Mixed Courts of Egypt

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The Mixed Courts of Egypt (Arabic: المحاكم المختلطة, transliterated: Al-Maḥākim al-Mukhṭaliṭah, French: Tribunaux Mixtes d'Egypte) were founded in October 1875 by the Khedive Isma'il Pasha. Designed by Nubar Nubarian Pasha to be part of the Khedive's great plans for Egypt, the Mixed Courts led to a radical reform of Egypt's chaotic nineteenth century legal system, where Consular courts competed with Government tribunals and religious courts for jurisdiction. The completion of the Suez Canal (1869) and the development of the cotton trade had attracted many foreign interests and foreign nationals to Egypt.

The Mixed Courts had Codes, based on a civil law format inspired by the French Civil Code and British common law but with significant Islamic and local principles. Without suppressing the Consular courts - which would have been diplomatically impossible - the Mixed Courts were intended to streamline legal issues between foreign nationals, and between foreigners and Egyptians. Three courts were established in Cairo, Mansoura and in Alexandria; the proceedings were held in French. Judges were appointed by the Khedive from leading Egyptian and foreign candidates. "The judiciary was at all times under the authority of the rulers of Egypt."^[1] There were three districts.^[2]

The establishment of the courts, hearing disputes between Egyptians and foreigners and between foreigners of different nationalities, was so successful that new, so-called Native courts were set up in 1883, after the British Occupation of 1882. The 1883 Codes were based on those of 1875, and the judges, mostly Egyptian, tended to follow the Mixed Courts’ interpretation of the law.

The Mixed Courts, by being the foremost judicial authority between 1875 and 1949 (when their functions were transferred to new National Courts) sat in times of political and social change in Egypt. Their decisions reflect the human and commercial history of the area, and involved complicated issues of law. The problems of sovereign immunity, sequestration of enemy property, international banking and maritime commerce were shadowed by the recognition and enforcement of divorces, legitimacy, and marriage contracts affecting people of different religions and nationalities. In between were a whole range of the usual types of legal disputes, such as trademarks and patents, and industrial injuries, without any developed theories at all that could be drawn upon for inspiration, either from inside or outside the country.