Cairo Court of Appeal, Chamber 7, 9 May 2018, Doosan Heavy Industries and Construction v. Damietta International Port Company SAE and Kuwait Gulf Link Ports International, no. 44-134JY

A decision of the seventh chamber of the Cairo Court of appeal affirmed the recognition of an interim order by an ICC arbitral tribunal seated in Paris, for the stay of liquidation bonds valued more than USD 18 million and arising from a dispute under a contract for the supply of ship-to-shore gantry cranes. The Court considered that the mandatory conditions that must be complied with to obtain enforcement of awards, which includes a translation into Arabic and a deposit with the court, do not apply to interim orders and that a simple ex parte application is sufficient to obtain recognition and enforcement of such an order. Such a decision was following a challenge to a prior court of appeal decision in January 2018 and sets precedent as neither Egyptian law and nor its jurisprudence address the mechanism of enforcing interim measures orders in detail, leading to the rare success of arbitral tribunals applications for interim measures, especially if the arbitral tribunal is seated abroad.

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