EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
be applied instead of the procedures stipulated in the Egyptian Procedural Code. The request for an execution order shall be sub- mitted to the court of first instance in the jurisdic- tion of the place where the execution is sought, by the usual proceedings for filing a lawsuit. An execution order may only be requested after ver- ifying the existence of the following conditions: • the courts of the Egyptian Arab Republic are not competent to adjudicate the subject mat- ter of the foreign judgment and the foreign court has jurisdiction over the subject matter according to its private international law; • the appearance, representation, and noti- fication procedures have been carried out properly; • the foreign judgment must have the force of res judicata according to the rules of the court issuing it; and • the judgment does not violate the public order in Egypt and does not violate a previ- ous judgment issued in Egypt on the same subject matter of the case. 10. Appeal 10.1 Levels of Appeal or Review to a Litigation Please see below the general rules for appealing court decisions in Egypt. • Partial Courts – have a subject matter juris- diction over claims whose value does not exceed EGP200,000, whereby their judgment is final if the value of the lawsuit does not exceed EGP30,000. The appeal here will be before the Courts of First Instance. • Courts of First Instance – have jurisdiction over all civil and commercial matters that are
not covered by the jurisdiction of the Partial Courts, and their judgment is final if the value of the claim does not exceed EGP200,000. They also have jurisdiction over claims with an undetermined value, and the appeal of these judgments shall be before the Court of Appeal. • Courts of Appeal – the judgments of these courts are final except in the event that the quantum of judgments exceeds EGP500,000, or pertain to claims with an undetermined value, in which case a cassation challenge shall be allowed. Please note that there are some exceptions to the above and there are also some other rules for appeal that apply as an exceptional route (ie, petition for a re- hearing). 10.2 Rules Concerning Appeals of Judgments An appeal may be filed by the losing party if the court of first instance did not grant any of their requests. The appeal transfers the case in its same state before the appealed judgment was issued; regarding the appealed issues only, the court must consider the appeal on the basis of the new evidence, and defences presented to it. The Court of Appeal considers both the law and the merits, however, it remains restricted to the requests filed before the Court of First Instance. Thus, new requests are not acceptable before the appeal stage. However, it is permitted at the appeal stage to request interests that are due after submitting the final requests before the court of first instance, and the additional compensations after submitting these requests. Likewise, while the subject matter of the case remains the same, it is permitted to modify its legal bases and to add to it. It must be noted that the court of appeal may award compensation if the appeal was maliciously filed.
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