Corporate and Commercial Dispute Litigation in Egypt

BYLaw
6 days ago
18 min read

Corporate and commercial disputes arise when businesses clash over ownership, contracts, or market activities. Corporate disputes typically occur within a company (e.g., shareholders or partners arguing over control, profits, or governance), whereas commercial disputes generally occur between companies (e.g. a supplier vs. distributor over a sales contract). These conflicts can disrupt operations, harm reputations, and drain resources, so understanding how they are resolved is crucial. In Egypt, both courts and arbitration are common forums for resolving business conflicts. This guide explains the main types of corporate and commercial disputes, the litigation process (including specialized Economic Courts), arbitration versus litigation, strategic considerations, and practical steps like filing a corporate lawsuit or enforcing judgments in Egypt’s legal system.

Types of Corporate Disputes

Corporate disputes usually involve conflicts inside a company. Common examples include:

Ownership and Control Issues – Disagreements about share distribution, ownership rights, or valuation of the company. For instance, founders or investors may clash over who holds decision-making power or how new equity is allocated.
Contractual Disputes – Conflicts over company agreements, such as alleged breaches of supply, service, or partnership contracts. Vague or unfair terms can lead to lawsuits demanding performance or damages.
Management and Governance Conflicts – Arguments between executives or between management and shareholders about business strategy, board appointments, or director misconduct. For example, co-founders might disagree on major investments or whether a manager has overstepped their authority.
Shareholder Disputes – Even in closely-held corporations, shareholders can fight over issues like dividend payments, voting rights, or the sale of the company. Minority shareholders sometimes allege the majority is misusing assets or squeezing them out.
Partnership Disputes – In partnerships (general or limited), partners may disagree on profit-sharing, capital contributions, or exit terms. Such conflicts can threaten the viability of the partnership.
Regulatory and Compliance Issues – Companies may face internal disputes triggered by new laws or regulations. For example, changes to industry regulations might spark conflict over who bears added compliance costs.
Employment and IP Disputes – Corporate disputes can also involve employees (e.g. allegations of wrongful termination) or intellectual property owned by the company (e.g. fights over patents or trade secrets) .

Each of these types can become a full-scale legal battle if the parties cannot settle. For instance, unclear partnership exit clauses often lead to courts being asked to dissolve the company or force a buyout. The key is identifying the category of dispute and the right legal framework (e.g., Companies Law for shareholders, Civil Code for contracts) to address it effectively.

Shareholder & Partner Conflicts

Disputes among company owners deserve special attention. In Egypt, shareholder conflicts are typically governed by the Companies Law (No. 159/1981) and related regulations. If shareholders disagree on running the business (say, one faction wants to sell while others do not), minority owners can petition a court to either order dissolution or expel the dissenting partner under strict legal conditions. Courts may also void transactions or board decisions that violate corporate bylaws or minority rights. For partnership disputes (in an LLC or a general partnership), a partner who believes others are breaching the partnership agreement (e.g. not sharing profits properly, misappropriating assets, or ignoring agreed decision-making rules) can sue for damages or ask the court to liquidate the partnership. However, dissolving a partnership in Egypt is complex and requires following detailed procedures (convening partner meetings, appointing a liquidator, settling debts and assets, etc.). In practice, Egyptian courts encourage parties to mediate first, but if a serious breach has occurred (like fraud or gross mismanagement), litigation will proceed under court supervision. Engaging a knowledgeable lawyer is often necessary, as Egyptian court decisions in these cases strictly enforce legal formalities.

Types of Commercial Disputes

Commercial disputes generally involve external trade and contracts between businesses. Examples include:

Breach of Contract – The most common commercial conflict. This covers failure to deliver goods or services as promised, delayed performance, or non-payment for work done.
Intellectual Property Conflicts – Disputes over trademarks, patents or copyrights (e.g. a competitor’s alleged use of a registered design without permission).
Franchise, Lease and Supply Disputes – Conflicts arising from franchising agreements, commercial leases, or supplier/customer contracts. For instance, a landlord-tenant may fight over unpaid rent, or a franchisor may allege franchisee’s breach of standards.
Partnership and Shareholder Disputes (Commercial) – Situations where parties to a commercial contract have an ongoing relationship (such as joint ventures) and fall into conflict. These overlap with corporate disputes but usually involve separate legal entities.
Bankruptcy and Insolvency Issues – Debtors and creditors often clash during restructurings. A seller may sue a buyer’s company for unpaid invoices as the buyer enters bankruptcy. These are typically handled by specialized bankruptcy courts or economic courts.
International Trade and Foreign Investment – Cross-border deals can lead to disputes over jurisdiction, currency controls, or compliance with foreign investment laws. Egypt’s membership in conventions (like the New York Convention) means many international contracts choose arbitration, but if not, Egyptian courts still may see these cases.
Competition Law Violations – Companies may accuse rivals of unfair competition, price-fixing or violating the Competition Protection Law. Such disputes could be heard in civil courts or in coordination with the Egyptian Competition Authority.
Debt and Payment Conflicts – Disputes over unpaid invoices, loan defaults, or letters of credit. Creditors often file in commercial courts to recover debts.
Insurance and Financial Disputes – Insurers and insureds may litigate coverage disagreements. Banks and companies might dispute charges, lien rights or financial guarantees.
M&A Conflicts – Mergers, acquisitions or share sale deals that go wrong (see below).

