EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters 1
In the Name of the People,
The President of the Republic,
The People’s Assembly has adopted the following law and we have promulgated it.
Article 1
The provisions of the annexed Law shall apply to any arbitration pending at the time of its entry into
force or which commences thereafter, even if it is based on an arbitral agreement concluded before the
entry into force of this Law.
Article 2
The Minister of Justice shall issue the decrees required for the execution of this Law, and shall establish
the lists of arbitrators from which selections may be made pursuant to the provisions of Article 17
thereof.
Article 3
Articles 501 to 513 of Law No. 13/1968 promulgating the Code of Civil and Commercial Procedures are
hereby repealed as well as any provision contrary to the provisions of this Law.
Article 4
This Law shall be stamped in the Official Gazette and shall enter into force one month from the day
following the date of its publication. 2
This Law shall be stamped with the seal of the State and enforced as one of its laws.
Issued at the Presidency on 18 April 1994.
Hosni Mubarak
President of the Republic
1 Translated from the Arabic official text under the auspices of the Association for Arab and African Arbitrators
having its headquarters in Cairo, revised under the supervision of Prof. Dr. Ahmed S. El-Kosheri and updated by
the author of this report. 2
This Law was published in the Official Gazette No.16 (bis) on 21 April 1994.
Part I. General Provisions
Article 1
Subject to the provisions of international conventions applicable in the Arab Republic of Egypt, the
provisions of this Law shall apply to all arbitrations between public or private law persons, whatever the
nature of the legal relationship around which the dispute revolves, when such an arbitration is
conducted in Egypt, or when an international commercial arbitration is conducted abroad and its parties
agree to submit it to the provisions of this Law.
With regard to disputes relating to administrative contracts, agreement on arbitration shall be reached
upon the approval of the competent minister or the official assuming his powers with respect to public
juridical persons. No delegation of powers shall be authorized in this respect. 3
Article 2
Arbitration is commercial within the scope of this Law when the dispute arises over a legal relationship
of an economic nature, whether contractual or non-contractual. This comprises, for instance, the supply
of goods or services, commercial agencies, construction and engineering or technical knowhow
contracts, the granting of industrial, touristic and other licenses, transfer of technology, investment and
development contracts, banking, insurance and transport operations, and operations relating to the
exploration and extraction of natural wealth, energy supply, laying of gas or oil pipelines, building of
roads and tunnels, reclamation of agricultural land, protection of the environment and establishment of
nuclear reactors.
Article 3
Within the context of this Law, the arbitration is international whenever its subject matter is a dispute
related to international commerce in any of the following cases:
First: If the principal places of business of the two parties to the arbitration are situated in two different
States at the time of the conclusion of the arbitration agreement. If either party to the arbitration has
more than one place of business, due consideration shall be given to the place of business which has the
closest relationship with the arbitration agreement. If either party to the arbitration does not have a
place of business, then the place of its habitual residence shall be relied upon.
Second: If the parties to the arbitration have agreed to resort to a permanent arbitral organization or to
an arbitration centre having its headquarters in the Arab Republic of Egypt or abroad.
Third: If the subject matter of the dispute falling within the scope of the arbitral agreement is linked to
more than one country.
Fourth: If the principal places of business of the two parties to the arbitration are situated in the same
State at the time of the conclusion of the arbitration agreement, but one of the following places is
located outside the said State:
3 This paragraph was introduced by virtue of law No. 9/1997 dated 13 May 1997, which was published in the
Official Gazette on 15 May 1997 and came into force one day following its publication.
a) the place of arbitration as determined in the arbitration agreement or pursuant to the methods
provided therein for determining it;
b) the place where a substantial part of the obligations emerging from the commercial relationship
between the parties shall be performed; or
c) the place with which the subject matter of the dispute is most closely connected.
Article 4
1. For the purpose of this Law, the term “arbitration” means voluntary arbitration agreed upon by the
two parties to the dispute according to their own free will, whether or not the chosen body to which the
arbitral mission is entrusted by agreement of the two parties is a permanent arbitral organization or
centre.
2. The term “arbitral tribunal” denotes the tribunal composed of one or more arbitrators for the
purpose of adjudicating the dispute referred to arbitration. As to the term “court”, it means the court
belonging to the judicial system of the State.
