If you hold a court judgment from London, enforcing it in Egypt is a gamble on “reciprocity.” If you hold an Arbitral Award from London, enforcing it in Egypt is a treaty obligation.
Egypt is a signatory to the 1958 New York Convention (Presidential Decree No. 171 of 1959). This means Egyptian courts are legally bound to recognize and enforce foreign arbitral awards, with very limited exceptions.
At Consortio, we leverage this treaty to fast-track collection. Here is the “Execution Reality” of turning your award into cash.
The “Direct Line” to the Appeal Court
Unlike a foreign court judgment (which starts in a lower court), a foreign arbitral award goes straight to the top.
Competent Authority: You file your request for Exequatur directly with the Cairo Court of Appeal (Commercial Circuit), as per Article 9 of the Arbitration Law.
The Benefit: This bypasses the entire First Instance stage, saving you 12-18 months of litigation procedural delays.
The Paperwork: The “Chain of Authentication”
Before the Cairo Court of Appeal accepts your file, your documents must be “Egyptianized.” You cannot simply submit a PDF of the award.
The Mandatory Checklist:
The Original Award: Or a certified copy.
The Arbitration Agreement: The contract clause showing you agreed to arbitrate.
The Authentication Chain:
Step 1: Notarized in the country of origin.
Step 2: Legalized by the Egyptian Consulate in that country.
Step 3: Authenticated by the Ministry of Foreign Affairs (MFA) in Cairo.
Translation: All foreign documents must be translated into Arabic by a certified office and bear the official “Eagle Stamp” (Khatm Al-Nesr).
Consortio Insight: We often see clients stuck for months because they forgot to get the Egyptian Consulate stamp before mailing the documents to Cairo. The Egyptian courts will not consider any foreign document without this stamp.
The Defense: When Can They Say “No”? (Article 5)
The Egyptian judge cannot review the “merits” of your case. They cannot say, “I think the arbitrator was wrong about the facts.”
However, under Article 5 of the New York Convention, the debtor can block enforcement if they prove one of the following:
Incapacity: One of the parties was legally incapacitated (e.g., a minor or unauthorized signatory).
Lack of Notice: The debtor was not properly notified of the appointment of the arbitrator or the proceedings.
Scope Creep: The award deals with a dispute not contemplated by the arbitration clause.
Bad Composition: The tribunal was not formed according to the agreement (e.g., you used 3 arbitrators when the contract said 1).
Not Final: The award has been set aside (annulled) by a court in the country where it was made.
The “Public Policy” Trap
Even if none of the above apply, the Egyptian court can sua sponte (on its own) refuse enforcement if the award violates Egyptian Public Policy.
Common Example: An award that includes compound interest (usury) or gambling debts.
Our Strategy: If your award includes interest that might offend Egyptian law, we petition the court to enforce the principal amount and sever the interest, saving the bulk of the award.
Summary for Decision Makers
Arbitration is the superior vehicle for recovering funds in Egypt, but it requires procedural precision.
Don’t wait: The statute of limitations for enforcement can be tricky.
Authenticate early: The “Consulate Stamp” is your ticket in.
To understand the broader legal framework behind these rules, read our Pillar Guide: Arbitration in Egypt: A Foreign Investor’s Guide.