The broad point is that any business transaction – from buying goods to investing in a project – can end up in dispute. Many of these issues can sometimes be resolved by negotiation or mediation, but if not, the parties may need to litigate or arbitrate. When choosing how to proceed, companies should consider the nature of the dispute and the remedies needed (damages, specific performance, injunction, etc.).

M&A Disputes

Transactions like mergers, acquisitions and joint ventures carry their own dispute risks. After a deal closes, disagreements can erupt over issues such as false representations, earn-out calculations, or the integration of companies. Common flashpoints include:

Breach of Sale Agreement – For example, if the seller fails to fulfill post-closing transition support, or if the buyer argues that promised licenses or consents were not obtained, one party may sue for breach of the share purchase agreement.
Misrepresentation of Company Value – If the seller’s financial statements or disclosures were inaccurate, the buyer might claim damages under the indemnity clause in the SPA. Conversely, a seller may sue if the buyer reneges on promised payment.
Transaction Structure Conflicts – Disputes can arise if the parties disagree on whether the transaction is an asset sale or stock sale (especially if taxes or liabilities differ).
Regulatory or Competition Approval Issues – Sometimes a merger collapses because regulators block it. If one party has to pay a breakup fee or renegotiate terms, litigation can follow.
Shareholders’ Agreement Conflicts – In joint ventures or new structures, shareholders often sign agreements covering governance. Disagreements over veto rights, new capital calls, or drag-along/tag-along provisions may lead to court battles.
Integration Challenges – Disputes over key personnel roles, IP transfers or customer retention clauses can also produce claims.

In Egypt, M&A disputes are treated much like other contract or corporate disputes, but they often involve complex documentation (Share Purchase Agreements, Shareholders’ Agreements, etc.). To mitigate these risks, contracts usually contain detailed representations and warranties, indemnities, and often an escrow holdback. As M&A guide notes, a typical SPA includes provisions on the purchase price (with post-closing adjustments), representations and warranties of each party, covenants, conditions precedent, and indemnities. If a breach of a representation or covenant is alleged, the injured party will look to the indemnification clause for recovery. Because these deals are complex, experienced M&A lawyers also include dispute-resolution clauses. In practice, many M&A disputes in Egypt are resolved by arbitration if an arbitration clause exists; otherwise, they go to the competent Egyptian court (often a Commercial or Economic court, depending on the subject matter).

For example, “Mergers and acquisitions conflicts” are explicitly listed among common commercial disputes. This reflects that M&A deals can trigger litigation over unpaid purchase price adjustments or breach of the purchase agreement. In such cases, parties often rely on the clarity of the contract’s terms and the choice-of-forum clause. If the SPA specifies arbitration (common in joint-venture deals), an arbitral tribunal may decide. If it directs court litigation, Egyptian commercial courts or even the specialized Economic Court (if the deal involves regulated sectors like banking or telecom) may hear the case.

Litigation Process in Egypt

The typical litigation process for corporate/commercial disputes in Egypt follows a structured court procedure. Key steps include:

