Egypt offers several methods for resolving disputes between the disputing parties, including litigation, arbitration, and mediation.
Litigation refers to resorting to national courts to resolve a dispute, while arbitration is an agreement between two parties to submit their dispute to an arbitration tribunal instead of national courts, whether arising now or potentially in the future. Both (verdicts issued by arbitration tribunals or national courts) are binding to the disputing parties, meaning that the judgment issued by courts or arbitration tribunal carries executive force and can be enforced compulsorily against the losing party.
Mediation, on the other hand, is a method of dispute resolution where a third party or a group of individuals is involved in an attempt to reconcile the differing views of the disputing parties, but the decision made by the mediator is not binding unless both parties agree to it.
– Litigation as the Primary Path for Resolving Disputes in Egypt
Although arbitration and mediation are increasingly popular methods of dispute resolution, especially in commercial cases, but in the absence of prior agreement between the parties to resort to arbitration or mediation, the default method is to resort to national courts. In many cases, especially when dealing with commercial disputes, the contracts between the parties may not include an arbitration clause, meaning arbitration tribunals incompetent to the dispute, and the parties are forced to eventually seek resolution through national courts. Furthermore, some parties prefer to avoid mediation due to its non-binding nature unless both parties accept the mediator’s decision. Therefore, litigation remains the primary option for resolving disputes under the Egyptian legal system.
– Overview of the Egyptian Judicial System
The judicial system in Egypt is divided into several courts, based on jurisdictional and territorial matters. This division helps to minimize the likelihood of judicial errors, as judges specializing in specific areas of law bring extensive experience to the cases they handle, resulting in fair and satisfactory rulings for most of the parties involved. Egyptian courts are divided according to the following jurisdictions:
– Jurisdiction of the Courts: Jurisdiction is defined by the nature of the dispute which includes the Administrative Judiciary (Council of State) and the regular judiciary. The regular judiciary includes:
Civil Courts: Specialized in civil cases that are not related to commercial or criminal matters.
Commercial Courts: Specialized in disputes related to commercial matters, typically arising between merchants and relating to their trade.
Economic Courts: Specialized in cases concerning economic and financial activities.
Labour Courts: Specialized in labour disputes, usually between employees and employers.
Criminal Courts: Specialized in criminal cases.
Family Courts: Handle personal status cases, such as divorce and inheritance.
Specialized and Value-based Jurisdiction: Jurisdiction is determined based on the type of case and the value of the claim. For example, district courts hear civil and commercial cases with a value not exceeding EGP 200,000, while primary courts handle cases with higher values.
Local Jurisdiction: Local jurisdiction specifies the court to which a case should be brought, often based on the defendant’s residence or the location of the disputed property.
– Right to Appeal Judgments in Egypt
Egyptian law recognizes that judicial rulings may contain legal errors, which is why it allows the losing party to appeal decisions made by the courts within specific timeframes. Appeals can be filed in various ways, such as through a lawsuit for appeal or cassation, according to the provisions of procedural laws or specific laws related to each type of case.
It is crucial for parties involved in a case to present the verdict to a specialized lawyer immediately after it is issued. The lawyer will carefully review the judgment and assess whether it is possible to file an appeal, either through an appeal or a cassation. Missing the appeal deadlines could render the judgment final and enforceable, potentially forfeiting the opportunity to amend or change the ruling. Therefore, it is important for individuals and businesses to work with a specialized lawyer to ensure their rights are preserved and to receive expert legal advice.
– Appeal Deadlines
Civil and Commercial Courts: Appeals must be filed within 40 days of the judgment date. For urgent matters, the appeal deadline is 15 days. Cassation must be filed within 60 days.
Criminal Courts (Misdemeanours): Appeals must be filed within 10 days of the ruling, or through opposition if the judgment was in absentia.
Administrative Courts (Council of State): Appeals must generally be filed within 60 days from the judgment date.
Conclusion
In conclusion, litigation remains the primary path for resolving disputes in Egypt. Parties involved in a dispute must resort to national courts unless there is an agreement to opt for arbitration or mediation. The Egyptian judicial system is well-structured to promote justice and reduce the chances of judicial errors.
A lawyer specialized in litigation plays a crucial role in determining the competent court to handle a dispute from the outset. Properly selecting the court helps avoid delays due to filing in an incompetent court, which could extend the duration of the dispute and negatively impact the case’s progress. The lawyer’s role is also essential in providing legal advice at all stages of the litigation process, including during the appeal stage.
By presenting verdicts to a specialized lawyer immediately after they are issued, individuals and businesses can evaluate their options to appeal. Failure to consult a lawyer within the prescribed appeal deadlines could lead to missed opportunities for challenging the judgment, causing it to become final and enforceable, to the detriment of the losing party.
Collaborating with an experienced lawyer helps ensure that legal rights are protected and prevents the negative consequences of missing appeal deadlines or filing in the wrong court. Therefore, seeking timely legal advice is a crucial step in achieving justice and safeguarding rights within the Egyptian judicial system.