Key points
- Economic Court jurisdiction depends on the law the dispute arises under, not on who the parties are.
- The value of the claim decides whether the case starts before the first instance or the appellate circuit.
- Civil cases pass through a preparation panel that may try to settle the dispute first.
- The courts also hear crimes under the same economic laws.
What are the Economic Courts?
Egypt's Economic Courts were created by Law No. 120 of 2008. They are specialised courts. They hear disputes and crimes linked to a defined list of economic laws. The idea is simple. Cases about companies, investment, banking and markets need judges who work with these laws every day. They also need to move faster than ordinary litigation.
There is an Economic Court within the circuit of each Court of Appeal. Each Economic Court has first instance circuits and appellate circuits. The judges come from the ordinary judiciary.
Which civil and commercial disputes go there?
The test is not who the parties are. A dispute between two companies does not go to the Economic Court just because both are companies. What matters is the law the dispute arises under. The Economic Courts hear civil and commercial disputes that arise from applying specific laws named in the Economic Courts Law and in later legislation. Examples include:
- Companies law, including disputes between shareholders and with company management
- Capital market and securities laws
- Banking law
- Investment law
- Intellectual property law, such as trademarks, patents and copyright
- Consumer protection and competition laws
- Electronic signature, telecommunications, financial leasing and mortgage finance laws
- Bankruptcy and restructuring of traders
Where is the line in practice?
A dispute over an ordinary supply contract between two traders usually goes to the commercial circuits of the ordinary courts. A dispute between shareholders over a company's general assembly resolutions, or a claim for infringement of a registered trademark, usually goes to the Economic Court. Some cases sit close to the line. In those cases the court itself decides whether it has jurisdiction.
Before filing, gather the documents that show which law the dispute arises under. These may be the company's articles, the general assembly minutes, a trademark registration certificate or a banking contract. They often decide the question of jurisdiction, so it helps to have them ready from the start.
Jurisdiction by subject matter is generally a matter of public order in Egypt. This means the parties cannot simply agree to send such a case to a different state court. They can, however, agree to arbitration for matters that may be settled by agreement. If they do, and the other side raises the arbitration agreement in time, the court will not hear the merits.
Does the value of the claim matter?
Yes. The value decides which circuit hears the case first. Claims up to a value set by law start before the first instance circuit. Its judgments can be appealed to the appellate circuit. Claims above that value go directly to the appellate circuit, which then sits as the court of first instance.
The threshold has been amended since 2008. Check the figure in force before you file. In some cases a further challenge before the Court of Cassation is possible, under conditions set by law.
How does a case run in practice?
Before a civil case reaches the judges of the circuit, it goes to a case preparation panel. This panel of judges examines the file and hears the parties. It tries to bring them to a settlement or to narrow the points in dispute. If there is no settlement, the panel prepares a report and the case moves on to the circuit. The aim is a shorter trial.
The Economic Courts also hear urgent and interim requests linked to the laws within their jurisdiction. Filing and some steps can now be done electronically. Expect the court to want your documents early: contracts, company records, correspondence and any expert evidence you rely on.
Do the Economic Courts hear criminal cases too?
Yes. They hear crimes set out in the same family of economic laws. These include offences under the laws on companies, capital markets, banking, intellectual property and consumer protection, among others. For a business, this means one set of facts can lead to a civil claim and a criminal complaint before the same court system. The two tracks follow different rules, so each needs its own plan.
When should you speak to a lawyer?
Speak to a lawyer before you file, to confirm which court and which circuit have jurisdiction. A case filed in the wrong court is usually referred on, but time is lost. Al-Amthal Law Firm has worked in civil and commercial litigation in Cairo since 1977, and Counsellor Sayed Mahmoud Farghaly is admitted before the Economic Courts and the Court of Cassation.
This article is general information, not legal advice. Procedures, thresholds and deadlines change, so get advice on your own case.
Common questions
Is every dispute between two companies heard by the Economic Court?
No. Jurisdiction depends on the law the dispute arises under, not on the type of parties. A dispute that arises from applying one of the economic laws named by law goes to the Economic Court. An ordinary contract dispute between two companies usually goes to the commercial circuits of the ordinary courts.
What happens if I file in the wrong court?
An Egyptian court that finds it lacks jurisdiction generally refers the case to the competent court rather than ending it. The case continues, but you lose time and may face extra costs. Checking jurisdiction before filing, especially for disputes close to the line, avoids this delay.
Can a foreign company bring a case before the Economic Courts?
Yes, if the dispute falls within their jurisdiction and Egyptian courts can hear it. The company acts through a lawyer admitted in Egypt, under a power of attorney that has been properly authenticated. Documents in foreign languages usually need an official Arabic translation before the court will rely on them.
This guide gives general information about Egyptian law. It is not legal advice, and procedures and deadlines change. Speak to a lawyer about your own case.