3. The expression “the two parties to the arbitration” when used in this Law shall denote the parties to
the arbitration, whatever their number may be.
Article 5
In the cases where this Law permits the two parties to the arbitration to select the procedures which
must be followed in a given matter, this also includes their right to allow third parties to make such
selection. In this respect, any arbitration organization or centre in the Arab Republic of Egypt or abroad
shall be deemed a third party.
Article 6
Whenever the parties to the arbitration agree to subject the legal relationship between them to the
provisions of a standard contract, or international convention or any other document, then the
provisions of such document must apply, including the provisions related to arbitration provided for
therein.
Article 7
1. Unless otherwise provided in a special agreement between the two parties to the arbitration, any
letter or written communication shall be delivered to the addressee personally or at his place of
business, his habitual residence or mailing address, known to both parties, defined in the arbitration
agreement or in the document which contains the relationship subject to the arbitration.
2. If none of these addresses can be identified after having made a reasonable inquiry, communication
to the addressee is deemed to have been received if it is sent in the form of a registered letter to the
addressee’s last known place of business, habitual residence or mailing address.
3. The provisions of this article shall not apply to communications concerning judicial procedures before
the courts.
Article 8
If either party to a dispute knows that any requirement under the arbitration agreement has been
violated or a non-mandatory provision of this Law has not been complied with, yet proceeds with the
arbitration without invoking his objection to the violation or non-compliance within the period agreed
upon, or without undue delay in the absence of such agreement, the party shall be deemed to have
waived his right to object.
Article 9
1. Competence to review the arbitral matters referred to by this Law to the Egyptian judiciary lies with
the court having original jurisdiction over the dispute. However, in the case of international commercial
arbitration, whether conducted in Egypt or abroad, competence lies with the Cairo Court of Appeal
unless the parties agree on the competence of another appellate court in Egypt.
2. The court having competence in accordance with the preceding paragraph shall continue to exercise
exclusive jurisdiction until completion of all arbitration procedures.
Part II. The Arbitration Agreement
Article 10
1. The arbitration agreement is an agreement by which the two parties agree to submit to arbitration in
order to resolve all or certain disputes which have arisen or which may arise between them in
connection with a defined legal relationship, whether contractual or not.
2. The arbitration agreement may be concluded before the dispute has arisen either in the form of a
separate agreement or as a clause in a given contract concerning all or certain disputes which may arise
between the two parties. In the latter case, the subject matter of the dispute must be determined in the
Request for Arbitration referred to in paragraph 1 of Article 30 hereof. The arbitration agreement may
also be concluded after the dispute has arisen, even if an action has already been brought before a
judicial court, and in such case, the agreement must indicate the issues subject to arbitration, on penalty
of nullity.
3. The reference in a contract to a document containing an arbitration clause constitutes an arbitration
agreement, provided that such reference is such as to make that clause an integral part of the contract.
Article 11
Arbitration agreements may only be concluded by natural or juridical persons having the capacity to
dispose of their rights. Arbitration is not permitted in matters which cannot be subject to compromise.
Article 12
The arbitration agreement must be in writing, on penalty of nullity. An agreement is in writing if it is
contained in a document signed by both parties or contained in an exchange of letters, telegrams or
other means of written communication.
Article 13
1. The court before which an action is brought concerning a disputed matter which is the subject of an
arbitration agreement shall hold this action inadmissible provided that the respondent raises this
objection before submitting any demand or defence on the substance of the dispute.
2. The fact that the judicial action referred to in the preceding paragraph is brought shall not prevent the
arbitral proceedings from being commenced or continued, or the making of the arbitral award.
Article 14
Upon request of either party to the arbitration, the court referred to in Article 9 may order the taking of
an interim or conservatory measure, whether before the commencement of the arbitral proceedings or
during said proceedings.
Part III. The Arbitral Tribunal
Article 15
1. The arbitral tribunal consists, by agreement between the parties, of one or more arbitrators. In the
absence of such agreement on the number of arbitrators, the number shall be three.
2. If there is more than one arbitrator, the tribunal must consist of an odd number, on penalty of nullity
of the arbitration.