Pre-Litigation Efforts: Before filing, parties often attempt negotiation, send demand letters or engage in mediation/conciliation. This informal stage can save time and money if a compromise is possible.
Filing the Claim: The plaintiff (injured party) drafts a Statement of Claim (lawsuit petition) detailing the facts, legal grounds and relief sought (e.g. damages or specific performance). This must be submitted to the competent court – either the ordinary civil court or the Commercial Court/Economic Court, depending on jurisdiction and the nature of the dispute. The claim is filed under the Egyptian Code of Civil and Commercial Procedures (Law 13/1968). The plaintiff must attach evidence (contracts, invoices, etc.) and usually pay court fees.
Court Review and Service: Once filed, the court reviews the case and issues a summons to the defendant (the party being sued). The court clerk or bailiff delivers the summons and claim documents to the defendant, notifying them of the lawsuit.
Defendant’s Defense: The defendant then prepares a written defense (answer) and can raise objections (e.g. lack of jurisdiction, lack of evidence). In Egyptian procedure, there is no US-style pre-trial discovery. Instead, after the defense is filed, the parties may each request the court to adjourn (postpone) hearings to review the other side’s documents and responses. This effectively serves as the “exchange of evidence”.
Hearings: The judge schedules hearings where both sides present oral arguments, call witnesses and submit documents. Because Egypt follows an inquisitorial system, the judge has a more active role, asking questions and organizing the evidence. Lawyers must be well-prepared: each side typically has a precise time to present their case. The court evaluates contracts, expert reports, attestations, and testimony.
Judgment: After hearing the arguments, the court issues a written judgment. It will either grant the relief (uphold the claim) or dismiss the lawsuit. Because proceedings are often based on written pleadings, the judgment will explain the legal reasoning and how the law applies to the facts.
Appeals: Any losing party usually has the right to appeal to a higher court (Appellate Court). Appeals can re-examine both factual and legal issues to some extent. If still unsatisfied, a final appeal to the Court of Cassation (supreme judicial body in civil matters) is possible, but it mostly reviews points of law.

Throughout these stages, Egyptian courts follow the Civil and Commercial Procedure Code closely. Cautionary attachments are a common tool: at or after filing the claim, a plaintiff can ask the judge to order a freeze on the defendant’s assets or bank accounts. This protects the eventual judgment’s enforcement (the concept is similar to a preliminary injunction or attachment in other systems). The court can grant such measures based on the plaintiff’s request even before final judgment.

Overall, Egyptian litigation is known to be more time-consuming than arbitration . However, recent reforms (like establishing the Cairo Economic Court in 2008) aim to speed up commercial cases by assigning them to judges with business law expertise.

Economic Courts Jurisdiction

Egypt has specialized Economic Courts for major commercial disputes, which can affect litigation strategy. The Cairo Economic Court (also known as the Commercial Circuit of the Cairo Court of Appeal) was created to handle cases with significant economic or commercial aspects. By law, certain categories of disputes must be filed there instead of ordinary courts. These include issues governed by specialized business laws, such as:

Capital markets and securities law cases (e.g. stock exchange disputes)
Banking, finance and leasing disputes (including cases under the Central Bank and Insurance laws)
Intellectual property infringement cases (when related to industrial or commercial exploitation)
Commercial agency and franchising disputes
Technology transfer or licensing contract cases
Competition and anti-trust cases involving market abuse
Bankruptcy and insolvency proceedings (when filed in civil courts)

When one party files a complaint that falls under these categories, an ordinary court is obligated to refer the case to the Economic Court. The rationale is that judges on these panels have specialized knowledge of business law, which should shorten case duration and improve outcomes. For example, if two companies dispute a merger’s competition approval or a complex debt restructure under the Banking Act, the Economic Court would likely have jurisdiction.

In practice, most other corporate and contract disputes (like straightforward breach-of-contract or employment matters) go to the general civil/commercial courts. It’s important for litigants to file in the correct venue: filing a capital-market case in the wrong court could lead to dismissal. A knowledgeable Egyptian attorney will help determine if the Economic Court or another specialized body (like administrative courts for regulatory reviews) should hear the case.

Arbitration vs. Litigation

Egypt’s dispute-resolution landscape includes both court litigation and arbitration. Arbitration has grown tremendously in recent decades, especially for international or high-value commercial disputes.

Arbitration is generally faster and more flexible. Parties choose their arbitrators (often legal or industry experts) and the arbitration rules. Egyptian law (Arbitration Law No. 27/1994) is based on the UNCITRAL Model Law, and Egypt is a signatory of the New York Convention, which makes arbitral awards enforceable in most countries. Advantages include confidentiality (private proceedings), limited or no appeals (making resolution final), and procedural flexibility. For example, international investors often prefer arbitration to avoid public Egyptian court proceedings. Many construction and trade contracts in Egypt now routinely include an arbitration clause; indeed, one review notes that 80% of international contracts in the region use arbitration clauses. Institutions like the Cairo Regional Centre for International Commercial Arbitration (CRCICA) also provide specialized infrastructure for such cases.

