Law Concerning Arbitration in Civil and Commercial Matters Law No. 27/1994
Published in the Official Gazette No.16 (bis) on 21 April 1994
Part I. General Provisions
Article 1
Subject to the provisions of International Treaties that are applicable in the Arab Republic of Egypt, this Law shall apply to any arbitration made between, Public or Private persons, irrespective of the nature of the legal relationship to which the dispute relates when the arbitration takes part in Egypt or if it is an International Commercial Arbitration and the Parties agree to submit it to the provisions of this Law.
Article 2
Pursuant to this Law, an arbitration is commercial when the dispute arises from a legal relationship of an economic nature, contractual or non-contractual, including, for example:
Supplying of goods and services; commercial agency; construction contracts; engineering or knowhow expertise agreements; industrial (or) touristic or other licenses; transfer of technology; investment and development agreements; banking, insurance and transport operations; mining and exploitation of natural resources; energy supply and laying of gas or oil pipelines; construction of roads and tunnels and agricultural land reclamation, environmental protection and the establishment of nuclear reactors.
Article 3
Pursuant to this Law, an Arbitration is International if it relates to a dispute that concerns International Commerce as in the following cases:
First: the two parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States. However, if a party has more than one place of business, regard shall be given to the place of business that has the closest relationship to the subject of the arbitration agreement; if a party does not have a place of business, reference is to be made to his habitual residence.
Second: If the two parties of the arbitration have agreed to recourse to a permanent arbitration institution or to an arbitration centre located in the Arab Republic of Egypt or abroad.
With reference to disputes relating to administrative contracts, agreement to arbitration should have the approval of the competent minister or the official assuming his powers with respect to public juridical persons. No delegation of powers shall be authorized in this respect.*
* This paragraph was inserted into this law by law No. 9/1997 dated 13 May 1997, published in the Official Gazette on 15 May 1997
Third: If the subject of the dispute, which is covered by the arbitration agreement, relates to more than one state.
Fourth: If the main place of business of the two parties to the arbitration is located in the same State at the time the conclusion of the arbitration agreement but one of the following places is situated outside the State:
(a) the place of arbitration if determined in, or pursuant to, the arbitration agreement;
(b) any place where a substantial part of the obligations of the commercial relationship between the two parties is to be performed; or
(c) the place with which the subject-matter of the dispute is most closely connected.
Article 4
1- Pursuant to this Law, “arbitration” means any arbitration agreed upon by the two parties of the dispute by their own free will, whether or not the party that administrates the arbitration proceedings under the two parties agreement is a permanent arbitration institution or a centre.
2- Arbitral tribunal” means a Tribunal which is constituted by a sole arbitrator or more for determining the dispute submitted to arbitration. A “Court” means a court from the judicial system of the State.
3- Pursuant to this Law, "parties to the arbitration" refers to the parties to arbitration, irrespective of their number.
Article 5
Where this Law permits the two parties to the arbitration to choose the procedures to be followed in a certain issue, such freedom shall include their right to authorize a third party to make that choice. A third party in this respect shall include an institution or an arbitration centre in the Arab Republic of Egypt or abroad.
Article 6
Where the two parties to the arbitration agree to submit their legal relationship to the provisions of a standard contract or to an international convention or any other document, the provisions of such document shall apply as a whole with all related provisions that may be contained therein.
Article 7
(1) Unless otherwise agreed by the two parties to the arbitration, any letter or communication shall be delivered to the addressee personally or at his place of business, or in the place of habitual residence, or mailing address known to the parties or specified in the arbitration agreement, or in a document which governs the relationship subject of the arbitration.
(2) if none of these can be found after making a reasonable inquiry, a communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter.
(3) The provisions of this article do not apply to judicial communications in court proceedings.
Article 8
A party who knows that a requirement under the arbitration agreement or a provision of this Law from which the parties may derogate has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance within the period agreed upon or, in the absence of such agreement, without undue delay, shall be deemed to have waived his right to object.