Article 16
1. The arbitrator cannot be a minor, under guardianship, have been deprived of his civil rights by reason
of a judgment against him for a felony or misdemeanour contrary to honesty or due to a declaration of
his bankruptcy; unless he has been restored to his status.
2. The arbitrator is not required to be of a given gender or nationality, unless otherwise agreed upon
between the two parties or provided for by law.
3. The arbitrator’s acceptance of his mission shall be in writing. When accepting, he must disclose any
circumstances which are likely to cast doubts on his independence or impartiality.
Article 17
1. The two parties to the arbitration may agree on the choice of the arbitrators, and on the method and
period of time for effecting their choice. In the absence of such agreement, the following steps shall be
followed:
a) If the arbitral tribunal consists of a sole arbitrator, the court specified in Article 9 of this Law shall
undertake the appointment of the arbitrator upon request of either party.
b) If the arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator and the
two arbitrators shall then appoint the third. If either party fails to appoint his arbitrator within thirty
days of a request to do so from the other party, or if the two appointed arbitrators fail to agree on the
third arbitrator within thirty days of the date of the latest appointment between the two, the court
specified in Article 9 of this Law shall undertake the appointment upon request of either party. The
arbitrator chosen by the two arbitrators or appointed by the court shall chair the arbitral tribunal. The
above provisions shall apply if the arbitral tribunal consists of more than three arbitrators.
2. If either party violates the agreed procedures for the choice of arbitrators, or if the two appointed
arbitrators are unable to reach an agreement expected of them under the agreed procedure, or if a third
party fails to perform any function entrusted to him in this regard, then the court specified in Article 9 of
this Law shall carry out the required procedure or the function needed upon the request of either party,
unless the agreement provides other means for securing the appointment.
3. In the choice of the arbitrator, the court shall observe the conditions required by this Law and those
agreed upon by the parties, and shall render its decision on said choice expeditiously. Subject to the
provisions of Articles 18 and 19 of this Law, such decision shall be subject to no appeal.
Article 18
1. An arbitrator may be challenged only if circumstances exist that give rise to serious doubts on his
impartiality or independence.
2. A party to the arbitration may challenge the arbitrator appointed by it or in whose appointment it has
participated, only for reasons of which it becomes aware after the appointment has been made.
Article 19 4
4 This Article was amended in 2000 by virtue of law No. 8/2000, which was enacted to accommodate a decision of
the Supreme Constitutional Court. The said law was published in the Official Gazette on 4 April 2000. The original
version of Article 19 of the Law read as follows:
“1. The challenge request shall be submitted in writing to the arbitral tribunal, indicating the reasons for the
challenge, within fifteen days after the challenging party became aware of the constitution of the arbitral tribunal
or of the circumstances which justify the challenge. Unless the challenged arbitrator withdraws from his office, the
arbitral tribunal shall decide on the challenge.
1. The challenge request, incorporating the reasons for such challenge, shall be submitted in writing to
the arbitral tribunal within fifteen days from the date the challenging party becomes aware of the
constitution of the arbitral tribunal or of the circumstances justifying such challenge. Unless the
challenged arbitrator withdraws from his office within fifteen days from the date of submitting such
request, the request shall be forwarded, at no extra cost, to the court referred to under Article 9 of this
Law for a final ruling that is subject to no appeal.
2. A challenge request shall not be accepted from a party who had previously submitted a request
challenging the same arbitrator in the same arbitration.
3. The submission of the challenge shall not entail the suspension of the arbitral proceedings. If the
challenge of the arbitrator is successful, the arbitral proceedings already conducted, including the
arbitral award, shall be null and void.
Article 20
If the arbitrator is unable to perform his mission, fails to perform his task or interrupts the performance
thereof in a manner which causes undue delay in the arbitral proceedings, and if he does not withdraw
and the parties have not agreed to terminate his mandate, then the court specified in Article 9 of this
Law may order the termination of his mandate upon request of either party.
Article 21
If the arbitrator’s mandate is terminated through challenge, revocation, withdrawal or for any other
reason, a substitute arbitrator shall be appointed to replace him according to the rules that were
applicable to the appointment of the arbitrator being replaced.
