The Ministry of Supply and Internal Trade
Resolution No. 572 of 1988
Regulation of Conciliation and Arbitration in the General Federation for Chambers of Commerce,
Cairo and Alexandria Chambers
Issued on 09.08.1988
Minister of Supply and Internal Trade
- Having regard to Law No. 189 of 1951 on Chambers of Commerce.
- In addition to Law No. 13 of 1968 on Civil and Commercial pleadings.
Decision
(General provisions)
Goal of conciliation and arbitration procedures in this regulation is to solve trade disputes between
parties promptly.
The conciliation proceedings are intended to settle disputes eliminating need to resortto legal
formalities.
The goal of arbitration is to settle disputes between parties by the arbitral tribunal in
the Chamber of Commerce de Terminator dispute.
The arbitral tribunal will be formed depending on whether the parties are all members in
the Chamber or not. This varies in each case.
First: Conciliation proceedings:
1 – release a desire for reconciliation in writing between any of the parties and punctuated in
Secretarial Authority (General Federation of Chambers of Commerce) orthe Chamber of Commerce
(Directorate General for conciliation and arbitration)and attached to the application a comprehensive
memorandum with the aspectsof the conflict and a copy of the supporting documents. The submitter
must include that this is subject to the provisions of the arbitration and conciliation procedures
set forth in these regulations.
2 - When one party offers conciliation request, the General Secretariat of the Union of Chambers
of Commerce or the Chamber (the General Administration of Conciliationand Arbitration) notify
the other parties.
- Approval of the other party to accept conciliation in accordance with the provisions of theseregulations
- That the other party is to submit a brief note supported by documents. In the case of acceptance
by the other party to the conciliation proceedings, the Secretarial Union or Chamber
(the General Administration of Conciliation and Arbitration) is to notify the applicant
to the foregoing. In the case of rejection of the other party to accept the conciliation proceedings,
the secretarial General Union or Chamber notify the in demand that it does not continue
the proceedings.
3 - If all the parties accept the conciliation proceedings provided for in this Regulation,
President of the Federation or the Chamber shall appoint one of the arbitrators listed
in the Union lists in this regard, provided that he is completely neutral and notifies all parties
who have the right to challenge his appointment within a week.
In the case of objection, President of the Federation or the Chamber introduces five names
on the parties so they can choose one of them as a mediator to examine the documents
and has to take what it takes to reconcile the parties and hold discussions and meetings
to hear witnesses and request written explanations.
4 - The mediator provides proposals for conciliation between the parties in writing.
5 - If the parties accepted the mediator's proposals, this should be released in writing and
signed by all parties.
6 - In the case of non-arrival to an agreement, the mediator has to submit a report to the President
of the Union or the Chamber to finish his mission and the parties may in this case recourse
to arbitration proceedings.
The proposals made to reconcile are not considered binding for any of the parties to the arbitration
thereafter.
Second: the arbitration proceedings:
1 - A request for arbitration is submitted to the President of the Union or the Chamber
(Secretarial arbitration) if all parties from one Chamber chose an arbitrator of the chamber
statements in this regard.
If not all the parties are chamber members, they choose one of the arbitrators from the existing
lists for this purpose from different disciplines.
2 - when determining the arbitrator the secretary of the arbitral tribunal shall notify the parties
concerned to choose two of the four arbitrators nominated by the President of the Federation
or the Chamber from the list created for it.
With the consent of all parties to the arbitral tribunal shall consist of five arbitrators in this case
each of the parties may nominate another arbitrator from the list prepared for that.
3 - In the case of the president of the arbitration refused to accept arbitration the President
of the Federation or the Chamber or the General Authority for Arbitration may set another one
within three days and notify all parties.
4 - The secretary of the arbitration tribunal edits a document identifying the subject of the dispute
and support there for and acceptance by the parties to the rules and procedures governing
the arbitration chamber.
5 - Rules of Articles 501 to 513 pleadings on arbitration rules apply betweenChambers
and non-members.
6 - The parties of the arbitration submit to the Secretariat of the arbitration a decision to accept
a charter party arbitration, which should include details of the claim and the legal justification.
7 - No objection shall be made on the arbitrators selected, except for reasons of the positive response
of the judiciary in Article 148 proceedings.
8 - The arbitration proceedings should be verbally or in writing, and may be agreed to be made
in writing only.
9 - If one of the parties did not submit a full defense to the arbitral tribunal, the Chairman of
the authority may notify with a recommended letter mentioning the need to respond within fifteen days
to the opposing defense. He sets another hearing to prepare the defense and if this party does not
attend the arbitration is conducted in that condition.
10 - President of the tribunal determines a date for the decision and if he does not do so in the set date,
the provisions of the pleadings law are followed.
11 - Each of the Federation of Chambers of Commerce and the Cairo and Alexandria Chambers
prepare a list of all arbitrators nominated in all disciplines. It can follow the guidance of ministries,
trade unions, and bodies.
12 – The Arbitration expenses are determined as follows: -
A - Disputes of specific value (5%) of the amount awarded, with a maximum of 500LE
B - The fee of unspecified disputes is fixed at 200LE,
which are paid while requesting for arbitration on the basis of the amount claimed and then settled
at sentencing, according to what it stipulates.
13 - The arbitrators' fees are determined by the parties of the conflict through agreement. If they fail to
agree the fees are defined such as follows:-
In non-specific disputes: 500LE for the head and 250LE for the member, set at 1% of the amount
awarded with a minimum of 300LE and a maximum of 1000LE for the head,
whilst the member receives half of the president’s amount.
The arbitrators' fees are deposited at the treasury of the place of arbitration in advance based
on the amount claimed and then settled after the verdict.
14 - This decision if officiated since the date of its publication in the Egyptian gazette on
Issued in 08/09/1988
Minister of Supply and Internal Trade
- Documents required for the establishment of conciliation and arbitration: -
- First: Conciliation:
1 – A request is submitted to the president of the chamber calling for conducting a conciliation procedure
between the submitter and other party (parties), which shall be named in the request and his address
mentioned. The following should be attached:-
A - A brief note indicating the nature and aspects of the conflict and supporting documents copies.
The requests from the other parties shall be mentioned.
B – Admission by the submitter that he accepts the rules and procedures of Conciliation and Arbitration.
- Second: Arbitration: -
- The party submitting the request for arbitration shall request from the president of the Chamber to hold
an arbitration session between himself and the other party (parties) pointing out the name and
address. The following papers should be included:-
A - A comprehensive note to the conflict aspects and a claim against the other party and copies
of the documents.
B - a copy of the contract that ignited conflict (preferably to be within its text items that in the event
of a dispute, it is subject to the arbitration rules of the General Federation of Chambers of Commerce).
C – Admission by the submitter that he accepts the Rules and procedures of Conciliation and Arbitration.
D - Deposit 2,500 LE (two thousand five hundred pounds) at the chamber’s treasury as collateral
for the seriousness of the arbitration request.
Note: Both arbitration parties can choose the arbitrator from outside the list of arbitrators at
the Chamber and the European Union in this case the name of the arbitrator and the address
that will be messaging.
