The Supreme Committee for Advising

On 24 April 2019, the Prime Minister issued a decree amending the composition and powers of the Supreme Committee for Advising on International Arbitration Cases (the “Committee”),[1] established and reorganized in 2013 and 2014 respectively. The new Prime Ministerial Decree significantly changes the composition of the Committee while simultaneously expanding its powers and clarifying that the arbitration cases that it is tasked with studying and opining on are both commercial and investment arbitration cases that involve the government of Egypt or a public entity or a state corporation.

Amendments to the Committee’s Composition

The new formation of the Committee includes the Assistant Minister of Justice for International Arbitration and Disputes in addition to representatives of the ministries of Defence and Interior, the Administrative Control Authority, and the General Intelligence. In practice, this means that the Committee is more likely to have a stronger leverage. A few members that were part of the Committee under the 2014 Prime Ministerial Decree are also dropped, including, notably, the representative of the administrative authority involved in the dispute.[2]

Amendments to the Committee’s Mandate

The mandate of the Committee has not been significantly changed from that set in 2014. The main functions of the Committee include:

• Giving advice on the strategy and the legal submissions and evidence filed on behalf of the state in arbitration cases; and
• Suggesting amicable resolution among the parties and entering negotiations to realize it.

Furthermore, the new Decree adds some clarity to the work of the Committee, explicitly mentioning that its mandate covers both commercial and investment arbitration and that it extends to cases in which the state is not a direct party, but where it is indirectly involved by virtue of one of its authorities or its companies being a party. However, one of the issues that remain unclear is the theoretical and practical power of the Committee and whether it is mandated to reject certain defence strategies or submissions. Notably, the recent Decree stipulates that the Committee’s decision will be binding on all administrative authorities, once it has been approved by the Cabinet of Ministers. This likely means that the decisions of the Committee will be critical in deciding on strategy and legal arguments in arbitration cases. Finally, it is important to note that both the 2014 and 2019 decrees stipulate that no administrative authority may undertake any action with respect to an arbitral dispute without reverting to the Committee.   [1] Prime Ministerial Decree No. 1062/2019 regulating the Supreme Committee for Advising on International Arbitration Cases, Official Gazette, Issue No. 16 (bis) (i), 24 April 2019. [2] Prime Ministerial Decree No. 1255 /2014 forming the Supreme Committee for Advising on International Arbitration Cases, Official gazette, Issue No. 28 (bis) (b), 16 July 2014.