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Expedited and Electronic Arbitration under the 2025 Rules of the Egyptian Center for Arbitration and Settlement of Financial Disputes

Expedited and Electronic Arbitration under the 2025 Rules of the Egyptian Center for Arbitration and Settlement of Financial Disputes

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Expedited and Electronic Arbitration under the 2025 Rules of the Egyptian Center for Arbitration and Settlement of Financial Disputes

Introduction

In light of global digital transformations, technology has become a central element in various activities, including dispute resolution mechanisms. In this context, the Prime Minister issued Decision No. 3723 of 2025 amending the Statute of the Egyptian Center for Voluntary Arbitration and Settlement of Non-Banking Financial Disputes.

This decision comes in step with the rapid technological developments in the financial services sector, reflecting the Egyptian state’s belief in the importance of digital transformation in dispute resolution and its pursuit of alignment with international developments in a manner that contributes to creating an attractive investment environment, through the addition of two new annexes to the Center’s statute: the first concerning expedited arbitration rules, and the second dedicated to electronic arbitration rules.

First: Legal Framework and Scope of Application

The decision was grounded in an integrated legislative framework, encompassing the Egyptian Constitution, the Arbitration Law in Civil and Commercial Matters, the Law Regulating Electronic Signatures, and the laws governing the supervision of non-banking financial markets and instruments.

The decision set out the conditions for the application of the electronic arbitration rules as follows:

  • Written Agreement: The parties must agree in writing to settle their disputes in accordance with electronic arbitration procedures.
  • Dispute Value: These rules apply to disputes whose value does not exceed thirty million Egyptian pounds (or its equivalent) at the time of filing the claim, with the possibility of increasing this limit by a decision of the Center’s Board of Trustees.

Second: Technological Infrastructure and Digital Platform

The decision obligated the Center’s Board of Trustees to establish an integrated technological infrastructure, ensuring the effectiveness and security of electronic arbitration procedures, specifically including:

  • Providing a secure electronic arbitration platform to conduct all procedures.
  • Ensuring the confidentiality of information, data, and submitted documents through advanced technological protection and security measures.
  • Establishing precise mechanisms to verify the identity of parties authorized to access the platform.
  • Developing contingency plans to address any technical malfunctions or glitches that may occur in the applications used.

Third: Digital Litigation Procedures

All stages of the arbitration process are conducted through the electronic means specified by the Center, including:

  • Filing the notice of arbitration,
  • Submitting the responses,
  • Exchanging memoranda and documents.

The most prominent features of these procedures include:

  1. Official Timing: The time of uploading documents to the platform is considered the legally recognized time of submission.
  2. Real-Time Access: The platform enables parties to view all documents, procedures, and amendments instantly and continuously.
  3. Session Management: The arbitral tribunal may conduct hearings, hear witnesses, and receive expert testimony through the electronic arbitration platform, provided that the parties are notified of the session date at least one week in advance.

Fourth: Session Documentation and Data Preservation

The decision permitted the recording of session proceedings using technological means, ensuring the right of the tribunal and the parties to obtain copies. The Center is also obligated to preserve the integrity and security of all data, documents, and electronically submitted session records for a period of six months from the date of issuance of the arbitration award.

Fifth: Issuance and Authority of the Arbitration Award

Despite the electronic nature of the procedures, the decision emphasized ensuring the full legal authority of the arbitration award; accordingly, the Center is committed to the following:

  • Sending an original hard copy of the award to each party, signed in wet ink by the arbitrators.
  • Sending an exact electronic copy through the electronic arbitration platform.

Conclusion

This decision represents an advanced regulatory step reflecting the state’s approach toward digital transformation in the alternative justice system, particularly in the field of non-banking financial disputes.

In this context, we at Shura Law and Arbitration Firm affirm our commitment to keeping pace with legislative and technological developments, and to providing specialized legal support to our clients in the field of electronic arbitration, ensuring the protection of their rights and the adoption of best practices in line with national and international standards.

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