EGYPT Law and Practice Contributed by: Amr A. Abbas, Ahmed Abdel Hakeem, Khaled Abou El Wafa and Adham Ahmed Saied, Matouk Bassiouny & Hennawy
Application Provisions The application of the above-mentioned require - ments and procedures is subject to the provisions of the relevant conventions and treaties to which Egypt is a party. However, if any of these requirements are absent but the applicant fears the loss of their right, the applicant may apply to obtain a precautionary seizure. In any case, the applicant will need to file a writ of enforcement within eight days of enforcing the precautionary seizure. Egypt joined the Al Riyadh Arab Convention for Judi - cial Cooperation of 6 April 1983. Egypt is also a signa - tory to certain enforcement conventions, such as the Arab League Convention of 1952 and the Hague Con - vention on the Service Abroad of Judicial and Extra - judicial Documents in Civil and Commercial Matters of 1965. In addition, Egypt is a signatory of a number of bilateral treaties concerning judicial enforcement (eg, with France and China), as well as the Legal and Judicial Co-Operation Agreement with the UAE. 3.2 Variations in Approach to Enforcement of Foreign Judgments Subject to the satisfaction of the conditions referred to in 3.1 Legal Issues Concerning Enforcement of Foreign Judgments , Egyptian law does not differenti - ate between the enforcement of domestic and foreign judgments. Therefore, all types of foreign judgments are subject to the same legal requirements and pro - cedures as domestic judgments. 3.3 Categories of Foreign Judgments Not Enforced Subject to the provisions of the relevant enforcement conventions or treaties to which Egypt is a party, Egyptian courts do not generally enforce any foreign judgment that is subject to an appeal in the country where the judgment was rendered. Also, the courts will not enforce a foreign judgment if the party or par - ties concerned was/were not duly notified and repre - sented in the proceedings. Moreover, Egyptian courts will not enforce foreign judgments that are in conflict with any prior judgment or order issued by the Egyptian courts, or that contain anything that contravenes public policy or morality.
On 10 June 2020, in a welcome response to the COV - ID-19 outbreak, the Court of Cassation announced the launch of a new electronic platform that contains a record of all challenges before the Court of Cassation, including the challenge number, status, hearing date, and other relevant data. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments The Civil and Commercial Procedures Law No 13 of 1968 regulates the recognition and enforcement pro - cedures of foreign judgments in Egypt. A party seek - ing the enforcement of a foreign judgment must obtain an exequatur. Foreign judgments can be enforced in accordance with the same requirements for the enforcement of domestic judgments. This general rule is subject to foreign judgment enforcement conven - tions and treaties to which Egypt is a signatory. A petition for the enforcement of foreign judgments should be filed before the competent court of first instance as per the normal procedures for the initiation of a lawsuit. The court will not render its enforcement order unless the following conditions are satisfied: • Egyptian courts have no jurisdiction over the dispute and the foreign court has jurisdiction to decide on the respective dispute; • the concerned parties are duly notified and repre - sented in the proceedings; • the relevant judgment is final as per the law of the court rendering the judgment; and • the judgment does not contradict any existing judgment or order rendered by any Egyptian court and is not in contravention of public policy or morality in Egypt. In addition, the court has to ensure that the country in which the judgment was rendered enforces judgments issued by Egyptian courts (reciprocity). The receipt of the enforcement order (an exequatur) is subject to the fulfilment of the recognition procedures under Egyp - tian law.
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