- Why Egypt?
- Legal System
- ICT Governance
- Soliman, Hashish & Partners
This guide is prepared by:
Judicial Dispute Resolutions
The Egyptian judicial system draws a distinction between constitutional matters, civil and commercial matters, economic matters and administrative matters as follows:
The constitutional matters shall be handled by the Supreme Constitutional Court that have jurisdiction over cases of the constitutionality of legislation, conflicts of competence between judicial courts and/or authorities, conflicts between two or more than two unappealable judgements and interpretation of application of law. The Supreme Constitutional Court is an independent judiciary body organized by virtue of Law No. 48 of 1979.
Civil and commercial matters
The civil and commercial matters shall be handled by the ordinary court system which is governed by virtue of the Civil and Commercial Code of Procedure No 13 of 1990. According to the Civil and Commercial Code of Procedure, the ordinary court system contains the following main courts:
Court of Cassation:
The Court of Cassation is the highest court in the ordinary court system. In this regard, the Court of Cassation was designated for the purpose of creating a central tool of unifying interpretation and application of law, which shall be binding on lower courts.
The Court of Cassation shall have jurisdiction basically over challenges of judgements taken by lower courts brought thereto by opponent or the public prosecution.
Court of Appeal:
The Court of Appeal shall have jurisdiction basically over appeals lodged by opponent against judgements of lower courts which are the Court of First Instance and the Court of Limited Jurisdiction. In some specific cases, the Court of Appeal acts as a first instance court.
The economic matters shall be handled by the Economic Courts that are modern specialized courts established, by virtue of the provisions of the Economic Courts Law No. 120 of 2008. In this regard, the Economic Courts shall also have jurisdiction over the economic crimes set forth under certain laws such as the Investment Law, Capital Market Law, Anti-dumping Law, the IPR Law, Consumer Protection Law, Antitrust Law, Banks Law, Telecoms Law and E-signature Law. Furthermore, the Economic Courts shall also have jurisdiction over any lawsuit with a value does not exceed five (5) million Egyptian pounds arising from the application of certain laws including but not limited to the Economic Laws and the Trade Code only with respect to technology transfer, commercial agency, banks, bankruptcy and defensive magistrates.
The administrative matters shall be handled by the Council of State which is organized by Law No. 47 of 1972. By virtue of article 10 of the Council of State Law No. 47 of 1972 as amended, individuals or entities may challenge against any conclusive decisions for the rescission thereof according to the following bases of challenge:
- the conclusive decision challenged would be in violation of laws or regulations;
- defective in form; or
- erroneous application.
Extrajudicial Dispute Resolutions
Egypt has acceded to the New York Convention of 1958 on Recognition and Enforcement of Foreign Arbitral Awards in 1959. In this regard, Egypt has made no reservation to this convention. However, the Arbitration Law No. 27 of 1994 expressly stipulates that arbitration awards are enforceable in Egypt. However, international arbitration awards must be enforced through the Court of Appeal of Cairo providing that such arbitration awards do not (i) contravene the Egyptian public order or morality, and/or (ii) deal with real rights over immovable properties located in Egypt, personal status and/or criminal issues.
Egypt is also a contracting state in more than one hundred bilateral investment treaties as well as the International Convention for the Settlement of Investment Disputes Convention which was approved by the Parliament in accordance with the provision of Law No. 90 of 1971.