Article 22
1. The arbitral tribunal is competent to rule on the objections related to its lack of jurisdiction, including
objections claiming the non-existence of an arbitration agreement its extinction, nullity of said
agreement, or that it does not cover the subject matter in dispute.
2. Those pleas shall be raised at a date not later than that of submitting the respondent’s statement of
defence referred to in paragraph 2 of Article 30 of this Law. The appointment or participation in the
2. A challenge request shall not be accepted from a party who had previously submitted a request challenging the
same arbitrator in the same arbitration.
3. The challenging party may lodge a recourse against the decision refusing his request, within thirty days of
receiving notice thereof, before the court specified in Article 9 of this Law, and the court’s decision shall be subject
to no appeal.
4. Neither the submission of the challenge nor the recourse against the decision of the arbitral tribunal rejecting
such request shall entail the suspension of the arbitral proceedings. However, if the challenge of the arbitrator is
successful, whether by a decision of the arbitral tribunal or by the court reviewing the challenge, the arbitral
proceedings already conducted, including the arbitral award, shall be null and void.”
appointment of an arbitrator by one of the two parties to the arbitration shall not preclude such party
from raising such a plea. A plea that the arbitration agreement does not cover the disputed issues, must
be raised immediately, otherwise the right to raise it shall be precluded. In all cases, the arbitral tribunal
may admit a later plea if it considers the delay justified.
3. The arbitral tribunal may rule on the pleas referred to in paragraph 1 of this Article either as a
preliminary question before ruling on the merits or adjoin them to the merits in order to be ruled upon
together. If the arbitral tribunal rules to dismiss a plea, such motion may not be raised except through
the institution of recourse for the annulment of the arbitral award disposing of the whole dispute
pursuant to Article 53 of this Law.
Article 23
The arbitration clause shall be treated as an independent agreement separate from the other terms of
the contract. The nullity, rescission or termination of the contract shall not affect the arbitration clause,
provided that such clause is valid per se.
Article 24
1. Both parties to the arbitration may agree to confer upon the arbitral tribunal the power to order,
upon request of either party, interim or conservatory measures considered necessary in respect of the
subject matter of the dispute and to require any party to provide appropriate security to cover the costs
of the ordered measure.
2. If the party against whom the order was issued fails to execute it, the arbitral tribunal, upon the
request of the other party, may authorize the latter to undertake the procedures necessary for the
execution of the order, without prejudice to the right of said party to apply to the president of the court
specified in Article 9 of this Law for rendering an execution order.
Part IV. Conduct of the Arbitration Proceedings
Article 25
The two parties to the arbitration are free to agree on the procedure to be followed by the arbitral
tribunal, including the right to submit the arbitral proceedings to the rules prevailing under the auspices
of any arbitral organization or centre in the Arab Republic of Egypt or abroad. In the absence of such
agreement, the arbitral tribunal may, subject to the provisions of this Law, adopt the arbitration
procedures it considers appropriate.
Article 26
The two parties to arbitration shall be treated with equality, and each shall be given an equal and full
opportunity of presenting its case.
Article 27
The arbitral proceedings commence on the date on which the respondent receives the request for
arbitration from the claimant, unless the two parties agree on another date.
Article 28
The two parties to the arbitration are free to agree on the place of arbitration in Egypt or abroad. Failing
such agreement, the arbitral tribunal shall determine the place of arbitration having regard to the
circumstances of the case including the convenience of the place to the parties. This shall be without
prejudice to the power of the arbitral tribunal to meet in any place it considers appropriate to undertake
any of the arbitral proceedings, such as hearing the parties to the dispute, witnesses and experts,
reviewing documents, inspecting goods or other property, for consultation among its members or for
any other reason.
Article 29
1. The arbitration shall be conducted in Arabic, unless another language or languages are agreed upon
by the two parties or determined by the arbitral tribunal. This agreement or determination shall apply to
all written statements and briefs, to the oral hearings as well as to all awards, decisions or other
communications by the arbitral tribunal, unless specified otherwise by the agreement of the two parties
or by determination of the arbitral tribunal.
2. The arbitral tribunal may order that all or part of the documentary evidence submitted in the case
shall be accompanied by a translation into the language or languages used in the arbitration. In the case
of multiplicity of such languages, the arbitral tribunal may limit the translation to some languages to the
exclusion of others.
