EGYPT Law and Practice Contributed by: Ahmed Kotb, Mohamed Ehab, Mohamed Sameh and Yasmine ElSakka, Khodeir & Partners
estate development, construction, tourism and hos - pitality, international sale of goods, healthcare, oil and gas, media and public works. While construction disputes have traditionally domi - nated CRCICA’s caseload – comprising nearly 40% of cases in 2023 – a significant shift occurred in 2024, with construction matters falling to just 10.5% of the total cases. For the first time since 2019, construction was no longer the leading sector. In contrast, retail disputes rose sharply, constituting 22% of CRCICA’s caseload, followed by real estate development (12%), tourism and hospitality (6.5%), and other sectors such as international sale of goods, healthcare, and oil and gas (each at approximately 5%). In sum, Egypt’s international arbitration landscape is no longer dominated by a single industry. Instead, the data reflects a more sectorally diverse arbitration environment, consistent with the country’s expanding economy and the increasing use of arbitration across The most commonly used and leading arbitral insti - tution in Egypt is CRCICA, an independent, non- profit international organisation established in 1979. CRCICA administers both domestic and international arbitration disputes and offers a variety of alternative dispute resolution mechanisms, including mediation, conciliation and arbitration. It is the principal arbitral forum of choice in Egypt and is frequently selected in contracts involving parties across the Middle East, Africa and Europe. CRCICA’s procedural rules are based on the UNCI - TRAL Arbitration Rules and are regularly updated to reflect international best practices. Its most recent set of Arbitration Rules came into effect on 15 January 2024, superseding the 2011 version. CRCICA also maintains Mediation Rules (2013), issued in Arabic and English, and Dispute Board Rules (2021), avail - able in Arabic, English and French. In addition to case administration, CRCICA actively promotes arbitration in the region by organising conferences, workshops and training programmes in collaboration with leading arbitration practitioners from Egypt and abroad. a range of commercial fields. 1.3 Arbitration Institutions
In the context of disputes involving public entities, parties sometimes submit claims to the Ministry of Justice Arbitration Body, particularly when the dispute involves government authorities. While not a standing arbitral institution, this body acts as an ad hoc dispute resolution forum in specific cases. Its legitimacy has been affirmed by Egyptian courts, including the High Administrative Court in Case No. 77169 of JY 69 (26 January 2025), which confirmed the binding nature of arbitral awards issued under this framework. In addition to CRCICA, Egypt is home to another specialised arbitral institution: the Egyptian Center for Arbitration and Settlement of Non-Banking Finan - cial Disputes (ECAS). Established in 2019 within the Financial Regulatory Authority by virtue of Presiden - tial Decree No. 335 of 2019, ECAS operates as an independent body focused on resolving disputes in the non-banking financial sector. Its statutes, as well as its arbitration and mediation rules, were formally issued by Prime Ministerial Decree No. 2597 of 2020. ECAS was designed to enhance investor confidence and regulatory oversight in areas such as capital mar - kets, insurance and microfinance, although it has a narrower sectoral scope compared to CRCICA. 1.4 National Courts Pursuant to Article 9 of the EAL, the competent court for arbitration disputes is generally the court having original jurisdiction over the subject matter of the dis - pute. For international arbitration, whether conducted within Egypt or abroad, the Cairo Court of Appeal is recognised as the primary competent judicial author - ity, unless the parties have agreed to another appel - late court. This Court of Appeal handles key judicial interventions including challenges to arbitral awards, applications for interim measures, and enforcement proceedings, thereby playing a central role in the judi - cial oversight of arbitration. In addition to the Cairo Court of Appeal, Egypt’s Court of Cassation – the highest civil court – exer - cises supervisory jurisdiction over arbitration-related judgments. Its role is to ensure a uniform and consist - ent interpretation and application of arbitration law, thereby harmonising judicial practice across all courts handling arbitration matters.
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