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.
Mr. Danny Khayat
Admitted to the Paris Bar, Dany Khayat is the head of the Litigation and International Arbitration practice in Paris and the co-leader of the Middle-East dispute practice with the Firm.
He has been involved in numerous arbitration proceedings conducted under the Rules of the ICC, ICSID (including Additional Facility), UNCITRAL, SIAC, LCIA, DIAC, CRCICA, BCDR-AAA, LMAA, GAFTA, RSA, AFA, CMAP as well
as in ad hoc arbitration proceedings.
Dany has extensive experience in commercial arbitration and has acted as lead counsel in dozens of cases under a variety of applicable laws. He has particular experience in disputes in the following industries: construction, intellectual property, defense, infrastructure, Joint Venture agreements with a particular regional focus on Africa and the Middle East.
Dany also has substantive knowledge of investment treaty arbitration and the protection of foreign investments and has been involved, as lead counsel, in more than a dozen investor/State disputes, representing both States and investors. He has written extensively on ICSID awards and decisions for fifteen years. He is the co-author of the 700-page “Recueil des Commentaires des Decisions du CIRDI (2002-2007)” (Bruylant 2009) in which all ICSID awards, decisions and orders published between 2002 and 2007 are commented upon and has continued to publish regularly since in the Revue québécoise de droit international and The Law & Practice of International Courts and Tribunals.
Dany has also been involved in arbitration-related proceedings before French courts including annulment proceeding as well as in disputes involving State immunities and seizure of State-owned assets, and in other contractual and commercial matters heard before French courts.
He also acts as arbitrator (president, co-arbitrator or sole arbitrator) in ICC, DIAC, CRCICA, BCDR-AAA and ad hoc proceedings.
Prior to joining Mayer Brown in 2008, he was an attorney in the International Arbitration group of a large international firm in Paris where he worked since 2000.
Dany has appeared at numerous conferences as a speaker on international arbitration, investment treaties and investment disputes and lectured on international arbitration, arbitration in the Arab countries and investor-State disputes at the University of Paris I (Pantheon—Sorbonne), University of Paris–Sud and the University of Poitiers.
Dany is fluent in English, French and Arabic and has a reading knowledge of Spanish.