Article 9
(1) Competence to review the arbitral matters, which are referred to the Egyptian judiciary pursuant to this Law, shall be made to the court having original jurisdiction over the dispute.
However, if the arbitration is international commercial arbitration, whether conducted in Egypt or abroad, competence lies with the Cairo Court of Appeal unless the parties have agreed on the competence of another appellate court in Egypt.
(2) The court having competence in accordance with the preceding paragraph shall have exclusive jurisdiction until the completion of all arbitration procedures.
Part II.
The Arbitration Agreement
Article 10
“(1) Arbitration agreement” is an agreement by the two parties to submit to arbitration for resolving all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
(2) An arbitration agreement may be concluded before the occurrence of a dispute either in a submission agreement or in an arbitration clause with relation to all or certain disputes which may arise between the two parties. In the latter case, the subject matter of the dispute must be stated in the Request for Arbitration referred to in paragraph (1) of Article (30) of this Law. The arbitration agreement may also be concluded after the dispute has arisen, even if an action has already been brought before a judicial court, in such case, the agreement must specify the issues subject to arbitration, on penalty of nullity.
(3) The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement, provided that the reference is such as to make that clause part of the contract.
Article 11
(Arbitration agreement may not be concluded except by natural or legal persons who have legal capacities to dispose of their rights. Arbitration is not permitted in matters on which compromise is not allowed.
Article 12
The arbitration agreement shall be in writing, on penalty of nullity. An arbitration agreement is in writing if its content is contained in a document signed by the two parties, or in an exchange of letters, telegrams or other means of written communication.
Article 13
(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall dismiss the this action, if a party so requests not later than when submitting any statement or defense on the substance of the dispute.
(2) Where an action referred to in the preceding paragraph has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made.
Article 14
Upon the request of either party to the arbitration, a court that has been referred to in Article (9) of this Law, may grant an order for taking of an interim or conservatory measure before or during arbitral proceedings.
Part III.
The Arbitral Tribunal
Article 15
“(1) The arbitral tribunal is constituted upon the parties' agreement of one or more arbitrators, in the absence of their agreement, the number of arbitrators shall be three.
(2) Where there is more than arbitrator, the tribunal must consist of an odd number, on penalty of nullity of the arbitration.
Article 16
(1) An arbitrator must not be a minor, an interdicted person or deprived from his civil rights on the ground of a judgment against him for a felony or misdemeanor contrary to honor or due to a declaration of his bankruptcy, unless he has been restored to his status.
(2) Unless otherwise agreed by the two arbitrating parties or provided for by the law, an arbitrator is not required to be of a specific gender or nationality.
(3) The arbitrator’s acceptance of his mandate shall be in writing and, when accepting, he shall disclose any circumstances likely to give rise to doubts as to his independence or impartiality.
Article 17
(1) The parties to an arbitration are free to agree on a procedure of appointing the arbitrators, and on the on the manner and the date of their selection. Failing such agreement, the following procedures shall be followed:
(a) If the arbitral tribunal consists of a sole arbitrator, the court specified in Article (9) of this Law shall appoint the arbitrator upon request of either party.
(b) If the arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators thus appointed fail to agree on the third arbitrator within thirty days following the date of appointing the more recently appointed arbitrator, the appointment shall be made, upon request of a party, by the court specified in article (9) or this Law. The arbitrator chosen by the two appointed arbitrators or appointed by the court shall chair the arbitral tribunal. The above provisions shall apply if the arbitral tribunal consists of more than three arbitrators.
2- Where, a party violates the agreed procedures for the selection of arbitrators, or the two parties are unable to reach an agreement in this respect, or the two appointed arbitrators are unable to reach an agreement expected of them under the agreed procedures, or if a third party fails to perform any function entrusted to it in this respect, then the court specified in Article (9) of this Law shall, upon request of either party, carry out the required measure or function, unless the agreement provides other means for securing the appointment.