Litigation, on the other hand, occurs in the public court system. It can be less expensive (no arbitrator fees) and allows for appeal (so a party unhappy with a judgment can try again on legal grounds). Court records are public, which may be a downside for sensitive business matters. Litigation is often perceived as slower due to backlogs, although specialized courts are improving speed. Under Egyptian procedure, parties benefit from the courts’ enforcement powers (judgments are easily executed by bailiffs). One practitioner notes: “Many business owners prefer costly but expeditious arbitration rather than inexpensive but lengthy court proceedings” .

In other words, arbitration offers speed, confidentiality, and party control (choice of law, arbitrators), whereas litigation offers the power of the state (bailiff enforcement, official judgments) and potentially lower immediate cost.

Which path to choose depends on the case. In general, use arbitration if your contract allows it and you need a swift, enforceable outcome (especially for international deals). Use litigation if no arbitration clause exists, or if you are seeking remedies not typically available by arbitration (like certain types of injunction in domestic law), or if preserving court appeal rights is important. In many situations, companies in Egypt try negotiation or mediation first, then go to arbitration or court as a last resort.

Litigation Strategy

A smart litigation strategy starts before going to court. Key considerations include:

Assess your case early: A lawyer will evaluate the strength of your claims and the likely defenses. This guides whether to settle or litigate. Specialized corporate dispute attorneys can tailor a strategy to your conflict (for example, focusing on documentary evidence if facts are on your side, or on legal argument if it’s a pure contract issue).
Document everything: Keep detailed records of contracts, communications and transactions. In Egypt, evidence is mostly documentary, so organizing your files (emails, signed contracts, board minutes) is crucial. Also gather witness statements if needed.
Consider interim relief: If urgent, request provisional measures from the court. This might include asset attachment (cautionary attachment) or injunctions against violating patents or trade secrets. Such measures can protect your position while the case is pending. Egyptian courts routinely grant asset freezes to secure potential judgments.
Choose the right forum: Decide whether the dispute should go to a civil, commercial, or economic court based on the subject matter. This can affect case timing and procedural rules. For example, an Economic Court judge may expedite a case about banking contracts faster than a general court.
Use ADR when possible: Even during litigation, continue exploring mediation or settlement. Skilled attorneys “are often skilled negotiators and mediators… facilitating out-of-court settlements that save time and cost” . If early settlement seems viable, it can preserve business relationships and avoid litigation expenses.
Prepare for arbitration alternative: If the contract has an arbitration clause, be ready for that forum. Drafting clear arbitration agreements (specifying seat, rules, etc.) at the contract stage is also a strategic move to prevent future jurisdiction battles.
Prevent future disputes: Preemptively, have lawyers review or draft clear contracts and corporate governance documents. As the saying goes, “prevention is better than cure”: a good lawyer can help structure partnerships and agreements to avoid ambiguity.

Bylaw’s litigation team, for example, would work closely with your company to analyze risk and build a case. Our lawyers would highlight legal and factual risks early, advise on evidence gathering (including engaging forensic accountants or experts if needed), and craft legal arguments tailored to the nature of the dispute. We also keep sight of the business goal: sometimes pressing ahead to judgment is best, and other times, a quick negotiated deal is preferable to burning resources.

Litigation Services

Handling a corporate or commercial lawsuit involves multiple services from a law firm or legal team. Key litigation services include:

Case Assessment and Strategy: Expert advice from the outset. A corporate litigation lawyer will help you understand your rights, evaluate the merits of your case, and map out options (e.g. negotiation vs. court).
Document Preparation and Filing: Drafting the necessary legal papers. We prepare the Statement of Claim (with all required facts and evidence), responses, motions, and other pleadings. This ensures your case is properly presented and avoids procedural rejection.
Court Representation: Our lawyers appear in court on your behalf, presenting arguments, questioning witnesses, and countering the other side. Experienced litigators “present strong legal arguments before judges” and know how to handle Egypt’s procedural rules. This includes representing clients in CRCICA or international arbitrations if needed.
Negotiation and Mediation: Even if litigation is underway, legal counsel can still negotiate or mediate settlement. As noted, “not all disputes need to go to court,” and skilled lawyers can often reach amicable resolutions to save time. If a settlement is achieved, attorneys draft and review the agreement to protect your interests.
Enforcement and Appeals: After a judgment or arbitration award, the job isn’t over. Lawyers help enforce domestic court judgments via the enforcement agency (bailiffs) or pursue recognition of foreign awards. They can also handle appeals if the outcome is unfavorable. For instance, if a foreign arbitral award must be enforced in Egypt, the legal team will file for its recognition (see below) and then assist with execution.
Ancillary Services: Specialized tasks like obtaining precautionary attachments, drafting settlement agreements, handling related administrative or regulatory issues (e.g. notifying GAFI or the CMA for M&A matters), and ensuring compliance with procedural deadlines.

