International Construction Law Review
STEPS FORWARD IN EGYPTIAN ARBITRATION LAW1
MARIAM M EL-AWA
B Sc, M Sc, FCIArb, Member, El-Awa Law Firm, Cairo, Egypt
“In his conduct of the arbitration … the international arbitrator of today must show proof of a comparative or a comparatist mind, open to legal pluralism, to various cultures and various political and social systems.”2
1.INTRODUCTION
In a conversation the author held with one of the leading arbitrators in the UK, he expressed a number of serious doubts about the advancement of the Egyptian legal environment surrounding arbitration. He believed, from his experience, that Egyptian law was hostile to arbitration. The main concerns he emphasised were: the position of Islamic law concerning arbitration; arbitrability of administrative contracts; the finality of awards; and their enforcement.
In this article, I address these issues from the point of view of current Egyptian Arbitration Law (EAL), taking into account the latest Egyptian court judgments. Comparisons with other legal systems will be drawn as appropriate.
2.HISTORICAL OVERVIEW OF ARBITRATION LAW IN EGYPT
Arbitration in Egypt was subject to consecutive legislation since the early codifications in 1883. Each legislative development was influenced by religious, legal and sometimes political views of arbitration.
In 1994, Parliament enacted Law No 27/1994 concerning Arbitration in Civil and Commercial Matters. The strongest motivator for this legislation was the urgent need for an efficient economic reform. It was clear throughout the discussions held by the Committee3 on the Bill that the
1 This article is based on the dissertation submitted by the author in part fulfilment of an MSc degree in Construction Law and Arbitration, King’s College London, Centre of Construction Law, 2006.
2 Quoted by Alan Redfern and Martin Hunter, Law and Practice of International Commercial Arbitration (London: Sweet & Maxwell, 3rd ed., 1999), quoted in Abdul Hamid El-Ahdab, Arbitration with the Arab Countries, (The Hague: Kluwer Law International, 2nd ed., 1999), p. 2.
3 That is, the Committee formed of the members of the parliamentary committees for legislative and constitutional affairs and for economic affairs. The Committee was formed to review the proposed bill on arbitration.
[2009
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