EGYPT Law and Practice Contributed by: Ahmed Kotb, Mohamed Ehab, Mohamed Sameh and Yasmine ElSakka, Khodeir & Partners
timeframes (Article 30). Amendments or supplements to these submissions are permitted (Article 32). The tribunal may hold hearings or decide cases solely based on documents unless the parties decide other - wise. Hearing notices must be given in advance, and minutes are recorded in a procès-verbal . Witnesses and experts may be heard and examined, though tes - timony is not given under oath (Article 33). If the claimant fails to submit its statement without suf - ficient cause, the tribunal may terminate the proceed - ings. Conversely, if the respondent does not submit a defence, the tribunal proceeds without interpreting this as an admission of the claimant’s claims (Article 34). Should a party fail to appear or produce request - ed documents, the tribunal may continue and decide based on the evidence available (Article 35). Finally, the award must be rendered within the period agreed by the parties or, if no agreement exists, within 12 months from the start of proceedings, extendable by six months unless otherwise agreed (Article 45). 7.3 Powers and Duties of Arbitrators Arbitrators in Egypt must carry out their duties with strict impartiality and independence, as emphasised under the EAL (see 4.5 Arbitrator Requirements ). Their powers are broad and essential for managing arbitration effectively. These include the authority to order interim and conservatory measures, provided the parties have granted such powers, and to issue interim or partial awards. Arbitrators have the com - petence to decide on their own jurisdiction and to determine procedural rules when the parties have not agreed on them. They may also appoint experts to assist with fact-find - ing or technical issues, assess and admit evidence, and weigh its probative value. Additionally, with the parties’ consent, arbitrators can act as amiables com- positeurs , deciding the dispute based on principles of equity rather than strict legal rules. In the absence of agreement, arbitrators decide the seat of arbitration and may convene hearings or meet -
ings wherever they deem appropriate to facilitate the proceedings. One important limitation is that arbitrators do not have jurisdiction to decide challenges relating to for - gery of submitted documents – this remains within the exclusive competence of national courts, which handle such matters through criminal proceedings (Article 46). 7.4 Legal Representatives Article 3 of the Egyptian Advocacy Law (No. 17 of 1983) explicitly reserves advocacy work, including representation before arbitral tribunals, to lawyers admitted to the Egyptian Bar Association, thereby prohibiting non-lawyers from performing such roles. However, the Court of Cassation, in a landmark ruling dated 27 October 2020 (Challenge No. 18309 of JY 89), held that there are no restrictions on who may represent parties in arbitration proceedings seated in Egypt. It confirmed that parties, whether in domestic or international arbitration, may choose any represent - ative they wish – regardless of nationality or profes - sional qualification. 8. Evidence 8.1 Collection and Submission of Evidence In practice, parties typically support their written sub - missions with relevant evidence. The Egyptian Evi - dence Law (No. 25 of 1968) generally governs evi - dentiary matters in arbitration. Additionally, subject to party agreement, tribunals apply the IBA Rules on the Taking of Evidence in International Arbitration to guide evidentiary processes. Arbitral tribunals enjoy broad discretion to admit, eval - uate and weigh evidence presented. They may also modify or revoke evidentiary procedures they have previously ordered and decide on requests related to evidence without prejudicing the parties’ rights of defence. The forms of evidence commonly admitted include documentary evidence, witness statements, expert reports and tribunal-ordered site inspections. While fact witnesses and experts may be examined and cross-examined during hearings, witness testi -
195 CHAMBERS.COM
Powered by FlippingBook