The “Deemed” Internationalisation of Arbitration under Egyptian Arbitration Law No. 27 of 1994 – Considerations Beyond Hope and Fear

Abstract

This article tackles a highly debated topic in Egyptian arbitration circles – the “deemed internationalisation of institutional arbitration.” The article provides a succinct theoretical overview of the notion of “internationalisation” in a comparative context and offers an in-depth analysis and critique of the “actual” vs. “deemed” internationalisation under Egyptian Arbitration Law No. 27 of 1994. It also explains the relevant criteria under Article 3 of the Egyptian Arbitration Law and discusses the ramifications of characterising an arbitration as “international” as opposed to “domestic” in cases where the Egyptian Arbitration Law is the lex loci arbitri.