Enforcement and Challenges in Egyptian Arbitration
In his Know How publication for GAR ((https://globalarbitrationreview.com/)), Karim A Youssef, CEO of Youssef & Partners (Youssef + Partners), addresses the complexities involved in enforcing and challenging arbitration awards within the jurisdiction of Egypt. Youssef discusses the current state of arbitration in Egypt, including the legal framework, recent developments, and challenges faced in enforcing arbitration awards. The publication highlights the importance of choosing an appropriate arbitration institution and following proper procedures to ensure the enforceability of awards.
Challenging and Enforcing Arbitration Awards: Egypt – Global Arbitration Review
FAQ ABOUT Enforcing Arbitration Awards in Egypt
Can arbitration awards be enforced?
Yes, arbitration awards can generally be enforced. Most countries, including those that are signatories to the New York Convention, recognize and enforce arbitration awards. Enforcement typically involves filing an application or petition in a competent court, submitting the arbitral award, and fulfilling any procedural requirements set forth in local laws or international treaties.
How do you execute an arbitration award?
To execute an arbitration award, you typically follow these steps:
- Obtain a certified copy of the arbitral award.
- File an application or petition for enforcement in the appropriate court.
- Provide supporting documents and evidence of service to the opposing party.
- Await the court’s decision on enforcement, which may include issuing an enforcement order.
- Execute the award by taking necessary legal actions, such as garnishment or seizure of assets, as permitted under local laws.
How do I dispute an arbitration award?
Disputing an arbitration award is usually limited and subject to specific grounds under applicable laws or arbitration rules. Common grounds for challenging an award may include procedural irregularities, lack of jurisdiction, or violations of public policy. The process generally involves filing an application to set aside or annul the award in the appropriate court or challenging the award through an appeal process if available.
What is an arbitrator’s duty to render enforceable awards?
An arbitrator has a duty to render enforceable awards by ensuring the decision is clear, well-reasoned, and compliant with procedural requirements and substantive laws. Arbitrators should follow due process, provide equal opportunity for each party to present their case, and avoid decisions that are arbitrary or based on personal biases. This duty helps maintain the integrity and enforceability of arbitration awards globally.
