Yearbook of Private International Law, Volume 15 (2013/2014), pp. 387-409
© sellier european law publishers & Swiss Institute of Comparative Law
Printed in Germany
RECOGNITION AND ENFORCEMENT OF
FOREIGN DECISIONS IN EGYPT
Karim EL CHAZLI
*
I. Introduction
II. Overview of the Egyptian Legal System
A. Sources of Law
B. Egyptian Judicial System
III. Overview of Egyptian Private International Law
A. Conflict of Laws
B. International Jurisdiction and Enforcement of Foreign Judgments
IV. Enforcement of Foreign Judgments When There Is an Applicable Treaty
A. Multilateral Treaties: The Arab Convention of 1952
1. The Arab Convention (1952) Is still in Force in Egypt despite its
Replacement by the Riyadh Convention (1983)
2. Main Provisions of the Arab Convention of 1952
a) Scope of the Convention
b) Grounds for the Enforcement Refusal
c) Procedure of Exequatur
d) Effects of the Enforced Judgment
B. Bilateral Treaties
1. With Arab States
2. With Non-Arab States
V. Enforcement of Foreign Judgments When There Is No Applicable Treaty
A. The Reciprocity Condition
B. The Standard Conditions
1. Egyptian Courts’ Lack of >Exclusive@ Jurisdiction
2. Jurisdiction of the Foreign Court
3. Procedural Correctness Condition
4. Finality Condition
5. “Irreconcilability” Condition
6. Public Policy
7. Identity between the Applied Law and the Law Designated by the
Egyptian Conflict of Laws Rule?
8. Other Conditions?
C. Procedural Aspects of the Enforcement Suit
VI. Distinction between Recognition and Enforcement
VII. Enforcement of Authentic Instruments
*
Staff Legal Adviser at the Swiss Institute of Comparative Law; PhD Student at
Paris 1 Panthéon-Sorbonne University. I would like to thank John Curran for his valuable
comments on an earlier draft of this article. All errors are mine.