HIGHLIGHTS

Minister of Justice Decrees No.3066 and 3067 of 2021 issued on 20^th of May - hereby referred to them as “the Decrees”- finally come into light in order to regulate and organize the expertise assigning in litigation before Egyptian Economic Courts EEC. More precisely, the two decrees aim to adopt and apply new rules of law concerning the e-filing integrated -for the first time in the Egyptian Judicial System- by Law No.146/2019 amending some provisions of the Economic Courts Establishment Law No.120/2008.

It is worth mentioning that these Decrees come as the second step in an important procedure-adapting Path in EEC history, establishing a new era in the Egyptian Judicial system. The first step as we may mention was in December 2020 when Ministry of Justice Decree adopted the Electronic Register as an open alternative to litigants willing to be legally notified through electronic methods concerning matters before EEC.

As a step forward in e-litigation Pathway, the Decrees aim to create an Experts Electronic Registry before EEC, precise its governing rules and procedures, as well as determine the calculation of experts’ fees.

The following note highlights the application, consequences, and the effects of these Decrees.

Consequences and effects of introducing the Expertise Electronic Registry:

The decrees have 3 mains innovations as following:

• The transformation toward e-registration of the experts, as well as their e-assigning to each matter before EEC in a totally automated procedure without physical intervention and based only on their role in the e- registry.
• The mandatory possession of an e-signature in order to register as an expert before It is worth mentioning that this great step is the first recognition and use of e-signature in Egyptian judicial system. Hopefully, this step will lead to a full adoption of e-signature on all levels especially for both judges and litigants.
• Finally, the Decree introduces for the first time a new alternative – if both parties agree- the expert/ committee of experts can have his meeting with parties through “videoconference and based on the technical system available at the EEC examining the matter”, as mentioned in art. 8 of decree No. 3066/2021.

SCOPE OF APPLICATION

These decrees apply only to experts registered before Economic Courts.

Features of the Decrees:

1. On one hand, according to its 2^nd article, Decree No. 3066/2021 listed judicial authorities that can assign expert(s) to examine technical missions related to cases. Those authorities are: the Court examining the matter, preparation committee, bankruptcy administration or its judges, judges issuing orders, and enforcement judges. Moreover, parties can also agree to assign expert(s) upon confirmation given by judicial authority to their choice.
2. On the other hand, an e-registry is introduced by the Decree to the e-litigation system of each economic court, in which experts will be listed, aiming to transform the expert(s)’ assigning into an automated e-procedure as well as the expert(s)’ notification. In addition to that, experts before EEC have from now on the obligation to declare to the e-litigation responsible his e-mail and mobile number to contact him directly in case he is assigned to a matter.

• Moreover, in case an assigned expert is unreachable, or he requests his withdrawal from the case, the following expert in the e-registry will be directly assigned within 2 working days as mentioned in art. 6 of the Decree, using for this purpose a complete electronic automated procedure.

3. Finally, expert/ committee of experts shall now write both its report and proceedings record in 2 copies: a material one in addition to an electronic copy signed by his e-signature that must be deposited in the clerk of the court having the authority to receive e-files.

EXPERTISE FEES

Decree No.3067/2021-abrogated previous decree No.3997/2009- aims to determine experts fees in a proportional method regarding the matter nature, by introducing the following distinction:

1. Concerning cases with known value not exceeding EGP 10 million: expert(s) fees shall be EGP2000 to a maximum of EGP10 000.
2. Cases whose value is unknown or exceeding EGP10 million: fees shall be EGP10 000 to a maximum of EGP40 000.

• In the specific case of expert(s) assigned by the judicial authority, fees shall not exceed EGP 6 000.

ENTRY INTO FORCE

The decrees issued on 20^th of May 2020 entered into force on the 4^th of June after being published in the Official Gazette the day before.

Advantages of the Decree

• This Decree comes among several innovation in order to inaugurate the e-justice in the Egyptian Judicial system. This aims to provide both better and easier judicial service to citizens.
• Moreover, it intends to reduce physical interaction between parties and clerks which will lead consequently to administrative corruption’ reduction.
• Finally, the expertise e-assigning will surely fasten judicial procedures by reducing delays occurred by normal methods.