Egyptian Public Policy as a Ground for Annulment and Refusal of Enforcement of Arbitral Awards
In contrast with the French approach, the Egyptian Arbitration Law does not explicitly embrace the dichotomy between domestic and international public policy. Yet Egyptian courts have adopted the well-known distinction between domestic and international public policy with respect to conflict of laws, including, mutatis mutandis, recognition and enforcement of foreign judgments and foreign and international arbitral awards. The weak standard of review by Egyptian courts of whether an arbitration award complies with public policy norms is one of the reasons why Egypt has become an arbitration-friendly seat. A comprehensive review of Egyptian case law illustrates the rejection by the courts in Egypt of the public policy exception, save in very exceptional circumstances.