Jurisdiction(s):
United Kingdom

Challenging Egyptian court jurisdiction where arbitration agreements exist: procedures, timing, no anti-suit injunctions, and recognition/enforcement of foreign judgments and orders

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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 Cassation, Challenge No. 145 for judicial year 62 (Decision 15 May 2000); and Cour de Cassation, Challenge No. 952 for judicial year 71 (Decision 12 January 2003). This rule applies equally to corporate or juridical persons that are established and domiciled in Egypt...

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Dr Nagla Nassar

Nassar Law

Dr. Nagla Nassar is Senior Partner at NassarLaw which was established in 1885. She graduated from Cairo University and Trinity College where she got her M. Litt and has an LL.M from Harvard University as well as a PhD from Geneva University and the Diploma of The Hague Academy in Private International Law. Before joining NassarLaw in 2004 she practiced in several jurisdictions and is a member of several bars. She was with the ICSID Secretariat and is a member of different arbitration forums including being a fellow of the Chartered Institute of Arbitrators and is a Council Member of the ICC World Business Institute. She has many legal publications analyzing critical legal problems and is abreast of current issues. With many years of experience both as corporate counsel and arbitrator she has acted on behalf of many major...

Web page updated on 21/05/2026

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