Over the course of six decades since Egypt’s accession to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, successive Egyptian arbitration laws as well as court decisions have been rigidly devoted to the territoriality principle, whether in regard to arbitration’s procedural law or to the courts which have jurisdiction on setting aside the arbitral award. This article discusses whether the concept of “non-domestic” awards and the rule prescribed under the New York Convention, and applied by the courts in several countries, in regard to jurisdiction on setting aside “foreign” and “non-domestic” arbitral awards, have been endorsed by the arbitration law or court decisions in Egypt. The article highlights the criteria for and legal consequences of the “internationality” as adopted by Egyptian arbitration law and the latter’s overlapping scope with the Convention in respect of the enforcement of international arbitral awards made abroad under that law. The article also addresses the debate on whether arbitral awards annulled by the courts of the seat of arbitration may still be enforceable and how private international law principles uphold a coherent application of articles V(1)(e) and VII(1) of the Convention. Finally, from a private international law standpoint the article suggests harmonious solutions, and highlights the necessity of some reforms in the Egyptian arbitration law to conform with the latest developments at the comparative level in the arena of international commercial arbitration.
Mahmoud, M. (2022). Egyptian Arbitration Law: The Absence of Some Generic Concepts of the New York Convention of 1958 (A Private International Law Perspective). International Journal of Doctrine, Judiciary and Legislation, 3(2), 442-467. doi: 10.21608/ijdjl.2022.94366.1115
MLA
Mohamed Mahmoud. "Egyptian Arbitration Law: The Absence of Some Generic Concepts of the New York Convention of 1958 (A Private International Law Perspective)". International Journal of Doctrine, Judiciary and Legislation, 3, 2, 2022, 442-467. doi: 10.21608/ijdjl.2022.94366.1115
HARVARD
Mahmoud, M. (2022). 'Egyptian Arbitration Law: The Absence of Some Generic Concepts of the New York Convention of 1958 (A Private International Law Perspective)', International Journal of Doctrine, Judiciary and Legislation, 3(2), pp. 442-467. doi: 10.21608/ijdjl.2022.94366.1115
VANCOUVER
Mahmoud, M. Egyptian Arbitration Law: The Absence of Some Generic Concepts of the New York Convention of 1958 (A Private International Law Perspective). International Journal of Doctrine, Judiciary and Legislation, 2022; 3(2): 442-467. doi: 10.21608/ijdjl.2022.94366.1115
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