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Two icc Arbitrations Disturbed by Two Court Orders: The Impact of Ignoring the Power of the icc Court to Extend the Time Limit for the Award

In: Arab Law Quarterly
Author:
Mostafa Abu-Hagras Attorney Cairo Egypt

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Online Publication Date:
27 Oct 2017
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Abstract

The 1994 Egyptian Arbitration Act has conferred the jurisdiction to terminate arbitral proceedings, if the time limit for the award expires, on Egypt’s courts. The Egyptian courts have wrongfully terminated two International Chamber of Commerce arbitration proceedings. Egypt’s Court of Cassation has ultimately reversed the decisions of the Egyptian lower courts, so the two icc arbitration awards have survived. This article examines the manner in which the Egyptian courts were asked to grant, recognise or refuse to recognise the termination orders, and clarifies how arbitrators, the icc Court and parties reacted to them.

Title:
Two icc Arbitrations Disturbed by Two Court Orders: The Impact of Ignoring the Power of the icc Court to Extend the Time Limit for the Award
Article Type:
Research Article
DOI:
https://doi.org/10.1163/15730255-12314537
Language:
English
Pages:
203–244
Keywords:
expiry of time limit for final award; discretion of ICC Court to extend time limits; jurisdiction of Egyptian courts to terminate arbitral proceedings when the award time limit expires; interaction between ICC Arbitration Rules and the Egyptian Arbitration Act; party autonomy; dilatory tactics; arbitrator’s decision to complete the proceedings in resistance of a court order
In:
Arab Law Quarterly
In:
Volume 31: Issue 3
Publisher:
Brill
E-ISSN:
1573-0255
Print ISSN:
0268-0556
Subjects:
Islamic Law, Middle East and Islamic Studies

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