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Commercial Arbitration

Commercial Arbitration

25

· Commercial Arbitration

Arbitration in Real Estate Development Contracts

The Egyptian market is witnessing an unprecedented boom in national projects and smart cities, which has made arbitration in real estate development contracts a strategic option for resolving disputes between developers, contractors, and investors. Arbitration provides speed, flexibility, and confidentiality suited to the complex and high-value nature of these projects, away from the delays of […]

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Commercial Arbitration

26

· Commercial Arbitration

Executive Attachment Based on an Arbitral Award

The stage of enforcing arbitral awards is the true test of the effectiveness of the arbitration process as a whole; the practical value of a final arbitral instrument is not complete unless it is converted into actual recovery of financial rights. Within this framework, executive attachment based on an arbitral award constitutes one of the […]

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Commercial Arbitration

27

· Commercial Arbitration

Effect of the Award Debtor’s Bankruptcy on the Enforcement of an Arbitral Award

Obtaining an arbitral award in favor of your company is a decisive step in resolving commercial disputes; however, the real challenge arises when moving to the enforcement stage, particularly when considering the effect of the award debtor’s bankruptcy on the enforcement of an arbitral award. For multinational companies, foreign investors, and shipping companies operating in […]

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Commercial Arbitration

28

· Commercial Arbitration

Enforcement of Arbitral Awards Against Public Authorities

Enforcement of arbitral awards against public authorities represents one of the most legally and practically complex challenges facing local investors and foreign companies in Egypt; it involves an intersection between the rules of international commercial arbitration, public law frameworks, and the concept of sovereign immunity applicable to funds and liquidity owned by the State. Obtaining […]

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Commercial Arbitration

29

· Commercial Arbitration

The New York Convention and Enforcement of Foreign Arbitral Awards

The New York Convention and Enforcement of Foreign Arbitral Awards is the cornerstone of the international trade and cross-border investment framework; it ensures that investors and companies can have arbitral awards rendered in one State recognized and enforced in another State with flexibility and effectiveness. For foreign investors, multinational companies, shipping, import and export companies, […]

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Commercial Arbitration

30

· Commercial Arbitration

The New York Convention and Enforcement of Foreign Arbitral Awards

The New York Convention and Enforcement of Foreign Arbitral Awards constitutes the cornerstone of the international trade and cross-border investment framework, as it enables investors and companies to have arbitral awards rendered in one state recognized and enforced in another state with flexibility and effectiveness. For foreign investors, multinational companies, shipping, import and export companies, […]

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Commercial Arbitration

31

· Commercial Arbitration

Enforcement of an Arbitral Award Despite the Filing of an Annulment Action

Following the issuance of a commercial arbitral award, companies and investors face a critical stage concerning how to recover the rights established by the award without delay. This raises the legal question, with even greater commercial significance, of whether it is possible to enforce an arbitral award despite the filing of an annulment action by […]

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Commercial Arbitration

32

· Commercial Arbitration

Enforcement of Foreign Arbitral Awards in Egypt

The stage of enforcing foreign arbitral awards in Egypt is the pivotal point that transforms a legal dispute from a merely theoretical victory issued by an international arbitral tribunal into tangible financial or commercial value. For multinational companies, shipping companies, and foreign investors, the issuance of an arbitral award in London, Paris, or Dubai does […]

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Commercial Arbitration

33

· Commercial Arbitration

Public Policy as a Ground for Refusing Enforcement of an Arbitral Award

The plea of violation of public policy as a ground for refusing enforcement of an arbitral award constitutes the final and most serious obstacle facing successful parties in arbitration when commencing enforcement proceedings within the Arab Republic of Egypt. Although international commercial arbitration provides companies with a swift and decisive means of resolving disputes, foreign […]

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Commercial Arbitration

34

· Commercial Arbitration

Distinguishing Between a Foreign Judgment and an International Arbitral Award

Distinguishing between a foreign judgment and an international arbitral award constitutes a cornerstone of cross-border enforcement strategies and investment protection, as the legal and procedural mechanisms prescribed for the recognition and enforcement of each within the Arab Republic of Egypt differ fundamentally. Confusing the judicial nature of a foreign court judgment with the contractual nature […]

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Commercial Arbitration

35

· Commercial Arbitration

The New York Convention and the Enforcement of Foreign Arbitral Awards

The New York Convention and the Enforcement of Foreign Arbitral Awards constitute the cornerstone of the international trade and cross-border investment framework; they enable investors and companies to obtain recognition of arbitral awards issued in one state and enforce them in another with flexibility and effectiveness. For foreign investors, multinational companies, shipping, import and export […]

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Commercial Arbitration

36

· Commercial Arbitration

The Court Competent to Issue an Order for the Enforcement of an Arbitral Award

Determining the court competent to issue an order for the enforcement of an arbitral award represents the decisive procedural step in moving from merely obtaining an arbitral instrument in your favor to the practical recovery of rights. Jurisdiction in proceedings for affixing the executory formula is a matter of significant importance to both local companies […]

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