3- In selecting an arbitrator, the competent court shall have due regard to the conditions required by this Law as well as those agreed upon by the parties, and it shall make its decision on the appointment of the arbitrator expeditiously, and subject to the provisions of Articles 18 and 19 of this Law, such decision shall be subject to no appeal.
Article 18
1- An arbitrator may be challenged only if circumstances exist that give rise
to justifiable doubts as to his impartiality or independence.
2- A party may challenge an arbitrator
appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
Article 19
(1) A request for challenge, indicating the reasons for challenge, shall be submitted in writing to the arbitral tribunal within fifteen days from the date the challenging party becomes aware of the constitution of the arbitral tribunal or of the circumstances justifying such challenge.Unless the challenged arbitrator withdraws from his office the arbitral tribunal shall decide on the challenge.
(2) A request for challenge shall not be accepted from a party who had previously submitted a request challenging the same arbitrator in the same arbitration.
(3) The challenging party may confront the decision refusing his request, within thirty days of receiving notice thereof, before the court specified in Article (9) of this Law which decision shall be subject to no appeal.
(4) The submission of the challenge shall not lead to the suspension of the arbitral proceedings. If the challenge is successful, the arbitral proceedings already conducted, including the arbitral award, shall be null and void. *
Article 20
If an arbitrator becomes unable to perform his functions or fails to commence or to continue such performance in a manner which leads to unjustifiable delay in the arbitral proceedings, and he does not withdraw and the parties couldn’t agree to terminate his mandate, then the court specified in Article (9) of this Law may order the termination of his mandate upon request of either party.
Article 21
“(Where the mandate of an arbitrator terminates upon a judgment ordering termination of his mandate, or revocation, withdrawal or for any other reason, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator whose mandate being terminated.
Article 22
(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the non-existence, the expiry, or nullity of the arbitration agreement, or that the said agreement does not cover the subject matter of the dispute.
(2) Such pleas shall be raised not later than the submission of the statement of defence by the Respondent as referred to in paragraph (2) of Article (30) of this Law. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator.
A plea that the arbitration agreement does not cover the matters that are raised by the other party during procedures, shall be raised immediately or, else, the right to raise such plea shall be precluded. In all cases, the arbitral tribunal may admit a late plea if it considers the delay was due to a justified reason.
(3) The arbitral tribunal may rule on a plea referred to in paragraph (1) of this Article either as a preliminary question before ruling on the merits or to include them with the merits in order to be ruled upon together. If the arbitral tribunal decides to dismiss the plea, such motion may not be raised except through the institution of a case for the annulment of the arbitral award disposing of the whole dispute pursuant to Article (53) of this Law.
Article 23
An arbitration clause shall be treated as an agreement independent of the other terms of the contract. The nullity, revocation or termination of the contract shall not affect the arbitral clause therein if such clause is valid by itself.
Article 24
1- The two arbitrating parties may agree to confer upon the arbitral tribunal the power to order either of them, upon request of either party, to take interim or conservatory measures as it may be deemed necessary for the subject of the dispute, it may also request to provide appropriate security to cover the costs for the granted measure.
2- If the party against whom the order was directed fails to execute it, the arbitral tribunal may, upon request of the other party, authorize the latter to take the necessary action for executing the order, without prejudice to the right of said party to apply to the president of the court specified in Article (9) of this Law for rendering an execution order.
Part IV. ARBITRAL PROCEEDINGS
Article 25
The two arbitrating parties are free to agree on the procedures to be followed by the arbitral tribunal, including their right to apply to these procedures the rules of any institute or arbitration centre in the Arab Republic of Egypt or abroad. Failing such agreement, the arbitral tribunal may, subject to the provisions of this Law, select the arbitration procedures it considers appropriate.
Article 26
The two arbitrating parties shall be treated with equality, and each shall party shall be given an equal and full opportunity of presenting his case.
Article 27
The arbitral proceedings commence on the date on which the respondent receives the request for arbitration from the claimant, unless the two parties agree on another date.
