Comparative Guides
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Results: 4 Answers
International Arbitration
4.
Objections to jurisdiction
4.1
When must a party raise an objection to the jurisdiction of the tribunal and how can this objection be raised?
 
Egypt
The arbitral tribunal is empowered to rule on motions related to its non-competence, including motions predicated on the absence of an arbitral agreement, its expiry or nullity or its failure to include the subject matter of the dispute. This shall be invoked no later than the date of submission of the respondent’s statement of defence. Those pleas may be decided upon by the arbitral tribunal before ruling on the merits or join them to the merits in order to adjudicate both together.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration
4.2
Can a tribunal rule on its own jurisdiction?
 
Egypt
The Arbitration Law adopted the competence-competence principle by virtue of which the arbitral tribunal has jurisdiction to rule on its own jurisdiction and to decide over any jurisdiction-related claims including the existence, validity and scope of the arbitration agreement. This is also enforced by the principle of separability of the arbitration agreement.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration
4.3
Can a party apply to the courts of the seat for a ruling on the jurisdiction of the tribunal? In what circumstances?
 
Egypt
A state court seized with a dispute in respect of which an arbitral agreement exists must decide that the action is non-admissible if the defendant invokes a plea of non-admissibility before raising any request or defense in the case.

Further, it is worth mentioning that at the end of the arbitration, a party can bring an action in court for nullity of the arbitration award on the basis of lack of jurisdiction. In all cases, jurisdictional challenges must be recorded in the arbitration process before defenses on the merits. Otherwise, the party bringing these challenges can be deemed to have waived its right to challenge.

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