Egypt / 27 July 2003 / Cairo Court of Appeal / United Engineering Industrial v. Mirco Trading SI / 7/120
| Country | Egypt |
| Court | Egypt, Cairo Court of Appeal |
| Date | 27 July 2003 |
| Parties | United Engineering Industrial v. Mirco Trading SI |
| Case number | 7/120 |
| Applicable NYC Provisions | III |
| Languages | English |
| Summary | On 15 June 1999, an arbitral award was issued in arbitration proceedings between United Engineering Industrial (“UEI”) and Mirco Trading SI’s (“Mirco”) administered by the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania. On 30 October 2002, the Chairman of the 91st Commercial Circuit of the Cairo Court of Appeal granted enforcement to the arbitral award at the request of Mirco. UEI challenged the Chairman’s order before the 91st Commercial Circuit of the Cairo Court of Appeal. The Court rejected UEI’s challenge and confirmed the order granting enforcement to the arbitral award of 15 June 1999. It began by determining the rules applicable to the request for enforcement of a foreign arbitral award which has not been subjected by the Parties to the Egyptian Arbitration Law. Given that Egypt acceded to the NYC by Presidential Decree No. 171/1959, the NYC was applicable as is any other law of the Egyptian State and determines the rules applicable to the enforcement of foreign arbitral awards which can be governed either by Articles 296 to 301 of the Egyptian Code of Civil and Commercial Procedure (“Code of Procedure”) applicable to enforcement of foreign decisions or by Articles 55 to 58 of the Egyptian Arbitration Law applicable to enforcement of arbitral awards issued in Egypt. Article III NYC provides that the contracting States shall not impose more onerous conditions on the enforcement of foreign arbitral awards than are imposed on the enforcement of domestic arbitral awards. Given that Articles 296 to 301 of the Code of Procedure provide for more onerous conditions than those provided by Articles 55 to 58 of the Egyptian Arbitration Law, the enforcement of the arbitral award rendered in the dispute between the Parties shall be governed by the latter. |
Attachment (1)
 Original Language Adobe Acrobat PDF |
