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Results: 4 Answers
International Arbitration
14.
Grounds for challenging an award
14.1
What are the grounds on which an award can be challenged, appealed or otherwise set aside in your jurisdiction?
 
Egypt
Arbitral awards rendered in accordance with the provisions of the Arbitration Law may not be challenged by any of the means of recourse provided for in the Code of Civil and Commercial Procedures.

An action for the nullity of the arbitration award may be instituted in the following cases:

  • if there is no arbitration agreement, if it was void, voidable or its duration had elapsed;
  • if either party to the arbitration agreement was, at the time of conclusion of the arbitration agreement, fully or partially incapacitated according to the law governing his or her legal capacity;
  • if either party to the arbitration was unable to submit a defence as a result of not being duly notified of the appointment of an arbitrator, of the arbitral proceedings or for any other reason beyond his or her control;
  • if the arbitral award excluded the application of the law agreed upon by the parties to govern the subject matter in dispute;
  • if the composition of the arbitral tribunal or the appointment of the arbitrators had been undertaken in violation of the law or contrary to the parties’ agreement;
  • if the arbitral award dealt with matters not falling within the scope of the arbitration agreement or exceeding the limits of this agreement; or
  • if the arbitral award is null and void or the arbitration proceedings affecting the award are null and void.

The court adjudicating the action for nullity shall ipso jure annul the arbitral award if it contains a violation of public policy in Egypt.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration
14.2
Are there are any time limits and/or other requirements to bring a challenge?
 
Egypt
The action for nullity of the arbitral award must be brought before the competent court within 90 days following the date of notification of the arbitral award to the party against which it was rendered.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration
14.3
Are parties permitted to exclude any rights of challenge or appeal?
 
Egypt
No particular mention is made of the question of confidentiality in the Arbitration Law save for article 44(2), which provides that the arbitral award may not be published in whole or in part unless the parties have given approval. However, under CRCICA rules, the parties undertake to keep confidential all awards, decisions and materials submitted by the parties in the arbitral proceedings. This undertaking applies to the arbitrators, the tribunal-appointed experts and the secretary of the arbitral tribunal. Though they may, in writing, expressly agree to the contrary.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration