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Country Egypt Court Egypt, Court of Cassation Date 27 October 2020 Case number 18309/89 Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=6478&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 09 January 2020 / Egypt, Court of Cassation / The legal representative of Interfood Co. v. The legal representative of RCMA Asia Pte Ltd Singapore / 282/89
Country Egypt Court Egypt, Court of Cassation Date 09 January 2020 Parties The legal representative of Interfood Co. v. The legal representative of RCMA Asia Pte Ltd Singapore Case number 282/89 Applicable NYC Provisions III | V | V(1) | V(1)(c) | V(2) | V(2)(b) Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5708&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 24 December 2019 / Egypt, Court of Cassation / Mr. Mohamed Abbas Ghazi Elewa El-Naggar v. Mr. Hatem Hussein Mohamed Ahmed (in his capacity as the Chairman of the Board of Directors of Mansoura Sporting Club) et al. / 1458/89
Country Egypt Court Egypt, Court of Cassation Date 24 December 2019 Parties Mr. Mohamed Abbas Ghazi Elewa El-Naggar v. Mr. Hatem Hussein Mohamed Ahmed (in his capacity as the Chairman of the Board of Directors of Mansoura Sporting Club) et al. Case number 1458/89 Applicable NYC Provisions V | V(1) | V(1)(e) Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5704&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 07 November 2018 / Egypt, Cairo Court of Appeal / The legal representative of the Company for the Development of El-Rashidi El-Mizan Factories v. The legal representative for Metco International for Importation / 48/135
Country Egypt Court Egypt, Cairo Court of Appeal Date 07 November 2018 Parties The legal representative of the Company for the Development of El-Rashidi El-Mizan Factories v. The legal representative for Metco International for Importation Case number 48/135 Source Registry of the Court
Languages Arabic see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5703&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 03 July 2018 / Egypt, Cairo Court of Appeal / The legal representative of the Company for the Development of El-Rashidi El-Mizan Factories v. The legal representative for Metco International for Importation / 3/135
Country Egypt Court Egypt, Cairo Court of Appeal Date 03 July 2018 Parties The legal representative of the Company for the Development of El-Rashidi El-Mizan Factories v. The legal representative for Metco International for Importation Case number 3/135 Source Registry of the Court
Languages Arabic see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5702&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 13 March 2018 / Egypt, Court of Cassation / Capital Broadcasting Center (“CBC”) v. QSoft & Bassem Youssef / 2698/86, 3100/86 & 3299/86
Country Egypt Court Egypt, Court of Cassation Date 13 March 2018 Parties Capital Broadcasting Center (“CBC”) v. QSoft & Bassem Youssef Case number 2698/86, 3100/86 & 3299/86 Applicable NYC Provisions II | II(2) Source Registry of the Court
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4579&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDF
Country Egypt Court Egypt, Cairo Court of Appeal Date 28 January 2018 Parties Abu-Ghenema Co. v. SHINNG Co. S.A. Case number 5/124 Applicable NYC Provisions V | V(1) | V(1)(c) | V(2) | V(2)(b) Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5706&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 07 December 2016 / Egypt, Cairo Court of Appeal / The legal representative Foshan Bo Hoy Textile Company Limited v. The legal representative of the Egyptian Canadian Paper Mill Company (EgyCare) / 31/133
Country Egypt Court Egypt, Cairo Court of Appeal Date 07 December 2016 Parties The legal representative Foshan Bo Hoy Textile Company Limited v. The legal representative of the Egyptian Canadian Paper Mill Company (EgyCare) Case number 31/133 Applicable NYC Provisions II Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5701&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 03 February 2016 / Egypt, Cairo Court of Appeal / Damietta International Ports Company (DIPCO) v. Arab Contractors Company and Archirodon Company / 9/132
