EGYPT 1

Court of Appeal, Cairo, 28 January 2004

International Trade Corporation v. V/O Stankoimport

28 - 01 - 2004

EGYPT 1

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLV (2020)
Jurisdiction Egypt
Original full text Full text decision EGYPT 1
Summary

Egypt No. 1. International Trade Corporation (nationality not indicated) v. V/O Stankoimport (nationality not indicated), Court of Appeal, Cairo, 41&15 / JY 120, 28 January 2004

Related topics
301

The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.

Procedure for enforcement in general
507

Invalidity of the arbitration agreement: The court discusses other cases of invalidity of the arbitration agreement, including that there was no agreement at all or that the party was not a signatory thereto, that the incorrect arbitral institution was chosen, etc.

Miscellaneous cases regarding the arbitration agreement
508 Ground b: Violation of due process in general
513 Ground d: Irregularity in the composition of the arbitral tribunal or arbitral procedure
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
EGYPT 1