Part IV -The Arbitral Proceeding
Article (25)
The parties to the arbitration have the right to agree on the procedures to be followed by the arbitral tribunal, including the right to subject such procedures to the provisions in force in any arbitral organization or center in Egypt or aboard. In the absence of such agreement, the arbitral tribunal may, without prejudice to the provisions of the present law, adopt the arbitration procedures it deems suitable.
Article (26)
The parties to arbitration shall be on an equal footing, and each shall be accorded an equal and full opportunity to present his case.
Article (27)
The arbitral proceeding shall commence from the date the respondent receives the notice for arbitration from the applicant, unless the parties agree on another date.
Article (28)
The parties to arbitration may agree on a place of arbitration in Egypt or abroad. In the absence of such agreement, the arbitral tribunal shall determine where the arbitration shall be held, with due consideration to the circumstance of the dispute and the convenience of the place to the parties, this shall be without prejudice to the power of the power of the arbitral tribunal to convene in any place it deems suitable for conducting any of the arbitral procedures, such as hearing the parties to the dispute or the testimony of witnesses or experts, reviewing documents, inspecting goods or funds, holding deliberations between its members or otherwise. Article (29)
Copies of the memos, documents and papers submitted to the arbitral tribunal by either party shall be sent to the other. Similarly, copies of experts' reports, documents and other means of evidence submitted to the tribunal shall be sent to each of the parties.
Article (32)
Either party may modify his claims or defenses or expand thereon during the arbitral proceeding unless the arbitral tribunal decides not to accept such modification or expansion to avoid delaying adjudication of the dispute.
Article (33)
The President of the Court referred to in Article (9) of this Law, upon request from the Arbitral Tribunal, shall be competent to:
The adversial proceeding before the Arbitral Tribunal shall be interrupted in accordance with the conditions prescribed for interruption in the Code of Civil and Commercial Procedures, and interruption as aforesaid shall give rise to the effects prescribed in the said Code.
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Article (25)
The parties to the arbitration have the right to agree on the procedures to be followed by the arbitral tribunal, including the right to subject such procedures to the provisions in force in any arbitral organization or center in Egypt or aboard. In the absence of such agreement, the arbitral tribunal may, without prejudice to the provisions of the present law, adopt the arbitration procedures it deems suitable.
Article (26)
The parties to arbitration shall be on an equal footing, and each shall be accorded an equal and full opportunity to present his case.
Article (27)
The arbitral proceeding shall commence from the date the respondent receives the notice for arbitration from the applicant, unless the parties agree on another date.
Article (28)
The parties to arbitration may agree on a place of arbitration in Egypt or abroad. In the absence of such agreement, the arbitral tribunal shall determine where the arbitration shall be held, with due consideration to the circumstance of the dispute and the convenience of the place to the parties, this shall be without prejudice to the power of the power of the arbitral tribunal to convene in any place it deems suitable for conducting any of the arbitral procedures, such as hearing the parties to the dispute or the testimony of witnesses or experts, reviewing documents, inspecting goods or funds, holding deliberations between its members or otherwise. Article (29)
- Arbitration shall be conducted in Arabic, unless another language or languages is agreed upon by the parties or decided by the arbitral tribunal. The agreement or decision as aforesaid shall apply to the language of written statements and memos, of oral pleadings as well as of all decisions taken, all communications transmitted and all awards issued by the tribunal, unless the agreement between the parties or the decision of the tribunal provides otherwise.
- 2. The arbitral tribunal may require that all or some of the written documents submitted in the case be accompanied by a translation into the language or languages used in the arbitration. In case of a plurality of such languages, translations may be limited to some of them.
- The claimant shall, by the date agreed between the parties or prescribed by the arbitral tribunal, send to the respondent and to each of the arbitrators a written statement of his claims containing his name and address, the respondent's name and address, an explanation of the facts of the case, a specification of the issues of dispute, his claims and all other matters required to be cited in such statement by the agreement between the parties.
- The respondent shall, by the date agreed between the parties or prescribed by the arbitral tribunal, send to the applicant and to each of the arbitrators a written statement of defense in reply to the statement of claim. He may include in such statement any incidental claims related to the subject matter or the dispute or invoke a right arising therefrom in the aim of raising a claim for set-off. This right is available to the respondent even at a subsequent stage of the proceedings, if the arbitral tribunal deems that there are circumstances justifying such delay.
- Either party may annex to his statement of claim or his statement of defense, as the case may be, copies of the documents on which he predicates his claims, and may refer to all or some of the documents and evidence that he intends to present. This shall be without prejudice to the right of the arbitral tribunal, at any stage of the proceedings, to request submission of the originals of the documents or instruments
Copies of the memos, documents and papers submitted to the arbitral tribunal by either party shall be sent to the other. Similarly, copies of experts' reports, documents and other means of evidence submitted to the tribunal shall be sent to each of the parties.
Article (32)
Either party may modify his claims or defenses or expand thereon during the arbitral proceeding unless the arbitral tribunal decides not to accept such modification or expansion to avoid delaying adjudication of the dispute.
Article (33)
- The arbitral tribunal shall hold pleading hearings to enable each party to explain the subject matter of his claim and to present his arguments and evidence. However, it may limit proceedings to the submission of written memos and documents unless the parties otherwise agree.
- A summary of the facts of each hearing convened by the arbitral tribunal shall be transcribed in minutes, a copy of which shall be transcribed in minutes, a copy of which shall be delivered to each of the parties unless they decide otherwise.
- Witnesses and experts are without administering of oath.
- If the claimant fails to submit the written statement of claim pursuant to paragraph
- If the respondent fails to submit a statement of defense pursuant to paragraph (2) of Article (30), the arbitral tribunal shall continue the arbitral proceeding. Such continuation shall not in itself be considered an acknowledgement by the respondent of the claimant's claim, unless the parties agree otherwise. If either party fails to attend one of the hearings or fails to present any of the documents requested from him, the Arbitral Tribunal may continue with the arbitral proceeding and issue an award on the dispute based on the elements of proof present before it.
- The Arbitral Tribunal may appoint one expert or more to present a written or oral report in connection with certain matters it designates. Such report shall be evidenced in the minutes of the hearing. The Tribunal shall furnish each of the parties with a copy of its decision designating the mission entrusted to the expert.
- The parties shall submit to the expert with any information he may request in
- connection with the dispute and examine any documents, goods or other assets related thereto. The Tribunal shall adjudicate any dispute arising between the expert and one of the parties in this connection.
- The Arbitral Tribunal shall send a copy of the expert's report to each party promptly upon its deposition, while allowing each of them to express his opinion thereon. The parties are entitled to review and examine the documents on which the expert based his report.
- The tribunal may, following submission of the expert's report, decide, either sua sponte or on the basis of a request by either party, to convene a hearing to hear the expert's testimony, while allowing the parties to listen to the expert and to discuss with him the contents of his report. Each of the parties shall be entitled to present his own expert or experts at such session to express an opinion on the matters addressed in the report complied by the expert appointed by the Arbitral Tribunal unless the parties otherwise agree.
The President of the Court referred to in Article (9) of this Law, upon request from the Arbitral Tribunal, shall be competent to:
- Pass judgment against defaulting or intransigent witnesses imposing the penalties prescribed in Article 78 and 80 of the Law of Evidence in Civil and Commercial matters.
- Order a judicial delegation commission rotatories.
The adversial proceeding before the Arbitral Tribunal shall be interrupted in accordance with the conditions prescribed for interruption in the Code of Civil and Commercial Procedures, and interruption as aforesaid shall give rise to the effects prescribed in the said Code.
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