3
Arbitration LAW
EGYPT vs CHINA
Introduction
Arbitration Law is formulated to resolve the disputes arises between two or more parties out side the court premesis as per their agreement.
- Confidential and private
- Faster than the domestic jurisdiction and less procedures
- Experts can be chosen as arbitrators, rather thanmore generalist judges
- An Enforceable binding decision
Advantages
INTRO
Egypt
China
National Peoples Congress on August 31, 1994,
promulgated by Order No.31
Law 27 of 1994
EGYPT
VS CHINA
Selection
EGYPT
• According to Art. 10 of the UNCITRAL Model Law on Int. Commercial Arbitration, the parties are free to
determine the number of arbitrators, failure of suchdetermination, the number of arbitrators shall be three.
CHINA
• An arbitration commission shall be composed of one chairman,
two to four vice chairmen and seven to eleven members.
Formation of ArbitrationTribunal
Tribunal
EGYPT
If the arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator and the twoarbitrators shall then appoint the third. If either party fails to appoint his arbitrator within thirty days of arequest to do so from the other party, or if the two appointed arbitrators fail to agree on the third arbitratorwithin thirty days of the date of the latest appointment between the two, the court specified in Article 9 ofthis Law shall undertake the appointment upon request of either party
CHINA
• If an arbitrator cannot perform his duties due to his withdrawal or for other reasons, a substitute arbitrator shall be selected or appointed in accordance with this Law.
• After a substitute arbitrator has been selected or appointed on account of an arbitrators withdrawal, a party may request that the arbitration proceedings already carried out. The decision as to whether to approve it or not shall be made by the arbitration tribunal
Application
Application
EGYPT
• In the Arab Republic of Egypt, the provisions of shall apply to all arbitrations between public or privatelaw persons, whatever the nature of the legal relationship around which the dispute revolves, when such an arbitration is conducted in Egypt.
CHINA
• In China Contractual disputes and other disputes over rights and interests in property between citizens, legal persons and other organizations that are equal subjects may be arbitrated
• However, the following disputes may not be arbitrated:
1. Marital, adoption, guardianship, support and succession disputes
2. Administrative disputes that shall be handled by administrative organs as prescribed by law
Nullity
Nullity
EGYPT
• Arbitration awards are final, binding and subject to no appeal of the merits.
• However, awards can be challenged in actions of nullity, and can be declared null and void.
• Grounds for nullity are set out in the Arbitration Law, and include lack of jurisdiction, breach of public policy, failure to grant a party aright of defense, and excluding the application of the agreed lawgoverning the merits of the claim
CHINA
• An arbitration agreement shall be null and void under one of the following circumstances:
1. The agreed matters for arbitration exceed the range of arbitrable matters as specified by law;
2. One party that concluded the arbitration agreement has no capacity for civil conducts or has limited capacity for civil conducts; or
3. One party coerced the other party into concluding the arbitration agreement