Answer ... (a) procedure, including evidence?
The parties are free to negotiate their own procedural rules, subject to mandatory provisions (for example, both parties must be treated equally and fairly). If the statutory rules (or the agreed rules) are silent, the arbitrators generally have a very broad discretion to determine the procedural rules.
As regard evidence, it is worth mentioning that each party shall have the burden of proving the facts relied on to support its claim or defence. Witnesses, including expert witnesses who are presented by the parties to testify to the arbitral tribunal on any issue of fact or expertise. Their statements are presented in written form and signed by them. The arbitral tribunal determines the admissibility, relevance, materiality and weight of the evidence offered.
The arbitral tribunal may appoint one or more experts to submit on certain specific issues determined by the arbitral tribunal, a written report or an oral report to be included in the meeting. A copy of the terms of reference regarding the report entrusted to the expert will be sent to each party immediately after its submission, granting each party the opportunity to express its opinion thereon. Each of the parties is entitled to review and examine the documents upon which the expert relied in his or her report.
The arbitral tribunal may decide, after the submission of the expert’s report, whether on its own initiative or upon the request of a party to the arbitration, to hold a hearing to hear the expert and to provide the parties with the opportunity to examine and cross-examine the expert about his or her report. During the meeting, each of the parties may present one or more expert witnesses to give testimony on the issues raised in the report of the expert appointed by the arbitral tribunal, unless otherwise agreed upon between the parties.
The IBA Rules on the Taking of Evidence are not regulated under Egyptian law. There are no legal impediments preventing the parties from agreeing to apply or seek guidance from said Rules. Articles 20–22 and 27 of the Law of Evidence in Civil and Commercial Matters (the Evidence Law) regulate production of documents with rules that are somewhat similar to the IBA Rules on the Taking of Evidence.
(b) interim relief?
The parties to an arbitration may agree that the arbitral tribunal can take any temporary or interim measure that may be required according to the nature of the dispute at the request of a party. For example, the tribunal may maintain or restore the status quo pending determination of the dispute, take action that would prevent, or refrain from taking action that is likely to cause, current or imminent prejudice to the arbitral process, etc. The tribunal may modify, suspend or terminate an interim measure it has granted upon application of a party or on the tribunal’s own initiative. The tribunal may ask the parties to present whatever guarantee that it deems sufficient to cover the expenses of such temporary or interim measure.
Thus, the parties should explicitly and specifically agree to grant arbitrators this power.
If the party against whom the order was issued fails to execute it, the arbitral tribunal, upon the request of the other party, may authorise the latter to undertake the procedures necessary for the execution of the order, without prejudice to the right of said party to apply to the president of the concerned court for rendering an execution order.
(c) parties which do not comply with its orders?
The tribunal has very broad discretion in relation to procedure where the agreed rules or the statutory rules are silent. For example, the tribunal can Order disclosure of documents known to be in a party's possession. Request a party to produce a certain witness, but cannot compel witness attendance. Negative inferences can arise when a party does not comply with the tribunal's request. The arbitrators do not have powers to issue interim orders (for example, attachment orders and injunctions) unless this is agreed by the parties in the arbitration agreement or subsequently.
(d) issuing partial final awards?
The arbitral tribunal may issue partial award, disposing of one or more monetary or other substantive issues between parties.
(e) the remedies it can grant in a final award?
An arbitral tribunal generally enjoys a broad authority and power to order any declaratory relief, monetary compensation, specific performance, interest, and costs. However, an arbitral tribunal is not generally entitled to order punitive damages or interest in excess of the applicable cap on interest depending on the nature of the dispute.
The interest is 4 per cent per annum in civil matters and 5 per cent per annum in commercial matters. However, the parties may agree upon another rate of interest either in the event of delay in effecting payment or in any other case in which interest has been stipulated, provided that it does not exceed 7 per cent. A creditor may demand damages in addition to interest if he or she establishes that a loss, in excess of the interest, was owing to bad faith on the part of the debtor.
According to article 50(3) of the Commercial Code, in case of commercial loans or cost incurred by a merchant in favour of its customer, the merchant may claim interest at the rate applicable by the Central Bank. Such rate is currently 11.75 per cent per annum.
Finally, interest on banking loans and transactions with bank customers are determined by virtue of party autonomy without being subject to any maximum statutory rate.