How to enforce foreign judgments in Egypt

Legal expert Mohamed Abdel Nasser affirmed that Egypt seeks to implement foreign judgments based on clear legislative foundations and consistent judicial practices, making it one of the countries most committed to private international law and the implementation of judicial rulings issued abroad.

He explained that the Egyptian Civil and Commercial Procedure Law stipulates that, in order to enforce a foreign judgment, an enforcement order must be issued by the competent Court of Appeal, after verifying several legal conditions, the most important of which are:

The judgment must be final and not subject to appeal. The notification of the parties before the foreign court must be valid.

The foreign court has jurisdiction to hear the case in accordance with the rules of special international jurisdiction.

The ruling does not conflict with public order or public morals in Egypt.

He added that Egyptian courts do not reconsider the subject matter of the case when requesting enforcement of a foreign judgment, but rather suffice with formal oversight of the judgment, which enhances confidence in the principle of the binding nature of foreign judgments and facilitates their enforcement within Egypt, especially in commercial, civil, and family cases such as alimony, custody, visitation, and divorce.

He pointed out that Egypt is a key member of the 1983 Riyadh Agreement for Judicial Cooperation, which includes 20 Arab countries and obliges the parties to implement civil, commercial and personal status judgments without requiring “reciprocity,” thus providing speed and legal flexibility in implementation among Arab countries, including: Saudi Arabia, the UAE, Qatar, Kuwait, Bahrain, Jordan, Sudan, Tunisia, Algeria, Iraq, and others.

وكنداHe also referred to the 1999 Consular Cooperation Agreement between Egypt and Canada, which regulates international family disputes, such as visitation, custody, and guardianship, and ensures the exchange of consular information, in an important step to protect children and regulate cross-border family relations.

Lawyer Mohamed Abdel Nasser stressed that the principles of the Hague Conventions, especially the 1996 Convention on the Protection of Children and the 2019 Convention on the Recognition and Enforcement of Foreign Judgments, have become a unified international reference for bringing legal systems closer together and facilitating mutual judicial recognition.

He also pointed out the existence of a strong bilateral agreement with the Republic of Italy, pursuant to Presidential Decree No. 80 of 1978, concerning the recognition and enforcement of judgments in civil, commercial and personal status matters, which was published in the Official Gazette on November 5, 1981, and is still considered one of the most prominent successful models in the field of bilateral judicial cooperation.

Abdel Nasser stressed that the agreements mentioned are just examples, as Egypt is bound by a large number of bilateral and multilateral agreements, whether at the Arab, European or international level, which strengthens its position as a country that adheres to the provisions of private international law and respects the principles of international justice.

In concluding his article, Professor Mohamed Abdel Nasser – an Egyptian lawyer, legal consultant, and member of the Egyptian Bar Association – affirmed that the Egyptian system for enforcing foreign judgments contributes to protecting rights across borders, enhancing confidence in the legal and investment climate in Egypt, and preserving the family rights of citizens and residents alike. He emphasized that this legislative and judicial progress makes Egypt an attractive and respected legal environment internationally in the field of enforcing judgments issued from abroad.