An Analytical Study of the Requirements for Recognition and Enforcement of Foreign Judgments in Egypt

Abstract

The requirements for the recognition and enforcement of foreign judgments in Egypt are laid down in Articles 296 and 298 of the Civil and Commercial Procedure Code. Among these provisions, Article 298(1) has emerged as the most controversial due to its jurisdictional condition. According to the first part of this Article, a foreign judgment may not be recognized or enforced in Egypt if Egyptian courts have jurisdiction over the dispute in respect of which the foreign judgment was issued, regardless of whether that jurisdiction is exclusive or non-exclusive. This condition, when applied without restriction, significantly limits the number of foreign judgments that can be enforced in Egypt, thereby raising concerns regarding legal certainty and international judicial cooperation. The study aims to clarify the scope and interpretation of this jurisdictional requirement, while also examining the other requirements for recognition and enforcement under Egyptian law. Drawing on Egyptian legal doctrine and case law, the paper argues that the jurisdictional restriction in Article 298(1) should be interpreted narrowly, applying only in cases where Egyptian courts have exclusive jurisdiction over the dispute. Such an interpretation would align with comparative legal standards and support a more balanced approach to cross-border judgment enforcement in Egypt.