In a recent decision rendered on 9 May 2023, the Egyptian Court of Cassation recognised the applicability of soft-law while deciding on an issue pertaining to the arbitrators’ impartiality and independence and the obligation to disclose. In its decision, the Egyptian Court of Cassation referred to the IBA Guidelines on Conflicts of Interest in International Arbitration, stating that it “guides the judiciary in many countries.” The Court cited two situations of those provided in IBA Guidelines Green List as “examples of non-exclusive cases and situations that should not raise doubts among the parties to the dispute as to the arbitrator’s impartiality and independence.”
Among a number of other issues the Court addressed in the same decision, it stated as well that a party does not have the right to evade the arbitration clause whereby it agreed to subject the arbitration proceedings to the CRCICA Rules, what entails acceptance of the powers and decisions of this institution. The Court also referred to CRCICA as “an independent international organization,” whose credible website contains reliable information that constitutes part of public domain.
In its ruling, the Egyptian Court of Cassation decided to reject the challenge filed against the Cairo Court of Appeal ruling that rejected the set aside lawsuit against the final arbitral award rendered under the auspices of CRCICA.
[The Egyptian Court of Cassation, Challenges Numbers 7913 and 13996 of the Judicial Year 91, 9 May 2023] Read the full translated version of the decision.