Country Egypt Court Egypt, Cairo Court of Appeal Date 03 February 2016 Parties Damietta International Ports Company (DIPCO) v. Arab Contractors Company and Archirodon Company Case number 9/132 Applicable NYC Provisions III | V Source Registry of the Court
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4313&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 28 April 2015 / Egypt, Court of Cassation / Cairo General Contracting Company v. Mr. Abd Al-Rahman Hassan Sharbatly, Mr. Talal Jameel Abo Al-Enein in his capacity as the liquidator of the Saudi-Egyptian Company for Contracting and the Minister of Housing / 5000/78
Country Egypt Court Egypt, Court of Cassation Date 28 April 2015 Parties Cairo General Contracting Company v. Mr. Abd Al-Rahman Hassan Sharbatly, Mr. Talal Jameel Abo Al-Enein in his capacity as the liquidator of the Saudi-Egyptian Company for Contracting and the Minister of Housing Case number 5000/78 Applicable NYC Provisions I | II | V Source Registry of the Court
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4400&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 06 April 2015 / Egypt, Court of Cassation / El Nasr Company for Fertilizers & Chemical Industries (SEMADCO) v. The Minister of Justice, the Secretary General of the Cairo Court of Appeals and the Head of the Bailiff Department at Al-Nozha Court / 15912/76
Country Egypt Court Egypt, Court of Cassation Date 06 April 2015 Parties El Nasr Company for Fertilizers & Chemical Industries (SEMADCO) v. The Minister of Justice, the Secretary General of the Cairo Court of Appeals and the Head of the Bailiff Department at Al-Nozha Court Case number 15912/76 Applicable NYC Provisions III Source Registry of the Court
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4399&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFMike McClure ; Mohamed Negm / Arbitration in Egypt and the UAE: Reflections on Law and Practice / Kluwer Arbitration Blog (4 June 2014) - 2014
Author(s) Mike McClure ; Mohamed Negm Source Kluwer Arbitration Blog (4 June 2014) Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions United Arab Emirates | Egypt Worldcat Number Worldcat : 5708314716 ISBN 978-981-05-7046-0 Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3201&opac_view=6 Attachment (1)
External ResourceExternal ResourceFathi Waly / التحكيم في المنازعات الوطنية والتجارية الدولية علما وعملا - المبحث الثاني : منح القوة التنفيذية لأحكام التحكيم الأجنبية [Translation: Arbitration in National and Commercial International Disputes: Theory and Practice - Section II: Granting Enforceability to Foreign Arbitral Awards] / منشأة المعارف
[Translation : Mansha’at Al Ma’aref]
- 2014
Author(s) Fathi Waly Source منشأة المعارف
[Translation : Mansha’at Al Ma’aref]
Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions Egypt Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4289&opac_view=6 NA / Arabic Jurisprudence – Egypt: The New York Convention / 65(1) Revue libanaise de l’arbitrage arabe et international 23 (2013) - 2013
Author(s) NA Source 65(1) Revue libanaise de l’arbitrage arabe et international 23 (2013) Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions Egypt ISBN 90-411-2322-9 Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=2993&opac_view=6 Hussein Dalia ; Ismail Selim ; Sally El Sawah / Egypte (Chronique de jurisprudence étrangère) - IV. L'exequatur des sentences arbitrales étrangères / 2013 (1) Revue de l'arbitrage 204 - 2013
Author(s) Hussein Dalia ; Ismail Selim ; Sally El Sawah Source 2013 (1) Revue de l'arbitrage 204 Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions Egypt Worldcat Number Worldcat : 775269506 Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5969&opac_view=6 Ahmed Sawy / الوجيز في التحكيم طبقا للقانون رقم 27 لسنة 1994 على ضوء أحكام القضاء وأنظمة التحكيم الدولية - المطلب الثاني: إجراءات تنفيذ أحكام المحكمين طبقا لقانون المرافعات (تنفيذ الأحكام الأجنبية) [Translation: Handbook of Arbitration under Law No. 27 of 1994, in Light of Court Decisions and International Arbitration Systems - Section II: The Measures of Enforcement of Arbitral Awards According to the Code of Civil Procedures (Enforcement of Foreign Awards)] / مطبعة مراد أبو المجد
[Translation: Mourad Abou El Magd Printing Press]
- 2013
Author(s) Ahmed Sawy Source مطبعة مراد أبو المجد
[Translation: Mourad Abou El Magd Printing Press]
Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions Egypt Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4288&opac_view=6 Egypt / 29 May 2012 / Egypt, Cairo Court of Appeal / Exxon Mobil for Oil and Greases LLC v. Exxon Mobil Corporation, ICANN and Commercial Attaché of the United States of America in Egypt / 57/127
Country Egypt Court Egypt, Cairo Court of Appeal Date 29 May 2012 Parties Exxon Mobil for Oil and Greases LLC v. Exxon Mobil Corporation, ICANN and Commercial Attaché of the United States of America in Egypt Case number 57/127 Applicable NYC Provisions III | V Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=6477&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 21 July 2011 / Egypt, Cairo Court of Appeal / The C.E.O of El-Husan Company for Import, Export and food packaging & wrapping S.A.E. v. El-Khaleej for Sugar Co., and the Minster of Justice / 86/125
Country Egypt Court Egypt, Cairo Court of Appeal Date 21 July 2011 Parties The C.E.O of El-Husan Company for Import, Export and food packaging & wrapping S.A.E. v. El-Khaleej for Sugar Co., and the Minster of Justice Case number 86/125 Applicable NYC Provisions V | V(1) | V(2) Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5707&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 18 May 2011 / Egypt, Cairo Court of Appeal / Misr International for Brokerage Co. v. Benson Financial for Financial Services Co. / 59/125
Country Egypt Court Egypt, Cairo Court of Appeal Date 18 May 2011 Parties Misr International for Brokerage Co. v. Benson Financial for Financial Services Co. Case number 59/125 Applicable NYC Provisions V Source Registry of the Court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=5705&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 28 March 2011 / Egypt, Court of Cassation / Engineering Industries Company & Sobhi A. Farid Institute v. Roadstar Management & Roadstar International / 1042/73
Country Egypt Court Egypt, Court of Cassation Date 28 March 2011 Parties Engineering Industries Company & Sobhi A. Farid Institute v. Roadstar Management & Roadstar International Case number 1042/73 Languages English Summary The Parties entered into a contract for the transfer of know-how, which provided for the settlement of disputes by arbitration in Lugano, Switzerland, in accordance with the Rules of the International Chamber of Commerce (the “ICC Rules”). On 4 February 2002, an arbitral award was rendered under Swiss law ordering Engineering Industries Company and Sobhi A. Farid Institute (“the Claimants”) to pay damages to Roadstar Management and Roadstar International. The Claimants filed a lawsuit before the Cairo Court of Appeal, requesting a suspension of the enforcement of the award and its setting aside. On 29 September 2003, the Cairo Court of Appeal declined jurisdiction over the Claimants’ request. On 23 November 2003, the Claimants challenged the judgment of the Cairo Court of Appeal before the Court of Cassation, alleging that the Cairo Court of Appeal had incorrectly applied the law by deciding that it lacked jurisdiction over the Claimant’s lawsuit even though the contract for the transfer of know-how was governed by the New Commercial Code, which provides for the jurisdiction of Egyptian Courts over disputes arising from contracts for the transfer of technology. The Court of Cassation dismissed the Claimants’ challenge. It concluded that the application of the Egyptian Arbitration Law is limited by Article 1 to arbitration proceedings held in Egypt and to international arbitration proceedings which the Parties have agreed to submit to the Egyptian Arbitration Law. It added that this position complies with the NYC, to which Egypt had acceded by Presidential Decree No. 171/1959. The Court held that the dispute between the Parties regarding the arbitration proceedings had to be submitted to the Swiss Courts and not to Egyptian Courts, given that the Parties had agreed that their disputes were to be settled by arbitration in Lugano, and in the absence of any evidence establishing an agreement to apply the Egyptian Arbitration Law. The Court also noted that the New Commercial Code does not apply to the Parties’ contract because the contract was concluded after its entry into force. affirms : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=970&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 23 February 2010 / Egypt, Court of Cassation / Nile Cotton Ginning Company v. Cargill Limited / 913/73