Article 28
The two arbitrating parties are free to agree on the place of arbitration in Egypt or abroad. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the place to the parties. This shall be without prejudice to the power of the arbitral tribunal to hold the meetings at any place it considers appropriate to perform any of the arbitral procedures, such as, the hearing of the parties to the dispute, witnesses or of experts or for reviewing documents or the inspection of goods or property or for consultation among its members, or for any other purposes.
Article 29
1- The arbitration shall be conducted in Arabic unless another language or languages are agreed upon by the two parties or it is decided by the arbitral tribunal. Unless otherwise specified by the agreement of the two parties or by decided by the arbitral tribunal, such agreement or decision, shall apply to all written statements and briefs, to the all hearings as well as to the decisions made, or any communications sent or awards issued by the arbitral tribunal.
2- The arbitral tribunal may order that all or part of the written documents submitted in the case shall be accompanied by a translation into the language or languages used in the arbitration. In the case of multiplicity of such languages, the translation may be limited to some of them.
Article 30
(1) Within the period of time agreed by the two parties or determined by the arbitral tribunal, the claimant shall send to the respondent and to each of the arbitrators a written statement of its case that includes its name, address, the respondent's name and address, an explanation of the facts of the case, a specification of the points at issue in the dispute, the relief or remedy sought as well as all other issue required under the agreement of the two parties to be mentioned in such statement.
(2) Within the period of time agreed by the two parties or determined by the arbitral tribunal, the respondent shall send to the claimant and to each of the arbitrators a written statement of defence in reply to the Statement of the Claim. The respondent may also include in such statement any incidental claims related to the subject-matter of the dispute or may invoke a right arising therefrom to raise a plea for set-off. He may do so even at a later stage of the proceedings if the arbitral tribunal considers that the circumstances justify the delay.
(3) Either party may submit with his statement of claim or with the statement of defence, as the case may be, copies of the documents he relies on, or may add a reference to all or some of the documents and evidence he intends to submit. This shall be without prejudice to the tribunal’s right, at any stage of the proceedings, to request the submission of the originals of documents or materials on which either party relies.
Article 31
All statements, documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert-report, document and any other evidence submitted to the arbitral tribunal shall be communicated to the parties.
Article 32
Either of the two arbitrating parties may amend or supplement his claims or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow this to avoid delaying the adjudication of the dispute.
Article 33
(1) The Arbitral Tribunal may hold oral hearings to allow each of the two parties to explain the subject-matter of the case and to present his arguments and evidence. However, unless the parties have otherwise agreed, the Arbitral Tribunal may decide that it is sufficient to present briefs and written documents.
(2) The two arbitrating parties must be notified of the dates of the hearings and meetings that are determined by the arbitral tribunal. This shall be made in a sufficient time prior to the scheduled dates which shall be estimated by the arbitral tribunal based on the circumstances.
(3) Unless otherwise agreed by the parties, the minutes of each hearing held by the arbitral tribunal shall be recorded in writing and a copy thereof shall be delivered to each of the two parties.
(4) The hearing of witnesses and experts shall be conducted without taking an oath.
Article 34
(1) Unless otherwise agreed by the parties, if, without showing sufficient cause, the claimant fails to submit the written statement of claim in accordance with Paragraph (1) of Article (30) of this Law, the arbitral tribunal shall terminate the arbitral proceedings.
(2) Unless otherwise agreed by the parties, if, the respondent fails to submit his statement of defence in accordance with Paragraph (2) of Article (30) of this Law, the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission by the respondent of the claimant’s allegations.
Article 35
If either party fails to appear at a hearing or to produce documentary evidence required from him, the arbitral tribunal may continue the arbitral proceedings and make the award on the dispute based on the available evidence before it.
Article 36
(1) The arbitral tribunal may appoint one or more experts to present a written or oral report on specific issues as determined by the tribunal and recorded in the minutes of the meeting. The arbitral tribunal shall notify each of the two parties of its decision designating the mission entrusted to the expert.
