The Egyptian Center for Arbitration
and Settlement Non-Banking Financial Disputes
ECAS
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Arbitration Procedures

Arbitration Procedures at ECAS: 

At ECAS, our arbitration procedures are carefully designed to ensure efficiency, expediency, and confidentiality at every stage of the arbitration process. These procedures align with the Center’s Statute and are guided by best international practices to support effective dispute resolution in the non-banking financial sector.

Below is an overview of the key stages and provisions of the ECAS arbitration process:

1. Arbitration Agreement:

The arbitration process begins with a written agreement between the parties to resolve their dispute through arbitration. This agreement may be concluded before or after the dispute arises and must clearly define the matters to be resolved.

2. Notice of Arbitration:

The claimant initiates arbitration by submitting a Notice of Arbitration to the Center. Upon receipt, ECAS promptly notifies the respondent of the commencement of proceedings.

3. Response to the Notice:

The respondent must submit a written response within 30 days of receiving the notice. ECAS then forwards the response to the claimant for review.

4. Formation of the Arbitral Tribunal:

Appointment of Arbitrators:

  • Parties may mutually appoint their arbitrator(s), ensuring an odd number.

  • If the parties fail to reach an agreement, the Center will constitute the tribunal within 30 days of receiving a request for appointment.

Number of Arbitrators:

  • For sole arbitrator: If the parties do not agree on the appointment within 30 days, ECAS appoints the arbitrator.

  • For three-member tribunals: Each party appoints one arbitrator, and those arbitrators appoint the presiding arbitrator.

Disclosures, Challenges, and Replacement:

  • Arbitrators must submit a written acceptance and a declaration of independence and impartiality within one week of appointment.

  • Any communication with parties must be disclosed.

  • A party may challenge an arbitrator if justifiable doubts arise regarding impartiality or independence. The challenge must be submitted within 15 days, and a tripartite ad-hoc committee from the ECAS Advisory Committee will decide the matter.

5. Applicable Procedures:

Seat of Arbitration:

  • If not agreed upon by the parties, the seat is determined by the tribunal based on the case circumstances.

  • The seat determines jurisdiction for annulment claims; it may differ from the physical location of hearings (venue).

Language of Proceedings:

  • If parties have not agreed on a language, the tribunal determines the language(s) of the arbitration promptly.

Applicable Law:

  • If no applicable law is specified by the parties, the tribunal applies the law most closely connected to the dispute, considering the contract terms.

6. Hearings:

Commencement:

  • Upon request of either party, the tribunal holds hearings for oral arguments and witness examination.

  • All parties are notified of hearing dates at least one week in advance.

Closure:

  • Hearings are closed once all parties have had the opportunity to submit evidence and statements, and no further submissions are required.

7. The Arbitral Award:

Form and Effect:

  • The arbitral award is final and binding on all parties, and no appeal is allowed unless an annulment claim is filed under Article 53 of Egyptian Arbitration Law No. 27 of 1994.

  • Awards must:

    • Be in writing

    • Include the reasoning, date, and place of issuance

    • Be signed by all arbitrators, or the reason for any missing signature must be stated

8. Enforcement of the Award:

Enforcement Steps:

  1. Submit an enforcement application to the registry of the competent court

  2. Await the expiry of the legal period for filing an annulment claim

  3. The president of the court issues the enforcement order

9. Annulment of the Award:

An award may be annulled only in specific circumstances, including:

  • Absence or invalidity of the arbitration agreement

  • Violation of due process or procedural rules

  • The award exceeds the scope of the arbitration agreement

  • Irregular tribunal composition or procedure

  • Award conflicts with public policy

  • Award is partially or fully invalid

Important Note:

While the procedures outlined above represent ECAS's general arbitration framework, specific procedures may vary depending on:

  • The arbitration agreement

  • The chosen arbitration rules

  • The applicable laws

Parties are encouraged to consult the full ECAS Arbitration Rules and the relevant statutory provisions for comprehensive guidance.

 

 

Arbitration Proceedings.pdf
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