Can Egyptian Courts Arrest a Vessel Despite a Foreign Arbitration Agreement?
Prepared by the Maritime & Admiralty Team at Soliman Advocates
This article has been prepared by the firm's maritime lawyers as part of Soliman Advocates' Maritime Legal Insights series, drawing on the team's experience in Egyptian maritime law and shipping disputes.
A maritime contract may provide for disputes to be referred to arbitration outside Egypt or to a foreign court.
This raises an important question: Does such an agreement prevent the Egyptian courts from granting an interim arrest of a vessel located in Egypt?
The existence of a foreign arbitration or jurisdiction agreement does not, in itself, prevent a party from approaching the Egyptian courts for interim or conservatory measures intended to be carried out in Egypt.
The Egyptian courts may have jurisdiction to grant such measures, including the arrest of a vessel, even where the Egyptian courts do not have jurisdiction to determine the merits of the underlying dispute and where the merits are to be determined by a foreign arbitral tribunal.
Accordingly, a foreign arbitration or jurisdiction clause does not, by itself, prevent a claimant from seeking the arrest of a vessel located in Egypt, provided that the applicable legal requirements for arrest are satisfied.
Prepared by: Ship Arrest & Vessel Release Department – Soliman Advocates
Legal Disclaimer
This article provides a general overview and does not constitute legal advice. Ship arrest procedures, requirements, defenses, and consequences depend on Egyptian maritime law, specific facts, supporting evidence, court procedures, and timing. Urgent legal advice should be obtained before arresting a vessel or defending against arrest proceedings.
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