ECAS arbitration procedures are meticulously designed to ensure efficiency, expediency, and confidentiality throughout the arbitration process. These procedures encompass the entire spectrum of arbitration, from the initial notice of arbitration and appointment of the arbitral tribunal to the issuance of the final arbitral award.

Arbitration Procedures:

1. Arbitration Agreement:

The parties must enter into a written agreement to resolve their disputes through arbitration. This agreement can be reached either before or after the dispute arises. In either case, the agreement must clearly specify the issues subject to arbitration.

2. Notice of Arbitration:

The arbitration process commences when the claimant submits a notice of arbitration to the center. Upon receipt of the notice, the center promptly notifies the other party involved.

3. Response to the Notice of Arbitration:

The respondent is required to provide a written response to the notice of arbitration within 30 days of receiving it. The center then promptly forwards the response to the claimant.

4. The Arbitral Tribunal:

-Appointment of Arbitrators:

The parties have the freedom to select their arbitrators, ensuring an odd number of arbitrators. If the parties fail to agree on the appointment of arbitrators, the center undertakes the formation of the arbitral tribunal within 30 days of receiving a request for appointment from either party.

-Number of Arbitrators:

If the parties agree to resolve the dispute through a sole arbitrator, they may mutually appoint one. In the event of a failure to nominate a sole arbitrator within 30 days of the claimant's request for arbitration being received by the other party, the center appoints the sole arbitrator. If the parties opt for a three-member arbitral tribunal, each party appoints one arbitrator, and the two appointed arbitrators subsequently select the presiding arbitrator.

-Disclosures, Removal, and Challenge of Arbitrators:

Upon receiving the appointment, the appointed arbitrator must provide written acceptance of the arbitration mission and a declaration affirming their impartiality and independence within one week. Throughout the arbitration process, the arbitrator must refrain from any communication with the involved parties, and if any such communication occurs, they are obliged to inform all parties. An arbitrator can be challenged if circumstances arise that create justifiable doubts regarding their impartiality or independence. The challenging party must submit a written notice of challenge to the center within 15 days of being notified of the challenged arbitrator's appointment or within 15 days of becoming aware of the circumstances justifying the challenge. The notice of challenge should state the reasons for the challenge. The center then communicates the notice of challenge to all parties, the challenged arbitrator, and the other arbitrators. The challenge is finally decided by an impartial and independent tripartite ad-hoc committee selected from the members of the Advisory Committee.

5. The Applicable Procedures:

The Seat of Arbitration:

If the parties have not previously agreed upon the seat of arbitration, the arbitral tribunal determines the location, considering the circumstances of the case. The award is considered to have been rendered at the seat of arbitration.

Note: the seat of arbitration is what determines the court's jurisdiction over the nullity claim of an award, while the venue is the physical location where the arbitration hearings or deliberations are held.

6. Language of Arbitration:

In the absence of an agreement by the parties, the arbitral tribunal promptly determines the language or languages to be used in the proceedings.

7. Applicable Law:

In the absence of an agreement by the parties, the arbitral tribunal applies the law closely related to the dispute, taking into account the terms and conditions of the contract concluded by the parties.

8. The Hearings:

Commencement of Hearings:

Upon the request of either party, the arbitral tribunal holds one or more sessions for pleading and hearing witnesses. The tribunal notifies the other parties of the hearing date at least one week in advance.

Closure of Hearings:

The arbitral tribunal closes the pleading after ensuring that the parties have no other evidence to present, no other witnesses to hear, or other statements to provide.

9. The Arbitral Award:

It is a final ruling issued by the arbitral tribunal, ending the dispute, and no appeal is accepted by any means of appeal unless the conditions for an invalidation claim stipulated in Article No. 53 of the Egyptian Arbitration Law No. 27 of 1994 are fulfilled.

Form and Effect of the Award:

All arbitral awards shall be issued in writing and shall be final and binding on the parties. The parties are required to promptly comply with the arbitral award without delay and the arbitral tribunal must state the reasons underlying the award. The arbitrators shall sign the award and it must include the date of its issuance and the place in which it was issued. In the event that there is more than one arbitrator and one of them does not sign, the award must state the reason for not signing.

Enforcement of the Award:

Enforcement of the Arbitral Award:

1. The parties must submit an application for the enforcement of the award to the registry of the competent court.

2. The parties must await the expiration of the period within which an action for annulment may be filed.

3. The president of the competent court issues an enforcement order for the arbitral award.

Annulment of the Arbitral Award:

An action for the annulment of the arbitral award may only be initiated in the following cases:

a) Absence of an arbitration agreement, its invalidity, voidability, or expiration.

b) Full or partial invalidity of the award.

c) Failure to comply with the requirements of due process.

d) The award deals with matters beyond the scope of the arbitration agreement.

e) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or with the law.

f) The award is in conflict with the public policy.

These are the general procedures followed in ECAS arbitration. It is important to note that specific rules and procedures may vary depending on the arbitration agreement, the applicable laws, and the arbitration rules chosen by the parties.