The Egyptian Maritime code 88/90 is in accordance with the collision Regulations. In addition Egypt is a signatory to the Brussels Collision Convention 1910.
Egypt is a party to the 1976 limitation convention. Egypt has ratified the York-Antwerp rules.
The Egyptian law on General Average is set out in law No.8/90 Articles 317, 319, 320, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338 and 339.
The York-Antwerp rules would apply under local law even if they were not expressly referred to in the contract.
Any debts in respect of GA are considered first class debts.
The time limit for GA disputes is 2 years from the vessel’s arrival. This time limit can be interrupted by the appointment of an adjuster. If this occurs there is a new time limit of 3 years from the date of GA.
Egypt has ratified SOLAS and the Athens Convention.
The time limit for personal injury claims in Egypt is 3 years from the date of injury.
The pilotage act no. 26/89 covers pilotage within the scope of the port of alexandria and Dekhila. Article 8 of the pilotage Act No. 26/89 states that the ship will be liable for any injury to the pilot while embarking or disembarking the vessel. It provides as follows:
The vessel is liable for harm sustained by the pilot while mounting or dismounting, thus all indemnities occuring from this consequence are borne by the ship.
The Criminal Action:
The criminal action is filed by the complaining party throught the Port police and before the public prosecutor. The public prosecutor files the matter before the Criminal Court for the accused to be tried/sentenced. The period of imprisonment and the amount of the penalty to be subject to the degree of the crime based on the Criminal Prosecution act duly amended by law no. 174/98.
The Civil Action:
The criminal proceedings will strengthen the claim for compensation based on civil liability. The amount of compensation will depend on wether the injured party was insured, the percentage of disability, their age, position, year’s of experience, number of years of employment ahead of them, their social status and whether they were married and had children. Ultimately, the level of compensation is at the discretion of the court. In P&I cases the courts will very often be looking at the applicable law under the contract.