Egypt
Khaled AttiahPartner,Head of Dispute Resolution - Egyptk.attia@tamimi.com
Chahira BachaSenior Associate,Dispute Resolutionc.bacha@tamimi.com
Is there any legislation governing mediation in Egypt? If the response is negative, are there any preparatory legislative project relating to mediation?No, Egypt does not have a legislation governing mediation. Yes, a draft mediation law was proposed by the government. However, to date it is still under discussion with all stakeholders and is not yet finalized.
It is worth noting that the Economic Courts Law No. 120 of 2008 was amended by Law No. 146 of 2019 to introduce the idea of mediation between the parties by a designated judge in the court in the preparatory phase before sending the case to the sitting judge.
Is there any legislation governing conciliation in your jurisdiction? Do the existing laws distinguish between conciliation and mediation?Egypt has only a conciliation law for specific disputes in which ministries and public juristic persons are involved: the law No. 7 for 2000 which introduces the establishment of conciliation committees for the settlement of certain disputes where ministries or public entities are involved. However, Egypt did not adopt a more general conciliation law governing conciliation for disputes between private juristic persons.
As mentioned above, Egypt does not have mediation legislation. Hence, both terms/mechanism are not defined under the law to provide whether or not a distinction exists
Is conciliation/mediation court-annexed (administered by the courts) or voluntary (administered by the parties), or both?Usually conciliation/mediation is voluntary (i.e., parties opt for in their agreements for multi-tiered dispute resolution clauses providing the resort to mediation/conciliation prior to litigation/arbitration) or decide following the arising of a dispute to attempt its settlement via mediation/conciliation.
Likewise, investors may approach the Investor Dispute Settlement Centre within GAFI to settle the matter via mediation/conciliation before filing a claim. Notwithstanding above, the Economic Courts Law provides that the preparatory judge shall attempt first to reach a conciliation between the parties in a preparatory hearing upon filing the case before proceeding with the case. The new amendment introduced in 2019 added the mediation role to the judge. In such case, the process is court-annexed. Could you please specify the types of disputes that can/ cannot be referred to mediation in your jurisdiction? Are there certain kinds of dispute, or sectors, in which mediation is common in your jurisdiction?As mentioned above, mediation is not regulated in Egypt (i.e., not governed by a specific legislations). Hence, we do not have list of type of disputes that could be mediated.
In Egypt, Mediation is common in all disputes of commercial nature if so agreed by the parties. This mainly includes transactions, construction, real-estate, investment and labor disputes.
Does the mediation legislation provide for “without prejudice communications”? Is the concept of “without prejudice” communication recognized in the general law.As mentioned above, mediation is not regulated in Egypt (i.e., not governed by a specific legislations). However, the concept of “without prejudice communications” is recognized under Egyptian law and is frequently used by parties in settlement negotiations.The above is further confirmed in Mediation Rules issued by Cairo Regional Centre for International Commercial Arbitration and the GAFI Investor Dispute Settlement Rules.
Are settlement agreements resulting from mediation enforceable before the Courts?Yes.
Does the law in your jurisdiction address the suspension of the limitation period during mediation process?No.
How mediations may impact limitation periods is a sensitive legal question and we strongly encourage you to reach out to our team if you have any queries regarding this topic.Does the law in your jurisdiction allow parties to take interim measures during the mediation process?As mentioned above, mediation is not regulated in Egypt (i.e., not governed by a specific legislations).
As for interim measures, in principle from a legal standpoint a party is entitled to submit a request for attachment/seizure (interim measure) at any point of time provided they meet the legal requirement. However, in practice courts tend to refuse such requests unless the party holds at least a First Instance Judgment in its favour or an Award.
Are there any mediation/conciliation centers in your jurisdiction? Please specify whether they are private or public (or list them if possible)Yes. There are two major institutions exist:
CRCICA (Mediation Rules): CRCICA Mediation Rules were issued in March 1990. Later in 2001, the Rules were amended with the establishment of the Mediation and Alternative Dispute Resolution Centre within CRCICA to administer mediation as well as conciliation, technical expertise, mini trials and claim review boards. The current Mediation Rules entered into force on January 1, 2013; and
GAFI Investor Dispute Settlement Centre (“IDSC”): this Centre was established in 2009 to settle the disputes that may arise between investors through mediation. IDSC’s Rules were drafted in light of the UNCITRAL recommendations. The centre settles disputes related to board directors, rights of minority shareholders, management performance, merger and acquisition decisions, nomination of directors and officers, financial restructuring, remuneration of directors, and approval of annual accounts and financial statements.
The Egyptian Center for Arbitration and Settlement Non-Banking Financial Disputes (ECAS): The Center was established by the presidential decree no. 335 of 2019. Its main role is to facilitate settlement of non-banking financial disputes by means of arbitration, mediation and conciliation.
Does the law in your jurisdiction set out specific criteria for qualifying as mediators/conciliators? Please specify whether there is a Code of Professional Conduct governing the profession of meditator in your jurisdiction.No. Egypt law does not set out the criteria for qualifying as mediators/conciliators. Further, there is no Code of Professional Conduct governing the profession of meditator in Egypt.
Is your jurisdiction party to the “Singapore Convention on Mediation” (United Nations Convention on International Settlement Agreements Resulting from Mediation)? If not, could you please indicate whether your jurisdiction will potentially sign or ratify this Convention?No, Egypt is not a signatory to Singapore Convention on Mediation.
Are there any mediation training centres in your jurisdiction?Yes. A number of institutions offer mediation training in Egypt.
Does your jurisdiction provide e-mediation? (i.e., automated online dispute resolution system with no interaction from a third party at all).No.