In short, a corporate dispute attorney provides end-to-end litigation support – from advising on whether to sue, to winning enforcement of a judgment. By leveraging such comprehensive services, a business can focus on its core operations while the lawyers protect its legal interests throughout the dispute.

When Should You Go to Court for a Business Dispute?

Deciding whether to litigate is a critical strategic choice. Generally, a company should consider going to court when:

Negotiation or Mediation Fails: If good-faith discussions break down or the other party refuses to comply, filing a lawsuit may be the only way to force a resolution. Litigation sends a strong signal that you will use the full power of law to enforce your rights.
High Financial Stakes: When the amounts in dispute are substantial, or the outcome is crucial to the business’s survival, court intervention is often justified. For example, if non-payment of a large contract jeopardizes cash flow, waiting indefinitely is not an option.
Complex Legal Issues: Cases involving intricate points of law (like intellectual property infringement or complicated statutory interpretation) may require a judge’s expertise. The courts can provide a definitive legal ruling on such issues.
Enforceable Remedies Needed: One of litigation’s main advantages is that court decisions are binding and enforceable. If you need the legal system to compel an action (for example, to freeze assets, grant an injunction, or order payment), a court judgment carries weight. This is critical when an adversary is likely to ignore informal agreements.
Risk of Ongoing Harm: If the dispute threatens continued damage to your business (e.g. a competitor continually infringing a patent, or an ex-employee repeatedly violating a non-compete), litigation can obtain immediate relief through injunctive orders. Courts can act quickly to stop harmful behavior.
Protecting Reputation or Public Interest: Sometimes a public court ruling can vindicate a company’s name, such as when fighting defamation or unfair business practices.

Of course, litigation has downsides: it takes time and money, and it may strain relationships. Companies should weigh these factors. As a general rule, if the dispute is small, or if preserving a relationship is more valuable, alternative resolution should be tried first. But if other paths are exhausted and the dispute is serious, going to court is the appropriate next step. Experienced lawyers can help evaluate these factors for each case and advise whether court action is likely to be worthwhile.

Steps in Filing a Corporate Lawsuit

If you decide to litigate a corporate dispute in Egypt, the procedural steps are roughly as follows:

Gather Evidence and Determine Jurisdiction: Before filing, collect all relevant documents (contracts, emails, financial records). Identify the correct court: eg. Commercial Court, Economic Court, or ordinary civil court, based on the dispute’s subject.
Draft the Statement of Claim: Prepare a detailed lawsuit petition. This includes: (a) the factual background and basis of your claim, (b) the legal grounds (statutes or contract provisions violated), (c) evidence list, and (d) the specific relief requested (damages, performance, etc.). The claim must comply with formal requirements of the Egyptian Civil & Commercial Procedures Law.
File the Claim: Submit the lawsuit to the competent court registry. Pay the filing fee (which is usually a percentage of the claim amount). The court assigns a case number.
Notify/Serve the Defendant: The court issues a summons and delivers it to the defendant along with the statement of claim. Service must follow legal rules (usually through a bailiff or registered mail).
Prepare for Defence: The defendant will file a defence or reply. In parallel, your side can request the court to adjourn hearings if you need more time to review the opponent’s documents or prepare evidence.
Evidence Exchange: Although there is no formal discovery, both parties submit exhibits at hearings or via written supplements. Make sure to exchange any required filings (by court order) in advance of hearings.
Attend Court Hearings: Appear on the scheduled hearing dates. Present oral arguments, examine witnesses, and submit documents. Compliance with court etiquette and deadlines is essential.
Receive Judgment: After hearings conclude, the judge issues a written judgment. This could grant the requested remedy or dismiss the case.
(If Needed) Appeal: If you lose (or only get partial relief) and grounds exist, file an appeal to the Appellate Court within the statutory deadline (usually one month). Prepare appellate briefs focusing on legal errors or fact review as allowed.

Each step has procedural formalities. For instance, claims against companies often require publishing a summons in the Official Gazette or a major newspaper. Technical cases (like certain IP or trademark cases) may initially go through specialized courts as mentioned. A local attorney will handle these procedural requirements, ensuring the case moves forward without unnecessary delays.

