and Settlement Non-Banking Financial Disputes
ECAS
Questions about Arbitrators and Mediators
To review the required conditions for registration in the list of arbitrators/mediators. Please press on the following link.
The applicant should follow the instructions mentioned in the link below.
Yes, the prospective arbitrator or mediator shall sign on the code of ethics and non- conflict of interest rules.
Questions about Arbitration Proceedings
The arbitration proceedings initiate upon the agreement of the parties to settle their arising disputes by the center, as the claimant shall submit the notice of arbitration to the center after paying the registration fees by which the later shall notify the other party (the respondent) upon receiving it.
The arbitral proceedings shall commence on the date on which the other party receives the notice of arbitration.
The applicant can submit the notice of arbitration to the center manually or electronically through the electronic platform, if the parties wish to follow the electronic method, then they should specify /indicate/determine an electronic address to be notified through.
The respondent shall file a response to the notice of arbitration Within 30 days of the receipt of the notice of arbitration.
Yes, the Centre provides a template for the notice of arbitration as well as a template for the response to the notice of arbitration.
The parties are free to choose arbitrators from the list of arbitrators registered with the Center, and in the absence of agreement by the parties, the Center shall appoint arbitrators.
If the claimant doesn’t submit the statement of claim, not exceeding thirty days from the specified period, the arbitral tribunal can decide not to proceed with the arbitral proceedings Unless it assess that there are other issues to be resolved. The notice of arbitration shall be deemed as a statement of claim, provided that the notice of arbitration also complies with all the requirements of the statement of claim.
If the respondent does not submit the statement of defense, within thirty days from the specified period, the arbitral tribunal can proceed on the arbitration proceedings, without considering that as an admission of the respondent with the claims against him. The response to the notice of arbitration shall be deemed as a statement of defence, only if the response to the notice of arbitration complies with the requirements of the statement of defense.
The parties are free to choose the used language. In the case of absence of an agreement by the parties; the arbitral tribunal shall determine the language or languages to be used in the proceedings.
Yes, ECAS offers the parties the freedom to agree on the arbitration venue.
The arbitral award shall be executed in the seat of arbitration chosen by the parties.
Yes, the parties may apply a request for the joinder of a third party to the proceedings, if he was a party to the arbitration agreement and with his acceptance.
About the Center
The Egyptian center for arbitration is a non-profit arbitration center that was established based on the Presidential Decree no. 335 of 2019. It has its own independent legal personality. Its main role is to facilitate settlement of non-banking financial disputes by means of Arbitration, mediation.The Egyptian center for arbitration is a non-profit arbitration center that was established based on the Presidential Decree no. 335 of 2019. It has its own independent legal personality. Its main role is to facilitate settlement of non-banking financial disputes by means of Arbitration, mediation.
Arbitration is an alternative method of dispute resolution outside of judiciary courts. Upon the agreement of the parties, the conflict is referred to one or more arbitrators who make a binding decision on the dispute.
No, the parties do not necessarily need to assign lawyers to represent them before the arbitral tribunal , as the parties can initiate arbitration proceedings by themselves, and this is supported by the judgment of the Court of Cassation; where it decided that there would be no restriction on the freedom of the parties to represent themselves or to assign who represents them before the arbitral tribunals, even if they were not lawyers, therefore the parties might prefer to appoint experts other than lawyers to represent them in disputes with complex technical aspects, especially if the dispute involved more substantive issues than legal issues.
A-Consensual: The center provides the dispute parties with the autonomy in taking decisions regarding the arbitration dispute process, as well as the suitable settlement method. This also allows them to determine and agree upon the form of the arbitral tribunal, the hearing schedules, the arbitrators and the required qualifications. The Center aims to reach fair, fast, effective, final and binding solutions acceptable to all parties with the continuation of their commercial relations, and without disclosing their trade secrets.
B-Rapidity: The center excels in providing timely procedures, thus saving energy and money throughout the process of settling disputes, securing the rights and avoiding any waste of resources from falling on all parties included.
C-Confidentiality: All the services and information provided throughout the center are kept confidential during the case as well as after it is closed. Moreover, the center has adopted rules to avoid any conflict of interest for arbitrators, experts and those in charge of managing the center or its employees while preforming their duties.
D-Expertise: The center has very precise registration criteria for the selection of arbitrators, mediators and experts. These include high levels of experience, specialization and professional understanding of the technical matters needed to settle the disputes. The statute guarantees the availability of the impartiality and experience standards. In addition, the center offers training programs for arbitrators and mediators to promote their knowledge and skills.
E-Technology: The center offers to the parties an electronic platform to submit their arbitration requests and through which the center can notify them with all the arbitral proceedings taken without the need of their physical presence at the center.
F-Binding: Arbitral awards rendered from the center are enforceable with res judicata, which prevent the disputing parties from bringing up the case to litigation once it has been decided on its merits, except in case of annulment of arbitral awards.
Anyone, to whom the provisions of the laws relating to non-banking financial transactions are applicable, has the right to resort to the center to solve and settle disputes. This may cover any conflicts that arise between partners, shareholders, or members of companies and entities operating in the non-banking financial markets. To obtain the ultimate benefits of the centers’ services, the parties shall provide a written agreement, which may take place prior to or after the conflict.
The center facilitates the settlement of the non-banking financial disputes and other commercial disputes.
Arbitral awards rendered from the center are enforceable with res judicata, which prevent the disputing parties from bringing up the case to litigation once it has been decided on its merits, except in case of annulment of arbitral awards.
Yes, the valid arbitration clause is considered separate from the other clauses of the contract which it forms part and as such survives the termination, breach and invalidity of that contract.
Yes, resorting to the center does not require a specific nationality / all nationalities may resort to the center to settle their disputes.
Yes, the center provides model clauses for mediation and arbitration and recommends the parties to incorporate it while drafting the main contract, in order to obtain the best services of the center.
Yes, the center provides a Med-Arb clause.
Mediation is an Alternative Dispute Resolution method where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-staged process to help parties reach a conclusive and mutually satisfactory agreement.