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Enforcement of Foreign Judgments in Egypt is a matter of great importance in light of the growing cross-border commercial and investment relationships. When a judicial or arbitral award is issued outside Egypt, the creditor may need to enforce it in Egyptian territory in order to recover their dues or legally establish their rights.
In this guide, we outline the legal framework, conditions, procedures, and key challenges associated with enforcing foreign judgments in Egypt.
First: What Is a Foreign Judgment?
A foreign judgment is any judgment issued by a court outside the Arab Republic of Egypt, whether it is:
- A civil judgment
- A commercial judgment
- An administrative judgment
- A personal status judgment
- Or a foreign arbitral award
Such a judgment does not automatically acquire enforceability in Egypt. Specific legal procedures must be followed.
Second: The Legal Basis for Enforcing Foreign Judgments in Egypt
The enforcement process is governed by:
- The Egyptian Civil and Commercial Procedures Law
- Bilateral or multilateral international agreements signed between Egypt and other countries
- The principle of reciprocity between states
This means enforcement is possible if the country where the judgment was issued allows the enforcement of Egyptian judgments within its jurisdiction.
Third: Conditions for Enforcing a Foreign Judgment in Egypt
For Egyptian courts to approve enforcement, several key conditions must be met, including:
1. Jurisdiction of the Foreign Court
The court that issued the judgment must have had proper jurisdiction in accordance with accepted international jurisdiction rules.
2. Proper Service of Process
The defendant must have been properly notified of the proceedings in a legally valid manner that guarantees the right of defense.
3. Finality of the Judgment
The judgment must be final and binding according to the law of the country in which it was issued.
4. No Conflict with a Prior Egyptian Judgment
If there is a prior Egyptian judgment on the same dispute, enforcement may be denied.
5. No Violation of Egyptian Public Order
This is one of the most important conditions. Enforcement will be refused if the judgment contradicts the fundamental principles of Egyptian law or public policy.
Fourth: The Difference Between Enforcing a Foreign Court Judgment and a Foreign Arbitral Award
- Foreign court judgments are subject to the Civil and Commercial Procedures Law and the reciprocity requirement.
- Foreign arbitral awards are generally easier to enforce due to international conventions governing arbitration.
Why Do You Need a Lawyer Specialized in International Law?
Enforcing foreign judgments requires:
- A deep understanding of international jurisdiction rules
- Expertise in drafting enforcement petitions
- Preparing a complete and compliant documentation file
- Handling objections raised by the opposing party
Any procedural mistake may result in rejection or delay of enforcement.
Why Mashora Law Firm?
When dealing with international legal matters, you need:
- Expertise in international laws
- Strong understanding of mutual recognition agreements
- Professional handling of compulsory enforcement procedures داخل Egypt
Mashora provides integrated legal solutions in:
- Enforcement of foreign judgments
- Enforcement of international arbitral awards
- Representation of foreign companies in Egypt
Conclusion
Enforcement of foreign judgments in Egypt is legally possible, but it is subject to precise conditions and formal procedures.
Successful enforcement depends on:
- The validity of the judgment
- Completeness of documentation
- Compliance with Egyptian public policy
- Proper legal management of the procedures
Contact Mashora today to protect your rights and secure enforcement through the fastest and most effective legal route available.
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