EGYPT Law and Practice Contributed by: Sherif El Hosseny, Malak El Amiry and Farida Degheidy, Matouk Bassiouny & Hennawy
the lease itself, so if the lease restricts such termina - tion, then such restrictions shall be complied with. There are no restrictions on the lessor re-exporting the aircraft. However, an export certificate of airworthi - ness needs to be obtained from the ECAA. There are no restrictions on the lessor selling the air - craft following termination, but it is important to note that the aircraft in this case shall be deregistered from Egyptian Register as a lease termination is considered a reason for deregistration under Egyptian law. The aircraft does not need to be physically located in Egypt at the time of any of the above actions taking place. 2.6.2 Lessor Taking Possession of the Aircraft Self-help remedies are not valid. A lessor can use the filed DPOA to repossess, dereg - ister and export an aircraft. A lessor can use a Cape Town Convention IDERA to repossess, deregister and export an aircraft. If a DPOA or IDERA is not used or its use was unsuc - cessful, then a court order will be needed – especially if the lessee is contesting the repossession of the air - craft. 2.6.3 Specific Courts for Aviation Disputes There are no specific courts that are competent to decide on aviation disputes. Nevertheless, if there is a dispute with a government authority or body, it shall be adjudicated before the State Council. 2.6.4 Summary Judgment or Other Relief A lessor can obtain a summary judgment or other injunctive relief. However, in practice, injunctions are rarely issued and are often challenged by the other party. There are no special requirements or conditions. If such a court order is rendered, it is usually for a short period of time. 2.6.5 Domestic Courts’ Approach to Foreign Laws and Judgments Domestic courts would uphold:
• foreign law as the governing law of an aircraft lease; • the submission to a foreign jurisdiction; and • a waiver of immunity by the parties of such a lease, provided that if the party issuing the waiver of immunity is a government authority or body, con - sent for such waiver of immunity shall be provided. 2.6.6 Domestic Courts’ Recognition of Foreign Judgments/Awards Enforcing Foreign Judgments in Egypt To enforce a foreign judgment a party must obtain an exequatur. To apply for an exequatur the normal pro - cedures for initiating a lawsuit must be satisfied and the following conditions must be met: • Reciprocity – the country in which the judgment was obtained (the “foreign court”) enforces judg - ments obtained in the courts of Egypt. If such reciprocal treatment is not offered by the foreign court, the Egyptian courts will re-examine the mer - its of the case in the same manner as that adopted by the foreign court. • Competence of the foreign court rendering the judgment – the courts of Egypt are not exclusively competent to hear the dispute which constituted the object of the foreign judgment and the foreign court is shown to have been competent to hear the dispute in accordance with the laws applicable to it. • Due process – the parties to the dispute were duly notified and properly represented in the proceed - ings (ie, not in contravention of the rules of natural justice). Thus, Egyptian courts will not recognise an English default judgment and a full trial must have been conducted. • Final judgment – the judgment of the foreign court is final, non-appealable and conclusive in accord - ance with the relevant law. • Conflict – the judgment of the foreign court does not conflict with a prior Egyptian judgment on the same subject matter and is not contrary to public order. The authors are not aware of any treaty between Egypt and the United Kingdom or the United States or of an Egyptian court decision which was enforced by the courts of the United Kingdom or the United States,
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