Supreme Court

The third condition: rule must be comprehensive for all aspects of the conflict without exceeding the limits of their mandate by arbitrator. In other words provision shall include all the issues raised by the opponents in front of the arbitrators and the arbitrators don’t have more than disputes require liabilities not including the rule because they derive their authority from their agreement the road exceptionally and then only on what the will went. One of the causes of nullity when arbitrator exceeds the limits of his mandate and it will be partly nullity if separation is possible to the parts that separate and not included in the mandate of arbitrators from other parts If there is no arbitrated , judgment will be voided .

The fourth condition: in accordance with the rules of law chosen by the parties: This is true both in terms of procedures and in terms of the subject and is a cause of the invalidity to ignore of the parties to the conflict and to separate it according to another law only if the arbitrator is authorized to rule conciliation. , so if the arbitrator is not authorized to conciliation , then he has to judge according to the law agreed between the parties and not based on considerations of justice and neglect this law is not correct to the arbitrator to ignore a personal right acquired from one provision in the law or stated in the contract, which regulates the relationship between the parties.

The fifth condition: judgment must be written: arbitration award must be written even if the arbitrators are empowered to conciliation or not bound to follow a particular law and judgment writing is a condition for its existence not to prove and issued orally is not to be described as the rule of arbitration not does it require the referee oral Authentic matter res judicata not be possible to implement laws different require to provide a native image certified or authenticated by the government with a request for execution which is not imagined , but no judgment .

The sixth condition: Rule must be signed by the arbitrators: arbitrators must be sign on the arbitration award , if one of the arbitrators decline to sign a statement shall clarify of the reasons for this failure and judgment to be issued free of these reasons have said an exhibition of invalidity , but the dissenting opinion is not legally Authentic no longer the contents of the reasons are considered the cause of invalidity.

The seventh condition: causing the arbitration award: Originally the arbitration award must be , causing even if the arbitrator conciliation commissioner , though the Law 27 / 1994 Egyptian made opponents have the right to agree not Couse and arbitrators relieved from it in the absence of a applicable law requirement of that the rule shall be causing But causing the provisions of the arbitrators, the same standards, causing judicial rulings is it sufficient to enable the court hearing the lawsuit invalidity or order status formula for operational review of the health of the proceedings or in the case of a request implemented control not violating the rules of public order in the law of the country of implementation.

The eighth condition: arbitration ruling must include certain data: the arbitration award must Include the following:

1 - Summary of liabilities sayings their applications and their documents, that is to say facts of the case which was issued

2 - the names of opponents must be mentioned and their attributes and their addresses or chosen domicile for who selected this home from them who began proceedings on their behalf and also the shortage or error which causes Blackout parties to the litigation or some of them result in the invalidity of the judgment.

3 - Judgment must include names and addresses of the arbitrators their nationalities and their attributes in arbitration and professional qualities and the omission of this statement or shortage which arranges nullity except for the lack of professional qualities doesn’t arrange nullity as long as their mentioned qualities in arbitration.

4 - Judgment must include issuing date and place in which it was made and the date of the judgment and this requirement is necessary to determine the date on which the appeal deadline invalidity starts and to determine the date on which the account interest on the amounts thereof. As well as to determine how long you will have to apply Interpretation of the Judgment , or request for additional provision or request correction of more material error and to determine the date , shall where the arbitrators exhaust their state and finally to make sure of the verdict during the period of arbitration and the importance of stating the place of arbitration which seems particularly in determining the nationality of the arbitration award , which consequently appointment the court responsible for hearing filed a nullity and the competent court to issue implement of it . In the absence of stating sentencing place it will be taken as issued in the seat of the arbitration.

5 - Governance must include a copy of the arbitration agreement, and this means the arbitration clause is intended or charter party arbitration so that the court can rule on the nullity suit monitor sentencing procedures , if the ruling does not include the arbitration agreement it would result in a ruling struck down .

6 - The arbitration award must include the operative part, and the operative is explicitly separates the dispute and is not valid to be able to take advantage of the operative phrases judgment in a manner conclusion.

7 - rule must be written in Arabic because it is the language of litigation in Egypt or doing a translation for it if issued in another language .


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