Country Egypt Court Egypt, Court of Cassation Date 23 February 2010 Parties Nile Cotton Ginning Company v. Cargill Limited Case number 913/73 Applicable NYC Provisions I | II | V Source Registry of the Court
affirmed by : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4398&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFMohamed Aboul Enein ; Atef Abdellatif / قضاء التحكيم : دراسة تحليلية لاتجاهات الفقه وأحكام المحكمة الدستورية العليا ومحكمة النقض والمحكمة الإدارية العليا ومحكمة القضاء الإداري ومحاكم الاستئناف في خصوص التحكيم الدولي والداخلي - الفصل الثاني: تنفيذ أحكام التحكيم الأجنبية [Translation: The Jurisprudence of Arbitration – Analytical Study of Scholarly Tendencies and Judgments of the Supreme Constitutional Court, Court of Cassation, Supreme Administrative Court, Administrative Court and Courts of Appeal regarding national and international arbitration - Chapter 2 : Enforcement of Foreign Arbitral Awards] / دار الكتب المصرية
[Translation: Dar El Kotob El Masreya]
- 2010
Author(s) Mohamed Aboul Enein ; Atef Abdellatif Source دار الكتب المصرية
[Translation: Dar El Kotob El Masreya]
Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions Egypt Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4287&opac_view=6 Egypt / 17 November 2009 / Tanta Court of Appeal / Al Ahram Beverages Company v. Société Française d’Etudes et de Construction / 42/42
Country Egypt Court Egypt, Tanta Court of Appeal Date 17 November 2009 Parties Al Ahram Beverages Company v. Société Française d’Etudes et de Construction Case number 42/42 Applicable NYC Provisions III Languages English Summary On 25 September 1991, an arbitral tribunal seated in Geneva, Switzerland, issued an award in favor of Société Française d’Etudes et de Construction (“Société Française”) against Al Ahram Beverages Company (“Al Ahram”) in an arbitration under the Rules of the International Chamber of Commerce (the “ICC Rules”). On 14 April 2005, the Chairman of the Cairo Court of Appeal held that he lacked jurisdiction to rule on Société Française’s request for the enforcement of the award, noting that the award was rendered abroad and was therefore governed by the NYC and its enforcement should be requested before the competent Court of First Instance pursuant to Article 297 of the Code of Civil and Commercial Procedure (“Code of Procedure”). Société Française applied for enforcement of the award before the Khanka Court of First Instance. By a judgment dated 24 September 2009, the Khanka Court of First Instance granted enforcement to the award and reduced the applicable interest rate to 7%. Al Ahram appealed before the Tanta Court of Appeal, arguing that the award should not be enforced as it contravened public policy in Egypt. The Tanta Court of Appeal decided that the Khanka Court of First Instance lacked jurisdiction over the request for enforcement of the award and overruled its judgment. The Court of Appeal noted that requests for enforcement of decisions issued abroad are made before the Courts of First Instance pursuant to Article 297 of the Code of Procedure, subject to the exception contained in Article 301 of the Code of Procedure that international conventions are applicable even when they are in contradiction with the provisions of the Code of Procedure. The Court recalled that Egypt acceded to the NYC by Presidential Decree No. 171/1959 and that the NYC is therefore applicable as is any other law of the Egyptian State. Referring to Article III NYC which provides that the contracting States shall enforce arbitral awards in accordance with their rules of procedure, the Court noted that the term “rules of procedure” in the NYC is not limited to the Code of Procedure but includes all laws organizing proceedings, such as the Egyptian Arbitration Law. It added that Article III NYC also provides that the contracting States shall not impose substantially more onerous conditions on the enforcement of foreign arbitral awards than those imposed on the enforcement of domestic arbitral awards. Comparing the provisions of the Code of Procedure applicable to enforcement of