Nassar Law
2 Contributions by Nassar Law Experts
PRACTICE NOTES
Overview of challenges to Egyptian court jurisdiction
This Practice Note outlines the legal bases for contesting the jurisdiction of Egyptian courts. Jurisdiction is set by Articles 28–35 of the Law of Civil and Commercial Procedures (the 'LCCP'). These provisions determine when those courts may hear a dispute. The organising principle is territorial: the default forum is tied to the defendant’s domicile or residence, and courts apply the internationally recognised rule accordingly, save for in rem disputes involving interests in property.
In rem jurisdiction: where the claim concerns a property, proceedings must be brought before the court whose geographical area covers the location of that property, as this is the court empowered to seize and hold it for legal purposes. Consequently, Egyptian courts have jurisdiction over any defendant, whether Egyptian or foreign, who resides in, or is domiciled in, Egypt. See Cour de
Arbitration
PRACTICE NOTES
Introduction
This Practice Note outlines the legal framework for enforcing international arbitral awards in Egypt. That framework is found in the Egyptian Arbitration Law (the EAL), which draws on the UNCITRAL Model Law (the Model Law) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the NY Convention), to which Egypt is a party. Egypt ratified the NY Convention on 9 March 1959, and it came into effect through parliamentary adoption and publication in the Official Gazette on 14 February 1959. The EAL governs enforcement of all international arbitral awards, whether issued within Egypt or abroad, provided they qualify as international awards. Under EAL Article 3, an international award is one made in an international arbitration; international arbitration is identified by several tests, so the initial step is to determine what constitutes an
Arbitration
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