(2) Each party shall provide the expert with any relevant information to the dispute and to enable him to inspect and to examine any relevant documents, goods or other property related to the dispute. The arbitral tribunal shall settle any dispute that may arise in this connection between the expert and either of the two parties.
(3) The arbitral tribunal shall send to each of the two parties a copy of the expert's report once it is deposited with it, and shall grant each party the opportunity to express his views on the report, and each of the of the two parties has the right to review and examine the documents upon which the expert has relied in his report.
4 Following the delivery of the expert’s report, the arbitral tribunal may decide by its own motion or upon a request of either party to the arbitration, to hold a meeting to listen to the expert's opinion and to give the parties the opportunity to hear him and to discuss what have been included in report. Unless otherwise agreed by the two arbitrating parties, each party is entitled to present, in that hearing, one or more experts from his side to provide has opinion on the matters stated in the report of the expert appointed by the arbitral tribunal.
Article 37
The president of the Court as referred to in Article (9) of this Law, is competent to do the following, upon the request of the arbitral tribunal:
a) Order any witnesses who refrains from attending or declines to reply, by inflicting the sanctions applicable under Articles (78) and (80) of the Law of Evidence in Civil and Commercial Matters.
b) Order a rogatory commission.
Article 38
The proceedings before the arbitral tribunal shall be suspended upon the occurrence of any of the grounds for suspension and according to the conditions related thereto as provided for in the Code of Civil and Commercial Procedures. The effects of the suspension shall be those prescribed in the said Code.
Part V. The Arbitral Award and Termination of Proceedings
Article 39
(1) The arbitral tribunal shall apply to the substance of the dispute the rules that are chosen by the two parties, and if the parties agreed to apply the law of a given State, the substantive rules in that law shall apply and not the conflict of laws rules.
(2) Failing any designation by the parties on the applicable law rules to the subject matters of the dispute, the arbitral tribunal shall apply the substantive rules of the Law which the tribunal considers to have the closest connection to the dispute.
(3) The arbitral tribunal shall, when adjudicating the substance of the dispute, take into account the terms of the contract which is the subject of the dispute, and the usages of the trade applicable to the transaction.
(4) The arbitral tribunal, if it the two arbitrating parties have expressly agreed to authorize the tribunal to act as an amiable compositeur, may decide the subject matter of the dispute in accordance with the rules of justice and equity "ex aequo et bono" without complying with the law.
Article 40
If the arbitral tribunal consists of more than one arbitrator, the arbitral award shall be made, unless otherwise agreed by the parties, by a majority after a deliberation conducted in accordance to the arbitral tribunal's directions.
Article 41
If, during arbitral proceedings, the parties reached to a settlement that ends the dispute, they may request to record the terms of the settlement by the arbitral tribunal, where the latter shall, accordingly, issue an award that contains the terms of the settlement and terminates the proceedings. Such award has the same status and effect with regard to enforcement as all other arbitral awards.
Article 42
The arbitral tribunal may issue provisional awards or partial awards before rendering the final award which terminates the dispute..
Article 43
(1) The award shall be made in writing and shall be signed by the arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for the non-signature of the minority is stated.
(2) The award shall state the reasons upon which it is based, unless the two arbitrating parties have agreed otherwise or the law applicable to the arbitral proceedings does not require stating the reasons in the award.
(3) The award shall contain the names and addresses of the parties; the names, addresses, nationalities and titles of the arbitrators; a copy of the arbitration agreement; summary of the parties' requests, statements, documents, the general verdict, date and place of issuance of the award; as well as the reasons if stating the reasons is required.
Article 44
(1) The arbitral tribunal shall deliver to each of the two parties a copy of the arbitral award signed by the arbitrators who have approved it within thirty days of the date of its issuance.
(2) The arbitral award may not be published in whole or in part except with the approval of the two parties to arbitration.
