EGYPT Law and Practice Contributed by: Mohamed Osama, Hana Elbarbary and Hamza Shehata, Shehata & Partners
The Egyptian Sports Settlement and Arbitration Centre
approve the mediation trial, then a substantive hearing shall be scheduled before the compe- tent court. Furthermore, the Procedural Code establishes a committee that shall reconcile between the disputing parties. If the parties fail to reach an agreement, then the claim shall be referred to the competent court in order to be heard. Additionally, Law No 7 of 2000 establishes Con- ciliation Committees with the aim of conciliating certain civil, commercial, and administrative dis- putes in which ministries and public legal per- sons are involved. 12.3 ADR Institutions There are a few notable ADR institutions in Egypt, including the following. CRCICA CRCICA is an independent, non-profit interna- tional organisation established in 1979 by virtue of an international agreement signed between the Egyptian government and the Asian Afri- can Legal Consultative Organisation (AALCO), approved by Egyptian Presidential Decree No 399/1987. Thus, CRCICA is recognised as an international organisation enjoying institutional privileges and immunities and most importantly is fully independent of its host state (Egypt), which ensures its independent functioning and full financial autonomy. The ECAS The ECAS was established by virtue of the Presidential Decree No 335 of 2019, enjoying its own legal personality. It aims to facilitate the settlement of non-banking financial disputes by means of arbitration, mediation and conciliation.
The Egyptian Sports Settlement and Arbitration Centre was established by virtue of the Egyptian Sports Law No 71 of 2017. The centre has, how- ever, recently been cancelled due to its uncon- stitutionality. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration The conduct of arbitration in Egypt is regulated by the EAL. National arbitral awards are enforced in accordance with the provisions of the EAL. On the other hand, the recognition and enforcement of arbitral awards depends on their type. In that regard, foreign arbitral awards are governed by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the “New York Convention”). 13.2 Subject Matters Not Referred to Arbitration The EAL does not set out a specific list of non- arbitrable matters. It specifies, however, that arbitration is not permitted in matters which can- not be subject to compromise. In reference to the Egyptian Civil Code, com- promise is generally not allowed in matters per- taining to personal status (ie, marriage, divorce, and inheritance) or public policy. It is, however, allowed in financial interests resulting from a per- sonal status or committing a crime. Public policy is a broad and elastic term. On that note, the Egyptian courts have consid- ered the following examples: • criminal matters are non-arbitrable;
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