Part VI -Nullity of Arbitral Award
Article (52)
Article (55)
Arbitral awards rendered in accordance with the provisions of this law have the authority of res judicata and shall be forcibly executed without prejudice to the provisions of the present Law.
Article (56)
Jurisdiction to issue an order of enforcement of arbitral awards lies with the president of the court referred to in article (9) hereof or with any of the judges of such court that the president may delegate. The application for executing the arbitral award shall be accompanied by:
The institution of an action for nullity shall not stay execution of the arbitral award. Nevertheless, the court may order a stay of execution if the plaintiff requests same in his request and such request is based on valid reasons. The court shall rule on the request for a stay of execution within sixty days from the date of the first hearing scheduled to hear it. If it orders a stay of execution, it may order the presentation of a surety or money guarantee. Should the court order a stay of execution, it must rule on the motion for nullity within six months from the date such order was issued.
Article (58)
PAGE 1 | 2 | 3 | 4 | 5 | 6
Article (52)
- Arbitral awards issued in accordance with the provisions of this law may not be challenged by any of the means of challenge prescribed in the code of civil and commercial procedures.
- An action for the nullity of the arbitration award may be instituted in accordance with the provisions of the two subsequent articles.
- An action to procure the nullity of the arbitral award is admissible only in the following cases:
- a) If no arbitral agreement exists, or if it is void, voidable or expired
- b) If at the time of entering into the arbitral agreement one of the parties thereto was minor or incapacitated pursuant to the law governing his capacity
- c) If one of the parties to the arbitration was unable to present his defence because he was not properly notified of the appointment of an arbitrator or of the arbitral proceedings, or for any other reason beyond his control
- d) If the arbitral award fails to apply the law agreed to by the parties to the subject matter of the dispute
- f) If the Arbitral Tribunal was constituted or the arbitrators were appointed in a manner contrary to law or to the agreement between the parties
- g) If the arbitral award rules on matters not included in the arbitral agreement or exceeds the limits of such agreement. Nevertheless, if the parts of the award relating to matters which are amenable to arbitration can be separated from the parts relating to matters which are not, then nullity shall apply only to the latter parts
- h)If nullity occurs in the arbitral award, or if the arbitral proceedings are tainted by nullity affecting the award.
- The court seized with the action for nullity shall rule sua sponte for the annulment of the arbitral award if its contents violate public policy in the Arab Republic of Egypt.
- Actions to procure the nullity of the arbitral award must be brought within the ninety days following the date the arbitral award is notified to the party against whom it was rendered. An action for nullity is admissible even if the party invoking nullity waived his right to do so before the arbitral award was issued.
- Jurisdiction over actions for the nullity of arbitral awards rendered in international commercial arbitrations lie with the court referred to in Article (9) of this law. In other than international commercial arbitrations, jurisdiction lies with the court of second instance to which the decisions of the court of original jurisdiction over the dispute are raised.
Article (55)
Arbitral awards rendered in accordance with the provisions of this law have the authority of res judicata and shall be forcibly executed without prejudice to the provisions of the present Law.
Article (56)
Jurisdiction to issue an order of enforcement of arbitral awards lies with the president of the court referred to in article (9) hereof or with any of the judges of such court that the president may delegate. The application for executing the arbitral award shall be accompanied by:
- The original award or a signed copy thereof.
- A copy of the arbitral agreement.
- An Arabic translation if the award, authenticated by the competent authority, if the award was not issued in Arabic.
- A copy of the process verbal evidencing the deposition of the award pursuant to Article (47) hereof.
The institution of an action for nullity shall not stay execution of the arbitral award. Nevertheless, the court may order a stay of execution if the plaintiff requests same in his request and such request is based on valid reasons. The court shall rule on the request for a stay of execution within sixty days from the date of the first hearing scheduled to hear it. If it orders a stay of execution, it may order the presentation of a surety or money guarantee. Should the court order a stay of execution, it must rule on the motion for nullity within six months from the date such order was issued.
Article (58)
- The application for the enforcement of an arbitral award shall not be accepted before the date prescribed for raising an action for its nullity has lapsed.
- Enforcement of the arbitral award pursuant to this law may not be ordered except after verifying that:
- It is not contrary to a judgment previously issued by the Egyptian courts on the subject matter of the dispute b) It does not contradict public policy in the Arab Republic of Egypt c) It was properly notified to the party against whom it was rendered
- Orders issued for the enforcement of arbitral awards may not be petitioned against. However, orders refusing execution may be petitioned against before the competent court pursuant to the provisions of Article (9) hereof within thirty days from the date of its issuance.
PAGE 1 | 2 | 3 | 4 | 5 | 6