Article 30
1. Within the period of time agreed by the two parties or determined by the arbitral tribunal, the
claimant shall send to the respondent and to each of the arbitrators a written statement of its case that
includes its name, address, the respondent’s name and address, an explanation of the facts of the case,
the determination of the points at issue in the dispute, the relief or remedy sought as well as all other
elements which are required to be mentioned in such statement by agreement between the two
parties.
2. Within the period of time agreed by the two parties or determined by the arbitral tribunal, the
respondent shall send to the claimant and to each of the arbitrators a written statement of defence in
reply to the Statement of the claimant’s case. He may include in such statement any incidental claims
related to the subject matter of the dispute or may invoke a right arising thereunder in view of raising a
plea for setoff. He may do so even at a later stage of the proceedings, if the arbitral tribunal deems that
the circumstances justify the delay.
3. Both the claimant and the respondent are free to enclose with the statement of claim or with the
statement of defence, as the case may be, copies of the documents supporting the position of the
concerned party, and may add a reference to all or some of the documents and evidence it intends to
submit. This does not prejudice the right of the arbitral tribunal, at any stage of the proceedings, to
request the submission of the originals of the documents or materials invoked by either party to support
its case.
Article 31
All briefs, statements, documents or other information submitted to the arbitral tribunal by one party
shall be communicated to the other party. Similarly, copies of whatever may be submitted to the arbitral
tribunal such as expert reports, evidentiary documents or other elements of proof shall be
communicated to the parties.
Article 32
Either party may amend or supplement its submissions or supporting arguments during the course of
the arbitral proceedings, unless the arbitral tribunal considers it inappropriate having regard to avoiding
delay in adjudicating the case.
Article 33
1. The arbitral tribunal may hold oral hearings in order to enable each party to explain the merits of the
case and to present its arguments as well as evidence. It may also decide that the proceedings shall be
conducted exclusively on the basis of the submitted briefs and written documents, subject to any
contrary agreement by the parties.
2. The two parties to the arbitration must be notified of the dates fixed for the hearings or the meetings
which the arbitral tribunal decides to hold, sufficiently in advance of the scheduled date as determined
by the tribunal according to circumstances.
3. Summary minutes of each meeting held by the arbitral tribunal shall be recorded in a procès-verbal,
and a copy thereof shall be delivered to each of the two parties, unless otherwise agreed by the parties.
4. The hearing of witnesses and experts shall be conducted without taking an oath.
Article 34
1. If without showing sufficient cause, the claimant fails to submit the written statement of claim
pursuant to paragraph 1 of Article 30 of this Law, the arbitral tribunal shall terminate the arbitral
proceedings, unless otherwise agreed by the parties.
2. If the respondent fails to submit its statement of defence pursuant to paragraph 2 of Article 30 of this
Law, the arbitral tribunal shall continue the arbitral proceedings without treating such failure as an
admission by the respondent of the claimant’s allegations, unless otherwise agreed by the parties.
Article 35
If either party fails to appear at any of the meetings or to submit the documents required from it, the
arbitral tribunal may continue the arbitral proceedings and make the award on the dispute based upon
the elements of evidence before it.
Article 36
1. The arbitral tribunal may appoint one or more experts to submit on specific issues determined by the
arbitral tribunal a written report or an oral report to be included in the procès-verbal of the meeting. A
copy of the terms of reference regarding the mission entrusted to the expert shall be sent to each party.
2. Each party shall provide the expert with all relevant information concerning the dispute or produce or
provide access to relevant documents, goods or other property for his inspection. The arbitral tribunal
shall decide on any controversy arising in this respect between the expert and one of the parties.
3. The arbitral tribunal shall send to each party a copy of the expert’s report immediately after its
submission, granting each party the opportunity to express its opinion thereon. Each of the two parties
is entitled to review and examine the documents upon which the expert relied in his report.
