Egypt - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Hazim Rizkana is a Partner in Baker & McKenzie’s Cairo Office. Mr. Rizkana focuses on the areas of dispute resolution, debt restructuring, aviation, bankruptcy and finance.

Hatem Darweesh is a Senior Associate in Baker & McKenzie’s Cairo Office and is a member of the Firm’s Global Dispute Resolution Practice Group.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislative Framework

Regulation of arbitration has always been viewed as part of Egyptian domestic procedural law. Prior to 1994, the approach to arbitration ranged from supportive to restrictive depending on the prevailing political dogma. Until 1949, arbitration was actively encouraged and its regulation was highly sophisticated.

However, after 1952, the prevailing aim of arbitration became to limit the parties’ ability to choose a means of dispute resolution other than litigation in domestic courts.

The picture changed dramatically as a result of the development and growing frequency and complexity of international commercial transactions, which has required an expeditious and internationally acceptable means of settling disputes. For more than three decades now, Egypt has been one of the leading countries in the Middle East for arbitration. Arbitration, whether domestic or international, has become increasingly popular.

Table of Contents:

A. Legislation, Trends and Tendencies A.1 Legislative Framework A.2 Recent Amendments B. Cases B.1 Annulment of Arbitral Award for Violation of Public Policy B.2 Rejection of Annulment Petition on the Basis of Lapse of Date to Issue the Award C. Insolvency Issues in Arbitration