EGYPT Law and Practice Contributed by: Amr A Abbas, Ahmed Abdel Hakeem, Khaled Abou El Wafa and Adham Ahmed Saied, Matouk Bassiouny & Hennawy
1. Identifying Assets in the Jurisdiction 1.1 Options to Identify Another Party’s Asset Position There are a number of public registers that might help identify a defendant’s assets, including the Real Estate Register’s Office for the identification of immovables and the Commercial Register for the identification of commercial companies. A company’s entry in the Commercial Register shows material information about the company, such as: • the existence of any liens on its assets; and • whether the company is subject to bankruptcy proceedings. In addition, if the defendant is a listed company on the Egyptian stock exchange, it might be possible to identify its assets from its disclosures and financial statements. Egyptian law also obliges banks to dis - close the financial position of debtors subject to the fulfilment of certain judicial procedures. • its headquarters; • board members; Moreover, the Central Depository and Registry Law of Financial Instruments creates a centralised system that keeps records of all shares, including the names of owners and transactions that take place with those shares. Thus, it can be used to determine the defend - ant’s ownership of shares and financial instruments. Egyptian law permits the issuance of different types of domestic judgments, subject to the nature and juris - diction of the competent courts (ie, civil or criminal courts). Egyptian jurisprudence advances the follow - ing categorisations of judgments. Categorisation Based on Finality of Judgments A final judgment puts an end to the whole dispute, a part thereof, or a secondary matter in response to the parties’ pleas (eg, lack of jurisdiction). These judg - ments have a res judicata effect that prevents the liti - gating parties from filing another action for the same 2. Domestic Judgments 2.1 Types of Domestic Judgments
matter. However, these judgments might still be sub - ject to appeal. Non-final judgments do not settle the dispute and do not provide a final opinion in a particular matter. They include judgments referring the matter to an expert for financial or technical investigations or inspection. An interim judgment does not end the dispute wholly or partially. Instead, it is a provisional judgment that might be changed later, subject to the surrounding circumstances. Thus, for instance, a provisional judg - ment might be issued declaring the right of a party to possess a specific property pending a final judgment on the ownership of the same property. Categorisation Based on Content of Judgments A judgment on the merits decides on the merits of the dispute, whether wholly or partially. It determines, declares, or confirms the existence or non-existence of a specific right or legal position (or any amendment thereof). A procedural judgment decides on procedural issues that arise during the dispute – for example, the juris - diction of the court, adjoining the case to another, or suspending the case. In addition, there are other categorisations of judg - ments as to whether: • a judgment is subject to an appeal; • a judgment is declaratory, constitutive or compul - sory; and • a judgment has res judicata status or is self-exe - cuting. A judgment could also be issued “in the presence” if the defendant attended the hearing, was notified in person or submitted a memorandum in response to the statement of claims. Conversely, a judgment in absentia is where the defendant did not attend the hearing, was not notified and did not submit a memo - randum in response to the statement of claims. 2.2 Enforcement of Domestic Judgments The Civil and Commercial Procedures Law No 13 of 1968 regulates the enforcement procedures for
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