Mohamed F. Sweify Examines the Doctrines and Practices for Third-Party Arbitration Funding in Egypt

New York attorney Mohamed F. Sweify recently published an in-depth analysis in the International Journal of Arab Arbitration on the doctrines and practices of third-party funding (TPF) in international arbitration under Egyptian law. His article investigates how Egyptian law can embrace the global development of TPF, noting that while TPF is not explicitly prohibited under Egyptian law, it is also not directly regulated in current statutes.

To fill this gap, Mohamed's article is one of the first to offer a comprehensive framework for concluding and performing TPF agreements to finance arbitration claims while complying with the current applicable substantive, regulatory, and ethical rules under Egyptian law.

Mohamed distinguishes TPF from other financial arrangements under Egyptian law and explains that TPF involves funders covering legal costs in exchange for a share of a successful claim. His article reviews recent developments, such as the 2024 Cairo Regional Centre for International Commercial Arbitration (CRCICA) Rules introducing TPF disclosure requirements. It also discusses the possible challenges to performing TPF agreements in arbitration-funded disputes in Egypt while offering recommendations on navigating these challenges to comply with the applicable laws in Egypt.

Mohamed addresses key issues, including the legality and enforcement of TPF agreements, ethical considerations for the attorney-client relationship, document production and disclosures of TPF materials, and the challenges of enforcing funded arbitration awards. He also explores the potential of TPF to improve access to justice and attract international arbitration to Egypt, and recommends best practices for funders and legal professionals to conclude and perform TPF agreements under Egyptian law.

Read the full article on the Wolters Kluwer website (subscription required).

• "Third Party Arbitration Funding in Egypt: Doctrines & Practices," International Journal of Arab Arbitration, (Volume 16, No. 2 – 2024, 2025)