If you ask a standard lawyer about litigation in Egypt, they will quote the Civil Code. If you ask a General Counsel who has actually managed a dispute here, they will talk about three things: “The Expert Office,” “The Notification Loop,” and the “Execution Problems.”
At Consortio Law Firm, we focus on Execution Reality. The Egyptian legal system is robust, but it is procedural. For foreign investors, the danger is not usually a “biased judge”—it is a system that allows procedural delays to bleed a case dry.
This guide maps the actual terrain of commercial disputes in Egypt, from the specialized “Economic Courts” designed for investors to the reality of getting paid after you win.
The Hierarchy: Where Your Case Lives
Understanding the venue is 50% of the strategy. The Egyptian court system is tiered, meaning every substantial case essentially gets tried twice.
1. Primary Courts (First Instance)
This is where the battle begins. Primary courts handle the initial hearing and decision-making for civil and commercial matters.
The Risk: These courts handle a massive volume of cases. If your dispute is lumped in with standard civil claims, it moves slowly.
2. Courts of Appeal (Second Instance)
This is not just a “review” of the law; it is often a “do-over.” The Courts of Appeal review the decisions made by the primary courts.
Crucial for enforcement: In Egypt, you generally cannot enforce a judgment to seize assets until you win at this stage.
3. Court of Cassation (The Supreme Court)
The highest court in Egypt. It does not re-examine the facts of the dispute. Its sole job is to ensure the lower courts applied the law correctly.
Strategy Note: Going to Cassation does not stop the execution of the Appeal Court’s judgment unless a specific “Stay of Execution” is granted—which is rare.
The Investor’s Advantage: The Economic Courts
If you are a foreign investor, you likely want to avoid the ordinary civil courts. You want to be in the Economic Courts.
Established under Law No. 120 of 2008, these are specialized courts designed to handle commercial and economic disputes more efficiently.
Jurisdiction: They have exclusive jurisdiction over banking, bankruptcy, IP, and shareholder disputes.
The Difference: The judges are specialized in commercial law, and the procedural timelines are tighter than the standard civil circuits.
The “Black Box” of Timeline: The Expert Office
Clients always ask: “How long will this case take?” The honest answer is: “It depends on the Expert.”
Egyptian courts often rely on “Expert Testimony” for financial, technical, or accounting issues.
The Process: The judge pauses the case and refers the file to the Ministry of Justice’s “Expert Office.” An appointed accountant or engineer reviews the documents and interviews the parties.
The Delay: This phase is the biggest variable. It makes it impossible to accurately assume when a trial will end.
Our Role: We do not just wait. We prepare “Shadow Reports”—our own technical analysis submitted to the Expert to guide their findings in your favor.
Interim Measures: Freezing the Assets
Can you stop a debtor from draining their accounts while the lawsuit is pending? Yes, via a Precautionary Seizure.
The plaintiff may request the court to issue a seizure order on the defendant’s bank accounts.
The Reality Check: This is not automatic. It is subject to the full discretionary power of the court and cannot be guaranteed. You must prove that waiting for a final judgment would cause “irreparable harm”.
Summary Courts: For urgent matters requiring immediate attention, we utilize Summary Courts, which follow expedited procedures to provide interim relief.
Execution: The Final Mile
Winning the lawsuit is not the same as getting paid. Execution of judgments typically begins once the judgment is final (issued by the Court of Appeal).
The Writ of Execution: We obtain the official executive wording (Al-Saygha Al-Tanfiziyah).
The Bailiff: The file moves to the Execution Department.
The Seizure: We identify the assets (Bank Accounts, Real Estate, Movables) and petition the bailiff to seize them.
Strategy Summary for General Counsels
Know Your Venue: You cannot ‘opt-in’ to the Economic Courts—jurisdiction is determined strictly by the subject matter (e.g., Banking, IP, Bankruptcy). Determine now if your sector falls under Law 120/2008; if not, prepare for the timeline of the ordinary Civil Courts.
Document Prep: Egyptian courts are document-heavy. Start gathering authenticated evidence now.
Patience Budget: Plan for the “Expert Office” delay.
Before you get to litigation, ensure your corporate structure is solid. Read our Ultimate Guide to Company Formation in Egypt.