How Do Egyptian Courts Handle Partnership Disputes?

When partners or shareholders cannot resolve a dispute internally, they turn to the courts under Egyptian law. Courts analyze the dispute in light of the Companies Law (No. 159/1981), the Civil Code, and the partnership agreement. Key points:

Jurisdiction: A dispute among shareholders or partners in a registered company is typically brought in the civil courts (including commercial courts for trade companies). If it involves an economic aspect (like a banking partnership or stock issuance), it may fall to the Economic Court.
Judicial Remedies: Egyptian courts can enforce corporate governance rules. For example, if a majority shareholder illegally excludes a minority from decision-making, the court can invalidate that action. In extreme cases, the court may order the dissolution of the company. Article 184 of the Companies Law, for instance, allows judicial dissolution of a joint-stock company for serious reasons (e.g. inability to reach quorum at shareholders’ meetings). Similarly, for a limited liability company, courts can remove a manager or force a sale of shares if a partner is in breach.
Liquidation Process: If dissolution is ordered or agreed, the court oversees the appointment of a liquidator who winds up the company’s affairs. This can involve settling debts, selling assets, and distributing proceeds according to law. Courts will scrutinize that all steps (e.g. partner meetings and registrations) are properly done before finalizing dissolution.
Dispute Resolution: Egyptian courts encourage amicable settlement when possible. In partnership disputes, judges often ask whether arbitration or reconciliation is feasible before proceeding. However, if one partner has breached a fiduciary duty (e.g. fraudulently diverting company funds), the court can impose strict sanctions or damages.
Enforcement of Partner Rights: The court will enforce any valid agreements between partners (such as buy-sell clauses or voting rules). If the partnership agreement includes an arbitration clause, the court may refer the parties to arbitration rather than decide the case itself.

In practice, partnership disputes in Egypt require navigating both corporate formalities and civil procedure. A foreign investor, for example, may face extra hurdles (language of proceedings, understanding local statutes). That is why foreign businesses often hire Egyptian counsel: local lawyers know how to present such disputes to the court and how to interpret the Companies Law to protect their clients’ interests.

How Can Court Judgments Be Enforced in Egypt?

Once a judgment or arbitral award is obtained, enforcing it is the final step. Egypt distinguishes between domestic and foreign judgments:

Domestic Judgments: If you win a case in an Egyptian court, you apply for enforcement through the judicial enforcement agency. The judgment creditor submits a request to the head of the enforcement department. A court-appointed bailiff then serves the judgment debtor with notice and has the authority to seize or attach the debtor’s assets (bank accounts, real estate, equipment, etc.) to satisfy the judgment. Notably, Egyptian bailiffs can execute a precautionary attachment of property even without a separate order, once enforcement begins. The debtor has limited options to contest, mainly to argue that the execution is erroneous. In practice, enforcement can involve public auctions of seized assets if the debtor doesn’t pay. Because enforcement can be slow (due to bureaucracy or uncooperative debtors), lawyers often track the debtor’s assets in advance to expedite collection.
Foreign Judgments and Awards: To enforce a foreign court judgment or arbitral award in Egypt, you must first have it recognized by an Egyptian court. Article 52 of the Arbitration Law prohibits directly challenging an international award, so it is typically enforced like a foreign judgment. The steps are: file a petition for recognition and enforcement in an Egyptian court of first instance. You must submit the original foreign judgment or award, translated into Arabic and authenticated (usually by the Egyptian embassy). Egyptian law requires that the foreign judgment be final and that Egypt has reciprocity with the issuing country (i.e. Egypt enforces that country’s decisions in return). The court then reviews whether the foreign court had proper jurisdiction, whether the judgment violates Egyptian public policy or conflicts with any pending case in Egypt, and whether proper notice was given to the defendant. If all criteria are met, the court issues an order recognizing the foreign judgment, giving it the same force as an Egyptian judgment. After recognition, enforcement proceeds as with a domestic judgment – the enforcement agency can seize assets, garnish bank accounts, etc.

In summary, successful enforcement in Egypt usually means working through the official channels. A notable summary explains: “In Egypt, the judgment creditor submits the enforcement request to the head of the enforcement agency. A court bailiff serves the debtor with notice and can execute a cautionary attachment of property without a court order. For foreign decisions, careful compliance with the recognition procedure is critical. Many businesses engage local counsel to navigate these steps and ensure no formal defect (like missing documents) delays the process. When done properly, a final Egyptian judgment or recognized foreign award becomes fully executable against the debtor’s assets in Egypt.