If you have read our General Counsel’s Guide to Commercial Litigation, you know that the Egyptian legal system is a tiered hierarchy. But what happens if your judgment didn’t come from an Egyptian court at all?

A common scenario: A foreign investor wins a judgment in London or Dubai. They come to Cairo believing the battle is over. The Shock: To the Egyptian bailiff, that foreign judgment is just a piece of paper. It has no authority until it passes two hurdles: Legal Recognition (Exequatur) and Procedural Execution.

At Consortio Law Firm, we handle both. Below is the “Execution Reality” of how we turn a foreign verdict into money in the bank.

Part 1: The Legal Hurdle (Exequatur)

Before you can seize a single asset, the Egyptian court must “recognize” your foreign judgment. This requires filing a fresh lawsuit for an “Exequatur” (Order of Enforcement).

The “Reciprocity” Deal Breaker Under Article 296 of the Code of Civil Procedure, an Egyptian judge will only recognize a foreign judgment if the country where it was issued would enforce an Egyptian judgment.

  • The Risk: If you come from a jurisdiction that does not have a treaty with Egypt (like the US or UK), the court may refuse enforcement due to lack of reciprocity.

  • The Fix: If reciprocity is shaky, we may advise Re-Litigation—filing a new case in Egypt using your foreign judgment as strong evidence rather than a binding order.

Crucial Step: The “Chain of Authentication”

Before filing, your foreign judgment must be “Egyptianized.” Egyptian courts will not look at a document unless it completes this specific chain:

  1. Notarization: Notarized in the country of origin.

  2. Consular Legalization: Stamped by the Egyptian Consulate in the issuing country.

  3. MFA Authentication: Stamped by the Egyptian Ministry of Foreign Affairs in Cairo.

  4. Certified Translation: Translated into Arabic by a certified office and bearing the official “Eagle Stamp” (Khatm Al-Nesr).

Part 2: The Procedural Reality (The 5 Phases of Execution)

Once the court grants the Exequatur, the actual work begins. We move through five distinct phases to secure your funds:

Phase 1: Notification of the Judgment

You cannot surprise a debtor with a seizure. The law requires that the debtor be formally notified of the judgment.

  • The Trap: Notification must be delivered to the “person concerned”. If sent to a generic mailbox, the entire execution can be challenged.

Phase 2: Provisional Attachment (Hajz Tahafouzi)

If we suspect the debtor is liquidating assets to avoid paying you, we do not wait for the final execution. We file for Provisional Attachment.

  • What it does: It freezes movable assets (like inventory or bank funds) to protect your rights while the legal process finishes.

  • Condition: We must prove there is doubt about the debtor’s ability to pay or a likelihood they will dispose of assets.

Phase 3: The Executive Formula (Al-Saygha Al-Tanfiziyah)

Winning isn’t enough. We must obtain the Executive Formula—the official document stamped by the court that explicitly commands the authorities to use force if necessary to execute the ruling.

  • Action: This document must be served to the debtor before we can move to final execution.

Phase 4: Determining the Execution Method

How we collect depends on what the debtor owns. We categorize execution into three types:

  1. Assets in Debtor’s Possession: Seizing cash or goods physically located at their office.

  2. Assets in Third-Party Hands: Freezing bank accounts or money owed to the debtor by their clients.

  3. Real Estate Attachment: Seizing land or buildings. This is effective but slower.

Phase 5: The Client’s Role (Intelligence)

We are the lawyers, but you are the source of intel. For effective execution, you must provide us with specific data regarding the debtor’s assets.

  • What we need: Bank account details , lists of companies they deal with , their last known address , and details on any branch offices or warehouses.

Summary for Decision Makers

Enforcement in Egypt is not automatic; it is a process.

  1. Check Reciprocity: Before you sue abroad, ask us if that judgment will be enforceable in Egypt.

  2. Prepare the Docs: Ensure your judgment has the Egyptian Consulate Stamp before sending it to us.

  3. Provide Intel: The speed of collection often depends on how quickly you can tell us where the debtor banks.

Unsure whether to litigate or arbitrate? Compare the enforcement timelines in our guide: Dispute Resolution in Egypt: Litigation vs. Arbitration.