A recent decree by the Minister of Justice no. 8548 of 2020 published on 10 December 2020 has provided a much needed regulatory framework for e-filing litigations by inaugurating an electronic registry for litigation before the Egyptian Economic Courts (the “Decree”). This come after landmark amendments to the economic courts law (no. 120 of 2008 as amended by Law no. 146 of 2019) allowing litigants to file suits and notices electronically. However, the application of e-filing before the economic courts was contingent upon issuing regulations on the electronic registry. As such, this Decree puts into motion a true and important shift in the Egyptian judicial system and one that will likely herald a digital transformation across all branches of the judiciary.
Article 1 of the Decree creates a unified electronic registry to record the chosen e-mail addresses for individuals and entities willing to receive the electronic litigation service, in order to be notified electronically of all case procedures. This article specifically aims to apply the economic courts law’s definition of the registry.
While articles 3-6 of the Decree lists the procedures required by public and private entities to be registered in the electronic registry, including the documents required for registration by individuals, ministries, public entities, governorates, banks, companies, law firms, etc.
It is worth mentioning that the Decree distinguishes between two categories of individuals and entities: there are entities that must be registered on the electronic registry, primarily entities that concerned with the application of the economic courts law, including public entities and authorities, local and foreign companies, and law firms. There are also entities that may register on electronic register, namely any individual who so chooses. Those wishing to register on the electronic register may do so on the economic courts’ electronic litigation website www.eecourts.gov.eg
The Decree stipulates that an electronic notification sent to a registered person or entity shall be deemed as received from the date that the notification was sent. This important effect aims to eliminate all notification issues due to clerks or bailiffs’ delays. As soon as an electronic notification is sent, all its legal effects and any related procedural duration take immediate effect.
This Decree is part of a larger initiative to digitize and modernize the judicial system in order to streamline procedures and reduce delays thereby making the judiciary far more accessible and less corrupt.
If you have any questions, please do not hesitate to contact our team members Mr. Osman Mowafy, Dr. Radwa Magdy and Youssef Sallam.
