Answer ... Law 27/1994 on Arbitration in Civil and Commercial Matters (‘the Arbitration Law’) is the relevant law. In addition to arbitrability, the following requirements apply to arbitration in Egypt:

• The arbitration agreement must be in writing.
• Notwithstanding the requisite capacity to enter into an arbitration agreement, in administrative contracts a governmental entity cannot enter into an arbitration agreement without the prior approval of the competent minister (or other authorised person who assumes the minister’s powers with respect to public juridical persons).
• Representation before arbitral tribunals requires a specific power of attorney explicitly granting counsel the powers to undertake all the necessary arbitral procedures (Civil Code).

Answer ... Generally, the Arbitration Law does not differentiate between domestic and international arbitration, except for a minor difference that concerns which national court shall have jurisdiction to decide on relevant arbitration matters. A clear reference to this court is made in the Arbitration Law to rule on:

• external procedural matters; and
• annulment of the arbitral award.

In terms of external procedural matters, the Arbitration Law designates the national court that will initially have jurisdiction over the dispute in the absence of an arbitration agreement to decide thereon. For annulment, the Arbitration Law designates the court of second degree of the former referenced court (ie, the court of appeal).

The national court differs in the case of domestic and international arbitration. In domestic arbitration, the above applies; however, in international arbitration, the Arbitration Law provides for the competence of the Cairo Court of Appeal in relation to the annulment of an international arbitration award. The Arbitration Law considers an arbitration to be international if it relates to a dispute in connection with international commerce, for example where:

• the headquarters of the parties are located in two different countries at the time of the signing of the arbitration agreement;
• the parties agree to resort to a permanent arbitral organisation or to an arbitration centre with its premises in Egypt or abroad;
• the arbitration agreement is connected to more than one country/state; or
• the headquarters of the parties are located in the same country at the time of entering into the arbitration agreement, but where any of the following is located outside the state:
• • the place where the arbitration will take place as determined by the arbitration agreement;
  • the place where a significant part of the obligations will be performed; or
  • the place that is most closely related to the dispute.

Answer ... Yes.

Answer ... No.

Answer ... No, but there is a committee that has been formed to amend the Law, yet nothing has yet been decided, amendments would require the Legislative branch

Answer ... Egypt was among the very first states to become a signatory to the New York Convention on 9 March 1959.

Answer ... Egypt signed the ICSID Convention on 11 February 1972 and it entered into force as of 2 June 1972.