Egypt / 19 March 1997 / Cairo Court of Appeal / The Commercial Company for Investment v. Bell Rover Shipping Limited / 68/113
| Country | Egypt |
| Court | Egypt, Cairo Court of Appeal |
| Date | 19 March 1997 |
| Parties | The Commercial Company for Investment v. Bell Rover Shipping Limited |
| Case number | 68/113 |
| Applicable NYC Provisions | V | VI | V(1)(e) |
| Languages | English |
| Summary | On 7 July 1993, the Parties entered into a contract for the lease of a ship by Bell Rover Shipping Limited (“Bell Rover”) to the Commercial Company for Investment (“CCI”). The contract was signed in Limassol, Cyprus and its Article 39 provided for the settlement of disputes by arbitration in London and for the application of English law. Bell Rover initiated arbitration, claiming that the ship suffered damages. After an award was rendered on 12 January 1995, CCI filed a lawsuit before the Cairo Court of Appeal, requesting the suspension of the enforcement of the award and its setting aside. Bell Rover maintained that the Egyptian Arbitration Law did not apply to the dispute which was governed by the NYC and objected to the jurisdiction of the Cairo Court of Appeal. The Court decided that it lacked jurisdiction to rule on CCI’s challenge. It ruled that the arbitration between the Parties was not subject to the Egyptian Arbitration Law, as the arbitral award was not issued in Egypt and the Parties did not agree on submitting their arbitration proceedings to that law. As the Egyptian Court of Appeal’s jurisdiction to rule on requests for the suspension of the enforcement of arbitral awards or their setting aside is limited to awards issued according to the Egyptian Arbitration Law, the Court held that it lacked jurisdiction to rule on CCI’s challenge. It considered that only the NYC applies to the arbitral award and deducted from Articles V(1)(e) and VI NYC that only the Courts of the country where the award was issued have jurisdiction to rule on requests for the suspension of the enforcement of the arbitral award or its setting aside. |
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Attachment (1)
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