foreign decisions with Articles 55 to 58 of the Egyptian Arbitration Law, which apply to enforcement of arbitral awards issued in Egypt, the Court concluded that the provisions of the Code of Procedure set more onerous conditions than those of the Egyptian Arbitration Law. Accordingly, it decided that the enforcement of the award would be governed by the Egyptian Arbitration Law, which provides in its Articles 9 and 56 for the jurisdiction of the Chairman of the Cairo Court of Appeal over requests for enforcement of awards issued in international commercial arbitrations. The Court therefore referred the matter to the Chairman of the Cairo Court of Appeal. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=973&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 05 June 2009 / Egypt, Cairo Court of Appeal / Mohamed Fouad Abdel Hamid Hassan v. El Sakka Professional Group Incorporation / 29/125
Country Egypt Court Egypt, Cairo Court of Appeal Date 05 June 2009 Parties Mohamed Fouad Abdel Hamid Hassan v. El Sakka Professional Group Incorporation Case number 29/125 Languages English Summary On 23 July 2002, Mohamed Fouad Abdel Hamid Hassan (“Mohamed Fouad”) concluded a contract with El Sakka Professional Group Incorporation (“El Sakka Group”) by which he undertook to sing in two concerts in the United States of America. The contract contained an arbitration agreement and provided for the application of the Law of the State of New York. Following Mohamed Fouad’s failure to attend the concerts, El Sakka Group initiated arbitration proceedings before the International Centre for Dispute Resolution in New York. On 28 February 2006, an arbitral award was issued, which ordered Mohamed Fouad to pay damages to El Sakka Group. On 2 July 2008, the Chairman of the Cairo Court of Appeal issued an order granting enforcement of the award. Mohamed Fouad challenged the Chairman’s order before the 7th Commercial Circuit of the Cairo Court of Appeal and requested that the enforcement of the award be suspended and the order be overruled on the grounds that the Court lacked jurisdiction to issue it and, in the alternative, because enforcement of the award should be refused. He alleged that the Egyptian Arbitration Law is not applicable to the enforcement of the award, which must be requested before the Court of First Instance pursuant to the provisions of the Code of Civil and Commercial Procedure (“Code of Procedure”). He also alleged that enforcement of the award should be refused pursuant to the NYC because he was refused a visa entry to the United States of America and was therefore unable to present his case. He further alleged that enforcement of the award should be refused pursuant to the NYC because it is contrary to Egyptian public policy. The Court of Cassation rejected the challenge and upheld the enforcement order. It reasoned that, when the NYC refers to rules of procedure, Egyptian Courts should apply the Egyptian Arbitration Law as it contains the rules of procedure applicable in arbitration. The Code of Procedure should only be applied when the Arbitration Law does not contain any applicable provisions. As the NYC refers to rules of procedure with regards to recognition and enforcement of foreign arbitral awards, Egyptian Courts should apply the Egyptian Arbitration Law in this respect. The Court added that no evidence establishes that Mohamed Fouad was unable to present his case since he would have been able to appoint an attorney to represent him before the arbitral tribunal. The Court also concluded that the arbitral award is not contrary to Egyptian public policy. Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=888&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFEgypt / 02 December 2008 / Egypt, Cairo Court of Appeal / Misr Al-Hegaz Company for the manufacturing of pipelines and plastic products v. Grainer Exter Washinztnich GMBH / 54/125
Country Egypt Court Egypt, Cairo Court of Appeal Date 02 December 2008 Parties Misr Al-Hegaz Company for the manufacturing of pipelines and plastic products v. Grainer Exter Washinztnich GMBH Case number 54/125 Applicable NYC Provisions III | V Source Registry of the Court
Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4312&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDF