Court Decisions

The court decisions available on this website interpret and apply the New York Convention. These court decisions are in most cases published in the Yearbook Commercial Arbitration since its Volume I (1976). 

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The court decisions available on this website interpret and apply the New York Convention.

  1. Most decisions are reported in the Yearbook Commercial Arbitration, published by ICCA since 1976, and are numbered as in the Yearbook (e.g., US no. 954).

  2. Other decisions are indicated by country, date, and a short name (e.g., UK 18 June 2020 Alexander Brothers).

Court decisions can be searched by country and by topic.

Court Decisions

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  • Excerpt Topics
    EGYPT 8

    Commentary by Khaled Elgarhe, Chief Legal Counsel, Qatar International Center for Conciliation and Arbitration (QICCA)

    In a decision rendered in annulment proceedings, the Court stressed that the grounds for setting aside arbitral awards, set out in Art. 53 of the Egyptian Arbitration Law, closely reflect the grounds for refusing enforcement listed in the New York Convention. The Court also set out several important principles applicable to arbitration in Egypt, such as that the current Arbitration Law allows parties to represent themselves in arbitration proceedings, or to be represented by non-lawyers – which includes foreign counsel, who are not members of the Egyptian Bar and therefore are not considered lawyers; that the rules concerning party representation before an arbitral tribunal do not relate to public policy; and that the seat of arbitration is an abstraction, independent of the actual venue of the hearings, which can be agreed to be held elsewhere.

    Court of Cassation, 27 October 2020, No. 18309/2020

    (Parties not indicated)

    204

    The court discusses whether the definition of what constitutes an “arbitration agreement in writing” in the sense of the Convention is an internationally uniform rule prevailing over domestic law, and whether this uniform rule sets a maximum or a minimum requirement for the formal validity of the arbitration agreement.

    Formal validity and municipal law
  • Excerpt Topics
    EGYPT 7

    Egypt No. 7. Foshan Boyida Textile (PR China) v. (1) Egypt Care (Egypt) and (2) Representative of Egypt Care (Egypt) , Court of Appeal, Cairo, 31 / JY 133, 7 February 2016

    Court of Appeal, Cairo, 7 February 2016

    Foshan Boyida Textile v. Egypt Care et al.

    504 Paragraph 1 - Ground a: Invalidity of the arbitration agreement - Agreement referred to in Art. II
    EGYPT 6

    Egypt No. 6. Damietta International Ports Company (Egypt) v. (1) Arab Contractors Company (Egypt) and (2) Archirodon Company (Panama), Court of Appeal, Cairo, 9 / JY 132, 3 February 2016

    Court of Appeal, Cairo, 3 February 2016

    Damietta International Ports Company v. Arab Contractors Company et al.

    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
    502

    The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

    No re-examination of the merits of the arbitral award
    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
  • Excerpt Topics
    EGYPT 5

    Egypt No. 5. Oakley Fertilizer, Inc. (nationality not indicated) v. Not indicated, Court of Appeal, Cairo, 14/ JY 130, 6 May 2014

    Court of Appeal, Cairo, 6 May 2014

    Oakley Fertilizer, Inc. v. Not indicated

    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
  • Excerpt Topics
    EGYPT 4

    Egypt No. 4. (1) Engineering Industries Company (nationality not indicated) and (2) Sobhi A. Farid Institute (nationality not indicated) v. (1) Roadstar Management (nationality not indicated) and (2) Roadstar International (nationality not indicated), Court of Cassation of Egypt, 1042 / JY 73, 28 March 2011

    Court of Cassation, 28 March 2011

    Engineering Industries Company (nationality not indicated) et al.
    v. Roadstar Management et al.
       

    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"
    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

    Other cases
  • Excerpt Topics
    EGYPT 3

    Egypt No. 3. Misr Foreign Trade (nationality not indicated) v. R.D Harboties (Mercantile) (nationality not indicated), Court of Cassation of Egypt, 2010 / JY 64, 22 January 2008

    Court of Cassation, 22 January 2008

    Misr Foreign Trade v. R.D Harboties (Mercantile)

    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
    514 Ground e: Award not binding, suspended or set aside - "Binding"
    524

    Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.

    Other cases
  • Excerpt Topics
    EGYPT 2

    Egypt No. 2. Cimenco Egypt (nationality not indicated) v. Defendant: Nickelson Industrial Co. (nationality not indicated), Court of Appeal, Cairo, 43 / JY 122, 27 February 2007

    Court of Appeal, Cairo, 27 February 2007

    Cimenco Egypt v. Nickelson Industrial Co.

    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
  • Excerpt Topics
    EGYPT 1

    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

    Court of Appeal, Cairo, 28 January 2004

    International Trade Corporation v. V/O Stankoimport

    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"