Comparative Guides
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Results: 4 Answers
International Arbitration
6.
Applicable law issues
6.1
How is the law of the arbitration agreement determined in your jurisdiction?
 
Egypt
As mentioned before, the arbitration Law adopted the principle of freedom to arbitrate with preference always given to the contractual provisions, including those regulating the choice of the applicable law. However, if the parties fail to agree on the legal rules to be applied to the merits of the dispute, the arbitral tribunal shall apply the substantive rules of the law it deems most closely connected to the dispute.

For more information about this answer please contact: Ismail Selim from The Cairo Regional Centre of International Arbitration
6.2
Will the tribunal uphold a party agreement as to the substantive law of the dispute? Where the substantive law is unclear, how will the tribunal determine what it should be?
 
Egypt
Article 39 of the Egyptian Arbitration Law (no.27/1994) provides that “the arbitral tribunal shall apply to the substance of the dispute the rules chosen by the two parties”. The choice of substantive law by the parties is not restricted, save for certain exceptional legislative constraints (e.g. in technology transfer contracts and for the remuneration of Egyptian commercial agents). Article 39 of the Egyptian Arbitration Law goes on to state that where the parties fail to agree on the applicable substantive law, the tribunal is to apply the substantive law it finds "most closely connected to the dispute”. Article 39 further states in its paragraph 3 that in all events the arbitral tribunal shall respect the terms of the contract and any usage of trade applicable to the transaction.

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