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Commercial contracts in Egypt: Q&A on formation, good faith, implied terms, liability limits, termination, force majeure, choice of law/jurisdiction, arbitration and enforcement (2022)

Published by a LexisNexis Commercial expert

Practice notes

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Commercial contracts—Egypt—Q&A guide [Archived, 2022 edition]

This Practice Note offers a jurisdiction-specific Q&A on commercial contracts in Egypt, issued within the Lexology Getting the Deal Through series by Law Business Research (published: January 2022). Authors: Eldib Advocates—Richard G Tibichrani; Mohamed Abdel Rehim

1. Is there an obligation to use Good faith when negotiating a contract?

Article 148/1 of Egyptian Civil Law No. 131/1948 provides that contractual obligations must be performed in good faith by both parties. Accordingly, Egyptian law—and therefore the courts—upholds the good faith principle even where a contract is silent on it. This approach is considered to reach into the pre-contractual stage.

2. How are ‘Battle of The Forms’ disputes resolved in your jurisdiction?

Under Egyptian law, courts generally treat the last version of the contract agreed before Performance begins as the binding agreement between the parties. Notably, it was contended before the Court of Appeal that the carrier’s bill of lading terms and conditions did not bind the shipper because those provisions were introduced to the shipper after the performance of...

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Web page updated on 21/05/2026

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