In the context of international commerce, it is increasingly common for foreign individuals or companies to contract with Egyptian nationals. When an Egyptian party breaches a contract executed abroad and a foreign court issues a judgment against them, complications arise if the Egyptian party relocates to Egypt and attempts to avoid enforcement of the judgement
Despite the absence of an extradition treaty, Egyptian law provides a legal pathway for foreign plaintiffs—through Egyptian attorneys—to enforce foreign judgments and compel payment using the domestic legal system.
I. Receiving and Legalizing a Foreign Judgment in Egypt
To enforce a foreign court judgment (e.g., from China or European countries) in Egypt, the following steps must be followed
Obtain the Official Judgment:
Request a certified copy of the final foreign judgment from the issuing court.
Authenticate the Judgment Abroad:
Legalize the judgment through:
The court or Ministry of Justice in the issuing country.
The foreign country’s Ministry of Foreign Affairs.
The Egyptian Embassy or Consulate in that country.
If the country is party to the Hague Apostille Convention, an Apostille stamp may replace full legalization.
Authenticate the Judgment in Egypt:
Submit the foreign judgment to the Egyptian Ministry of Foreign Affairs for local authentication and recognition.
II. Filing a Lawsuit in Egyptian Courts to Enforce the Foreign Judgment
File a “Foreign Judgment Enforcement Lawsuit” before the Court of First Instance in the district where the Egyptian debtor resides.
Required Documents:
The legalized and translated foreign judgment.
Proof that the judgment is final (not subject to appeal).
Power of attorney from the foreign party to the Egyptian lawyer.
Proof that the Egyptian party was properly notified in the foreign court proceedings.
Copy of the original contract (if available).
Judicial Review and Enforcement:
The Egyptian court verifies:
Jurisdiction of the foreign court.
Compliance with due process.
Absence of conflict with Egyptian public order.
Principle of reciprocity (though not strictly required in all cases).
If accepted, the court issues a ruling to execute the foreign judgment in Egypt.
III. Enforcement Through the Egyptian Legal System
Once the judgment is recognized:
Obtain an Executory Writ (صيغة تنفيذية) from the court clerk.
Open an Enforcement File with the Execution Department.
Enforce through Egyptian authorities:
Seize bank accounts, real estate, or vehicles.
Impose a travel ban.
Request police intervention in case of deliberate refusal to pay or if a criminal element exists (e.g., fraud, bounced checks).
File for civil imprisonment if the debtor continues to evade payment after a final enforceable judgment.