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

Area of Expertise:

Procurement and contract management, arbitration, mediation, dispute boards, and expert witness. Over 30 years of handson international experience in all phases of procurement, project execution and dispute resolution of complex infrastructure and defence systems.

Professional Experience:

Mediator, arbitrator and dispute board member

– Arbitrator and Dispute Board (DB) member in plant, engineering, construction and defence contracts with ICC, FIDIC,SCC, LCIA, DIAC and ad-hoc arbitration experience.
– Mediator construction and defence contracts. Successfully mediated construction cases to settlement with issues thatincluded design-build contract interpretation, completeness of design, scope of work, design defect, negligent design and engineering, changed site conditions and insurance coverage.
– Consultant to parties and party counsel on case evaluation and dispute management strategy development.
– Consultant, responsible for carrying out assignments related to dispute resolution for organizations such as the World Bank (mediation in construction), USAID and US DoD.

Procurement and Contract Management

-Recognized specialist in project planning, tender documentation preparation, proposal evaluation and contract administration for large scale, cross-border projects in construction and infrastructure sectors. In-depth knowledge of
Federation of International Consulting Engineers (FIDIC), Federal Acquisition Regulations (FAR) American Institute of Architects (AIA) and drafting bespoke conditions of contract.
– Contract management USAF program to provide Egypt with tri-service Secondary Surveillance Capability. Supervised multi-disciplinary team in all phases of system acquisition. (US Air Force military assistance to Egypt). (Hanscom Air Force Base and Cairo, Egypt).
– USAF project Engineer, responsible for contract administration; including system development, test and deployment of automated air defence system (in-plant and on-site).

Visiting Research Fellow, Construction Contracts and Dispute Resolution, University of London (2007-2012).

Invited speaker at universities and specialized conferences: KTH Royal Institute of Technology (Sweden); Kings College; Harvard University; Stockholm University; FIDIC Users’ Conferences; Chartered Institute of Arbitrators (CIArb) Diploma Course in International Commercial Arbitration (Oxford University); Society of Construction Law (SCL); International Bar Association (IBA); Dispute Review Board Foundation (DRBF); International Chamber of Commerce (ICC) Conferences; National Contract Management Association (NCMA); University of London; and Melbourne School of law.

Committees and Task Groups

Panel of Conciliators, International Centre for Settlement of Investment Disputes (ICSID) (2020-present);
Member; Advisory Committee, Cairo Regional Centre for International Commercial Arbitration (CRCICA);
Adjudicator, FIDIC President’s List (2015-present);
Member, FIDIC Board (2016-present);
Co-Chair, ICC Task force for update of ICC Final Report on Construction Industry Arbitrations.

Qualifications

LL.M. (International Commercial Dispute Resolution), Queen Mary, University of London, 2007;
Accredited Mediator (IMI), UK (CIArb, 2005) and Texas (SMU, 2006);
Graduate Diploma, Alternative Dispute Resolution, SMU, Dallas, Texas, 2006;
Graduate Diploma, International Commercial Arbitration, Chartered Institute of Arbitrators (CIArb), 2005;
MBA, (Information Systems Management) University of Texas, Austin, 1996;
BSc (Electrical Engineering), University of Nebraska, Lincoln, 1987.

Nationalities: Swedish/USA/Egyptian
Languages: English and Arabic