Advisory Committee

CRCICA has an Advisory Committee currently consisting of a Chairperson, two (2) Vice Chairpersons, and fourteen (14) members appointed by the Director of the Centre from among the members of the Board of Trustees as well as eminent African, Asian and other personalities specialized in the fields of international arbitration, alternative dispute resolution (ADR) mechanisms and international trade.

The term of the Advisory Committee shall be four years, which may be renewed once for a similar term, unless otherwise determined due to special circumstances.

The Advisory Committee shall carry out the functions provided for in the Centre’s Arbitration Rules in force as from 15 January 2024 (the Rules) as well as any other functions that may be referred to in the Centre’s future Arbitration Rules, particularly the following:

a. Providing advice with respect to the Centre’s decision not to proceed with arbitral proceedings in whole or in part, according to article 6, paragraph 2 of the Rules;

b. Providing advice with respect to the Centre’s decision not to proceed with the appointment of any arbitrator according to article 12, paragraph 3 of the Rules;

c. Providing advice with respect to the Centre’s decision to accept or reject the Request for Consolidation in accordance with article 50, paragraphs 1 and 6 of the Rules;

d. Deciding on the removal of arbitrators according to article 13 of the Rules via an impartial and independent tripartite ad hoc committee to be composed by the Centre from among the members of the Advisory Committee without disclosing their names to the parties. The decision shall be made by the majority of votes of the members of the ad hoc Committee in writing, and shall be reasoned, final and unchallengeable;

e. Deciding on the removal of arbitrators according to article 8, paragraph 4 of Annex 3 to the Rules (Expedited Arbitration Rules) via an impartial and independent member to be selected by the Centre from among the members of the Advisory Committee without disclosing his or her name to the parties. The decision shall be made expeditiously by the member in writing and shall be reasoned, final and unchallengeable;

f. Deciding on the challenge of arbitrators according to article 14, paragraph 6 of the Rules via an impartial and independent tripartite ad hoc committee to be composed by the Centre from among the members of the Advisory Committee without disclosing their names to the parties. The decision shall be made by the majority of votes of the members of the ad hoc committee in writing and shall be reasoned, final and unchallengeable;

g. Deciding on the challenge arbitrators according to article 4, paragraph 6 of Annex 2 to the Rules (Emergency Arbitrator Rules) and article 8, paragraph 3 of Annex 3 to the Rules (Expedited Arbitration Rules) via an impartial and independent member to be selected by the Centre from among the members of the Advisory Committee without disclosing his or her name to the parties. The decision shall be made expeditiously by the member in writing and shall be reasoned, final and unchallengeable;

h. Providing advice with respect to the Centre’s decision to deprive any party of its right to appoint a substitute arbitrator according to article 15, paragraph 2 of the Rules; and

i. Providing advice with respect to the Centre’s determination, according to article 45, paragraph 13 of the Rules, of the fees of the arbitral tribunal at a figure higher or lower than that which would result from the application of the tables of fees annexed to the Rules.

aisha

Eng. Aisha Nadar

Runeland Law
Stockholm, Sweden

For 40 years, Engineer Aisha has been actively involved in all phases of the negotiation and implementation of large-scale cross-border infrastructure and defence programs.  Her consulting engineering experience includes holding senior level positions in the in the public and private sectors in Europe, the Middle East and the United States.  She has carried out assignments related to procurement reform for organizations such as the World Bank, USAID and US Department of Defense. She has served as a FIDIC Board Member with primary responsibility for the FIDIC Contracts Committee & the International Financial Institutions Committee (2016-2020). Prior to her election to the Board, Aisha was a principal drafter of FIDIC’s Task Group responsible for the 2017 FIDIC Red, Yellow & Silver Conditions of Contract. She was also a member of the FIDIC Task Group responsible for updating FIDIC Dispute Avoidance and Adjudication Rules and was on the FIDIC President’s List of Accredited Adjudicators.

Today, Engineer Aisha’s professional activities focus on the effective management disputes, procurement and contract management in the context of large scale infrastructure projects.  She is regularly appointed as arbitrator, mediator and dispute board member.  She has experience as president and member of tribunals under ICC, SCC, DIAC, CRCICA, UNCITRAL and FIDIC rules.  She also advises clients on strategic procurement planning, contract drafting, contract management and dispute resolution.  Engineer Aisha is currently listed on the Panel of Conciliators, International Centre for Settlement of Investment Disputes (ICSID) nominated by Sweden, is vice-chair of the ICC Commission on Arbitration and ADR and is a member of the CRCICA Advisory Committee.

Engineer Aisha holds a BS degree in Electrical Engineering (University of Nebraska), an MBA (University of Texas-Austin) and an LL.M. in International Commercial Dispute Resolution (Queen Mary, University of London).