4. The arbitral tribunal may decide, after the submission of the expert’s report, whether on its own
initiative or upon request of a party to the arbitration, to hold a meeting to hear the expert and to
provide for both parties the opportunity to hear him and to put questions to him about what is
contained in his report. Each of the parties may present one or more expert witnesses in order to give
testimony on the issues raised in the report of the expert appointed by the arbitral tribunal, unless
otherwise agreed by the parties to the arbitration.
Article 37
The president of the court referred to in Article 9 of this Law shall have jurisdiction, upon the request of
the arbitral tribunal, to:
a) Sanction any of the witnesses who refrains from attending or refuses to respond, by inflicting
the sanction prescribed in Articles 78 and 80 of the Law of Evidence in Civil and Commercial
Matters.
b) Order judicial assistance.
Article 38
The proceedings before the arbitral tribunal shall be suspended upon occurrence of any of the grounds
for suspension and according to the conditions related thereto as provided for in the Code of Civil and
Commercial Procedures. The effects of the suspension shall be those prescribed in the said Code.
Part V. The Arbitral Award and the Closure of the Procedures
Article 39
1. The arbitral tribunal shall apply to the substance of the dispute the rules chosen by the two parties. If
they agree on the applicability of the law of a given State, only the substantive rules thereof shall be
applicable and not its conflict of laws rules, unless otherwise agreed by the parties.
2. If the two parties have not agreed on the legal rules applicable to the substance of the dispute, the
arbitral tribunal shall apply the substantive rules of the law it considers most closely connected to the
dispute.
3. The arbitral tribunal, when adjudicating the merits of the dispute, shall decide in accordance with the
terms of the contract in dispute and the usages of the trade applicable to the transaction.
4. The arbitral tribunal may, if it has been expressly authorized to act as an “amiable compositeur” by
agreement between the two parties to the arbitration, adjudicate the merits of the dispute in
conformity with the rules of equity and fairness (ex aequo et bono), without being restricted by the legal
provisions.
Article 40
The award of an arbitral tribunal consisting of more than one arbitrator shall be made by the majority
after deliberations conducted in the manner determined by the arbitral tribunal, unless otherwise
agreed by the parties.
Article 41
If during the arbitral proceedings, the two parties agree on a settlement that terminates the dispute,
they may request that the terms of the settlement be recorded by the arbitral tribunal in the form of an
arbitral award on agreed terms which terminate the proceedings. Such award shall have the same effect
with regard to enforcement as all other arbitral awards.
Article 42
The arbitral tribunal may make interim or partial awards before making its final arbitral award which
terminates the entire dispute.
Article 43
1. The arbitral award shall be made in writing and shall be signed by the arbitrators. If the arbitral
tribunal consists of more than one arbitrator, the signatures of the majority of the arbitrators shall
suffice, provided that the award states the reasons for which the minority did not sign.
2. The arbitral award shall state the reasons upon which it is based, unless the two parties to arbitration
have agreed otherwise or the law applicable to the arbitral proceedings does not require the award to
be supported by reasons.
3. The arbitral award shall include the names and addresses of the parties, the names, addresses,
nationalities and titles of the arbitrators, a copy of the arbitration agreement, a summary of the parties’
requests, submissions, documents, the operative part of the award, date and place of making, as well as
the reasons whenever their inclusion is required.
Article 44
1. The arbitral tribunal shall deliver to each of the two parties a copy of the arbitral award signed by the
arbitrators who approved it within thirty days of the date of its making.
2. No publication of the award or parts thereof shall be authorized except with the approval of both
parties to the arbitration.
Article 45
1. The arbitral tribunal shall make the award terminating the dispute within the period agreed upon by
the two parties. In the absence of such agreement, the award must be made within twelve months of
the date of commencement of the arbitral proceedings. In all cases, the arbitral tribunal may decide to
extend the period of time, provided that the period of extension shall not exceed six months, unless the
two parties agree on a longer period.
2. If the arbitral award is not rendered within the period referred to in the preceding paragraph, either
of the two parties to arbitration may request the president of the court referred to in Article 9 of this
Law to issue an order either extending the period of time or terminating the arbitral proceedings. In the
latter case, either party may bring the dispute to the court having initial jurisdiction to adjudicate the
case.
