5 June 2024: Seminar on “The golden judicial heritage of the Egyptian Court of Cassation in maritime arbitration” (in Arabic)
It is rare for maritime transactions not to include an arbitration clause, especially in maritime transport relationships, whether those conducted through bills of lading or charterparties. Despite the relative reform of the legislative framework for maritime arbitration in Egypt, most of its elements were born in the mid-nineties. However, the Egyptian Court of Cassation – and long before that, namely starting the fifties – has not let down maritime arbitration, particularly in supporting the effectiveness of arbitration agreements. Specifically, the court has remarkably taken a firm stance on contentious issues such as: the criteria for incorporated arbitration clause by reference, determining the law applicable to the arbitration agreement, limiting the impact of force majeure on the arbitration agreements, or neutralizing the dispute value concerning the determination of the fate of the arbitration agreement’s enforcement. Decisions on such issues constitute progressive case law, they can be considered in line with modern standards, and truly deserve to be described as a golden heritage due to its valuable scientific value. This value does not stem only from the fact this case law was progressive in its time of creation, but because it also could perfectly satisfy the needs of today.
Moderator: Mr. Taher Hozayen
Speaker: Dr. Nader Ibrahim
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