Article 45
(1) The arbitral tribunal shall make the award which puts an end to the dispute within the time limit as agreed upon by the two parties. In the absence of such agreement, the award must be made within twelve months of the date of commencement of the arbitration proceedings. In all cases, the arbitral tribunal may decide to extend the time limit provided that the period of extension shall not exceed six months, unless the two parties agree on a longer period.
(2) If the arbitral award is not rendered within the time limit referred to in the preceding paragraph, either of the two parties to the arbitration may request the president of the Court referred to in Article (9) of this Law to issue an order to either extend the period of time or terminate the arbitration proceedings. In the latter case, either party may bring the dispute to the court having initial jurisdiction to adjudicate the case.
Article 46
If, during the course of the arbitral proceedings, a matter falling outside the scope of the arbitral tribunal’s jurisdiction is raised, or if a document submitted to it is challenged for forgery, or if criminal proceedings are undertaken regarding the alleged forgery or for any other criminal act, the arbitral tribunal may decide to continue reviewing the subject of the dispute if it deems that the adjudication on this matter, or on the forgery of the document or on the other criminal act has no effect on determining the subject of the dispute.
Otherwise, the arbitral tribunal shall suspend the proceedings until a final judgment is issued in this respect. Such measure shall cause suspension of the time limit for issuing of the arbitral award.
Article 47
The party in whose favour the award was made shall deposit to the Secretariat of the Court, which has been referred to in Article (9) of this Law, the original award or a copy thereof in the language in which it was rendered; or if it was rendered in a foreign language, an Arabic translation authenticated by a competent entity. The Secretariat of the Court shall evidence such deposit in Court's Records, and each of the two parties to arbitration may request a copy of the said Record.
Article 48
(1) The arbitral proceedings are terminated by the final award ending the dispute or by a court decision ordering the termination of the arbitral proceedings pursuant to paragraph (2) of Article (45) of this Law.
The arbitration proceedings can also be terminated by a decision of the arbitral tribunal in the following cases:
a) If the two parties agree on the termination of the proceedings;
b) If the claimant withdraws his claim, unless the arbitral tribunal decides, upon a request from the respondent, that the latter has a legitimate interest to continuing the arbitral proceedings until the dispute is determined.
c) If for any other reason the arbitral tribunal finds that the continuation of the proceedings has become unnecessary or impossible.
(2)The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, Subject to the provisions of Articles (49), (50) and (51) of this Law.
Article 49
(1) Within thirty days of receipt of the award, either party to the arbitration may request the arbitral tribunal to give an interpretation of an ambiguity that appears in the award. The party requesting interpretation must notify the other party of the request before submitting it to the arbitral tribunal.
(2) The interpretation shall be issued within thirty days following the date on which the request for interpretation was submitted to the arbitral tribunal. The tribunal may extend this period for further thirty days if it deems such extension is necessary.
(3)The interpretation decision shall form part of the award and is subject to the same rules applicable thereto.
Article 50
(1) The arbitral tribunal shall, by a decision on its own initiative or on the application of either party, correct any material error in the award, whether typographical or in computation. The correction of the Tribunal shall be made without a hearing within thirty days of the date of the award or the date of submitting the request for correction, as the case may be. The tribunal may extend this time limit to another thirty days if it considers this to be necessary.
(2) The decision of correction shall be made in writing by the arbitral tribunal and be notified to the parties within thirty days of the date on which it was issued. If the arbitral tribunal exceeds its authority in making the corrections, the decision may be nullified by means of an action for nullity pursuant to Articles (53) and (54) of this Law.
Article 51
(1) Either of the two arbitrating parties may, even after the expiry of the arbitration time limit, request from the arbitral tribunal, within the thirty days following the receipt of the arbitral award, to make an additional award as to claims presented in the arbitral proceedings but was not dealt with the final award. The other party must be notified of the request before it is submitted to the arbitral tribunal.