Article 46
If, in the course of the arbitral proceedings, a matter falling outside the scope of the arbitral tribunal’s
jurisdiction is raised, or if a document submitted to it is challenged for forgery, or if criminal proceedings
are undertaken regarding the alleged forgery or for any other criminal act, the arbitral tribunal may
decide to proceed with the subject matter of the dispute without any reliance on the incidental matter
raised or on the document alleged to be a forgery or on the other criminal act. Otherwise, the arbitral
tribunal shall suspend the proceedings until a final judgment is rendered in this respect. Such measure
shall entail suspension of the period for making of the arbitral award.
Article 47 5
The party in whose favour the arbitral award has been made shall deposit, at the Secretariat of the court
referred to in Article 9 of this Law, the original award or a copy thereof in the language in which it was
rendered, or an Arabic translation thereof authenticated by a competent organism if it was rendered in
a foreign language. The court’s secretary shall evidence such deposit in a procès-verbal, and each of the
two parties to arbitration may request a copy of the said procès-verbal.
Article 48
1. The arbitral proceedings are terminated either by the making of the award ending the dispute or by a
court decision ordering the termination of the arbitral proceedings pursuant to paragraph 2 of Article 45
of this Law. The arbitral proceedings can also be terminated by a decision of the arbitral tribunal in the
following cases:
a) If the two parties agree on the termination of the proceedings.
b) If the claimant withdraws its claim, unless the arbitral tribunal decides, upon request of the
respondent, that the latter has a legitimate interest in continuing the arbitral proceedings until the
dispute is settled by a final award.
c) If for any other reason the arbitral tribunal finds that the continuation of the proceedings has become
unnecessary or impossible.
2. Subject to the provisions of Articles 49, 50 and 51 of this Law, the mandate of the arbitral tribunal
ends with the termination of the arbitral proceedings.
Article 49
1. Either party to the arbitration may request the arbitral tribunal, within thirty days of receipt of the
arbitral award, to give an interpretation clarifying an ambiguity that appears in the dispositive part of
the award. The party requesting clarification must notify the other party of the request before
presenting it to the arbitral tribunal.
2. The interpretation decision shall be made in writing within thirty days of receipt of the request for
clarification by the arbitral tribunal. The tribunal may extend that period by another thirty days if it
considers such extension necessary.
5 The procedure for the deposit of arbitral awards pursuant to this provision is detailed in a Ministerial Decree (No.
8310/2008) issued on 21 September 2008 and entered into force as of the date of its publication in the Official
Gazette on 7 October 2008, which was subsequently amended by virtue of another Ministerial Decree (No.
6570/2009), which was also subsequently amended by virtue of another Ministerial Decree (No. 9739/2011) issued
on 5 October 2011 and entered into force as of the date of its publication in the Official Gazette on 15 October
2011.
3. The interpretation decision made by the arbitral tribunal shall form an integral part complementing
the arbitral award which it clarifies and shall be provided the same treatment.
Article 50
1. The arbitral tribunal shall correct any exclusively material errors in its award, whether typographical
or in computation. Such corrections shall be undertaken by the arbitral tribunal on its own initiative or
upon request from either party. The arbitral tribunal shall make the correction without holding any
hearing within thirty days following the making of the award or the receipt of the request for correction
as the case may be, and it may extend this period by another thirty days if it considers this to be
necessary.
2. The correction decision shall be made in writing by the arbitral tribunal and notified to the two parties
within thirty days of the date of its making. If the arbitral tribunal abuses its powers of correction, its
decision may be subject to recourse by means of an action for nullity in conformity with the provisions
of Articles 53 and 54 of this Law.
Article 51
1. Either party to the arbitration may, even after the expiry of the arbitration period, request the arbitral
tribunal, within the thirty days following the receipt of the arbitral award, to make an additional award
as to claims presented in the arbitral proceedings but omitted from the award. Such request must be
notified to the other party before submission to the arbitral tribunal.
2. The arbitral tribunal shall make its decision within sixty days of submission of the request, and it may
extend this period for a further thirty days if it considers this to be necessary.
Part VI. Setting Aside of the Arbitral Award
Article 52
1. Arbitral awards rendered in accordance with the provisions of this Law may not be challenged by any
of the means of recourse provided for in the Code of Civil and Commercial Procedures.
