Egypt
Answer ... The Arbitration Law does not regulate the issue of arbitration costs. Unless otherwise agreed by the parties, it is left to the discretion of the arbitral tribunal to estimate and allocate the costs and expenses of the arbitration between the parties. Arbitral tribunals seated in Egypt generally adopt the ‘loser pays’ rule, whereby the costs of the arbitration are fully borne by the unsuccessful party. The tribunal may alternatively decide to split the costs and expenses of the arbitration equally between the parties. It may also decide to apportion the costs between the parties if it determines that this is reasonable taking into account the circumstances of the case, including:
- the success of each party in its claims;
- the use of dilatory tactics by one or both parties; and
- the submission of claims that are deemed frivolous or dilatory.
If the parties agree to subject the arbitration to the rules of a certain institution or arbitration centre, the calculation and allocation of costs will be based on the specific provisions provided under the rules of that institution in relation to costs.