(2) The arbitral tribunal shall make its decision within sixty days of submission of the request, and it may extend this period for a further thirty days if it considers this to be necessary.
Part VI. Setting Aside of the Arbitral Award
Article 52
(1) Arbitral awards rendered in accordance with this Law may not be challenged by any of the means of recourse provided for in the Code of Civil and Commercial Procedures.
(2) An action for setting the award aside may be made in accordance with the provisions of Article (49), (50) and (51) of this Law.
Article 53
(1) An action to set the award aside may not be brought except in any of the following cases:
a. If there is no arbitration agreement, if it was void, voidable or terminated because of the expiration of its time limit.
b. If, at the time of concluding the arbitration agreement, either of the two arbitrating parties was fully or partially incapacitated under the law governing his capacity.
c. If either of the two arbitrating parties was unable to present his defence because he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or for any other reason beyond his control.
d. If the arbitral award excluded the application of the law agreed upon by the parties to govern the subject-matter of the dispute;
e. If the composition of the arbitral tribunal or the appointment of the arbitrators was not in accordance with this Law or the parties' agreement;
f. If the arbitral award dealt with matters not included within the scope of the arbitration agreement or exceeds the limits of such agreement. However, if parts of the award relating to matters falling within the scope of the arbitration can be separated from those which contains matters not failing within the scope of the arbitration, the nullity shall affect the latter parts only;
g. If the arbitral award or the arbitration procedures affecting the award contain a legal violation that causes nullity.
(2) The court that adjudicates the annulment procedures shall, by its own initiative, annul the arbitral award if it is in conflict with the public policy in the Arab Republic of Egypt.
Article 54
(1) The action for setting aside an arbitral award should be raised within ninety days following the date of notification of the arbitral award to the party against whom it was made. The admissibility of this action shall not be prevented if the applicant waived his right to request the setting aside before the issuance of the arbitral award.
(2) The court referred to in Article (9) of this Law shall have the jurisdiction to decide on an action for the annulment of awards made in international commercial arbitrations. In cases not related to international commercial arbitration, jurisdiction lies with the court of appeal having competence over the tribunal that would have initially had jurisdiction to adjudicate the dispute.
Part VII. Recognition and Enforcement of Arbitral Awards
Article 55
Arbitral awards rendered pursuant to the provisions of this Law are deemed to have the authority of res judicata and shall be enforceable subject to the provisions of this Law.
Article 56
The President of the Court referred to in Article (9) of this Law or a member of the said Court who has been delegated by the said president, shall have jurisdiction to order the enforcement of arbitral awards. The application for enforcing an arbitral award shall be accompanied by the following:
1. The original award or a signed copy thereof.
2. A copy of the arbitration agreement.
3. An Arabic translation of the award, authenticated by an accredited authority if the award was not made in Arabic.
4. A copy of the record which proves the deposit of the award pursuant to Article (47) of this Law.
Article 57
Submitting an action for annulment does not suspend the enforcement of the arbitral award, however, the court may suspend the enforcement if the applicant requests that in his application and when such request is based on serious grounds.
The court shall decide on the request for suspension of the enforcement within sixty days of the date of the first hearing fixed in relation thereto. If suspension is ordered, the court may require the provision of a given security or monetary guarantee. When the court orders a suspension of enforcement, it must rule on the action for annulment within six months of the date when the suspension order was rendered.
Article 58
(1) Application for the enforcement of an arbitral award shall not be acceptable before the expiration of the period to take action for annulment of the award.
(2) the order for enforcement of the arbitral award according to this Law shall not be granted except after making sure about the following:
a. It does not contradict with a judgment previously rendered by the Egyptian Courts on the subject matter in dispute;
b. It does not violate the public policy in the Arab Republic of Egypt; and
c. That it was properly notified to the party against whom it was rendered.
(3) The order granting leave for enforcement is not subject to appeal. * However, the order refusing to grant enforcement may be subject to a petition lodged, within thirty days from the date thereof, before the competent court referred to in Article (9) of this Law.