2. An action for the annulment of the arbitral award may be instituted in accordance with the provisions
of the following two articles.
Article 53
1. An arbitral award may be annulled only:
a) If there is no arbitration agreement, if it was void, voidable or its duration had elapsed;
b) If either party to the arbitration agreement was at the time of the conclusion of the arbitration
agreement fully or partially incapacitated according to the law governing its legal capacity;
c) If either party to the arbitration was unable to present its case as a result of not being given proper
notice of the appointment of an arbitrator or of the arbitral proceedings, or for any other reason beyond
its control;
d) If the arbitral award failed to apply the law agreed upon by the parties to govern the subject matter in
dispute;
e) If the composition of the arbitral tribunal or the appointment of the arbitrators was in conflict with
this Law or the parties’ agreement;
f) If the arbitral award dealt with matters not falling within the scope of the arbitration agreement or
exceeding the limits of this agreement. However, in the case when matters falling within the scope of
the arbitration can be separated from the part of the award which contains matters not included within
the scope of the arbitration, the nullity affects exclusively the latter parts only;
g) If the arbitral award itself or the arbitration procedures affecting the award contain a legal violation
that causes nullity.
2. The court adjudicating the action for annulment shall ipso jure annul the arbitral award if it is in
conflict with the public policy in the Arab Republic of Egypt.
Article 54
1. The action for annulment of the arbitral award must be brought within ninety days of the date of the
notification of the arbitral award to the party against whom it was made. The admissibility of the action
for annulment shall not be prevented by the applicant’s renouncement of its right to request the
annulment of the award prior to the making of the arbitral award.
2. Jurisdiction with regard to an action for the annulment of awards made in international commercial
arbitrations lies with the court referred to in Article 9 of this Law. In cases not related to international
commercial arbitration, jurisdiction lies with the court of appeal having competence over the tribunal
that would have initially had jurisdiction to adjudicate the dispute.
Part VII. Recognition and Enforcement of Arbitral Awards
Article 55
Arbitral awards rendered in accordance with the provisions of the present Law have the authority of the
res judicata and shall be enforceable in conformity with the provisions of this Law.
Article 56
Jurisdiction to issue an enforcement order of arbitral awards lies with the president of the court referred
to in Article 9 of this Law or with the member of said court who has been mandated for this purpose by
delegation from said president. The application for enforcement of the arbitral award shall be
accompanied by the following:
1. The original award or a signed copy thereof.
2. A copy of the arbitration agreement.
3. An Arabic translation of the award, certified by a competent organism, in case the award was not
made in Arabic.
4. A copy of the procès-verbal attesting the deposit of the award pursuant to Article 47 of this Law.
Article 57
The filing of an action for annulment does not suspend the enforcement of the arbitral award.
Nevertheless, the court may order said suspension if the applicant requests it in his application and such
request is based upon serious grounds. The court shall rule on the request for suspension of the
enforcement within sixty days of the date of the first hearing fixed in relation thereto. If suspension is
ordered, the court may require the provision of a given security or monetary guarantee. When the court
orders a suspension of enforcement, it must rule on the action for annulment within six months of the
date when the suspension order was rendered.
Article 58
1. Application for the enforcement of an arbitral award shall not be admissible before the expiration of
the period during which the action for annulment should be filed in the court registry.
2. The application to obtain leave for enforcement of the arbitral award according to this Law shall not
be granted except after having ascertained the following:
a) That it does not contradict a judgment previously rendered by the Egyptian Courts on the subject
matter in dispute;
b) That it does not violate the public policy in the Arab Republic of Egypt; and
c) That it was properly notified to the party against whom it was rendered.
3. The order granting leave for enforcement is not subject to appeal. 6
However, the order refusing to
grant enforcement may be subject to a petition lodged, within thirty days from the date thereof, before
the competent court referred to in Article 9 of this Law.
6 This prohibition was held unconstitutional by the Supreme Constitutional Court of Egypt on the grounds that
there should be equality between the rights of the parties [Challenge No. 92 of the judicial year 21, Session of 6
January 2001]. Accordingly, since the publication of this decision in the Official Gazette on 18 January 2001, the
party against whom the exequatur is issued may challenge it before the competent court within thirty days of the
date of the decision.