Step-by-Step Guide under CRCICA Arbitration Rules

Claimant

  • Claimant files its notice of arbitration with the Centre, either physically or using the online form in the Centre’s website (Article 3(6) of the Rules). The notice of arbitration is the equivalent to the public court’s lawsuit.
  • The notice of arbitration must include certain fundamental issues provided under (Article 3(3) of the Rules). Amongst these requirements are the following:
    • A demand that the dispute be referred to arbitration.
    • The names and other contact details of the parties and for their representatives.
    • A copy of the arbitration agreement. Also, where claims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each claim is made;
    • A brief description of the claim, the relief or remedy sought, as well as the amounts of any quantified claims and, to the extent possible, an estimate of the value of any other claims (including unquantified claims), if any;
    • A proposal as to the number of arbitrators;
    • A reference to the existence of any funding agreement and the identity of any third-party funder (Article 53 of the Rules).
  • Claimant must provide a copy of the receipt of payment of the non-refundable registration fee (Article 3(1) and 43 of the Rules).
    • The registration fee is as follows:

– The registration fee is 500 (five hundred) US Dollars, if the sum in dispute is less than 1,000,000 (one million) US Dollars; or it would be 1000 (one thousand) US Dollars, if the sum in dispute is equivalent to or exceeds one million (1,000,000) US Dollars.

– The registration fee depends on the aggregate amount of all the claims (including any counterclaims), if the claims are not quantified, the registration fee is 1000 (one thousand) US Dollars.

    • The registration fee is payable in USD.
    • The registration fee is non-refundable.
    • The registration fee is payable either by certified cheque in the name of “The Cairo Regional Centre for International Commercial Arbitration” or by bank transfer to the following account:

The Cairo Regional Centre for International Commercial Arbitration
Bank : QNB Al Ahli Bank
Account No.: 20310212424
IBAN: EG420037006208402031021242473
SWIFT: QNBAEGCXXXX
Branch Address: 2 Al Kamel Mohamed St., Zamalek, Cairo, Egypt.

  • The notice of arbitration may include other optional issues (Article 3(4) of the Rules).

Preliminary role of CRCICA

  • The Centre registers the arbitration and gives it a case number after a first preliminary checkup on the parties’ arbitration agreement.
  • The Centre communicates the notice of arbitration to respondent (Article 3(1) of the Rules).
  • The Centre communicates to Claimant’s nominated arbitrator the declaration of acceptance, availability, impartiality and independence (if any) (Article 12(2) of the Rules).
  • The Centre requests the parties to the arbitration to pay their shares of the Administrative Fees and the Fees of the Arbitral Tribunal within 15 days from the receipt of this request (Article 46(1) of the Rules).

Respondent

  • Respondent files its response to the notice of arbitration either physically or using the online form in the Centre’s website (Article 4(4) of the Rules) within 30 days of the receipt of the notice of arbitration. The response to the notice of arbitration must include certain fundamental issues provided under Article 4(1) of the Rules which are as follows:

– The name(s) in full, addresses and other contact details of the respondent;

– The name(s) in full, description, address(es), contact details and proof of authority of any person(s) representing the respondent in the arbitration (if any);

– A response to the information set forth in the notice of arbitration, pursuant to article 3, paragraphs 3(d) to (h) of the Rules; and

– A reference to the existence of any funding agreement and the identity of any third party funder pursuant to article 53 of the Rules.

The Response to the Notice of Arbitration may include certain optional issues to be included (Article 4(2) of the Rules)

Preliminary Role of CRCICA (after the response to the notice of arbitration)

  • The Centre communicates the response to the notice of arbitration to the claimant and to any appointed arbitrator (Article 4(1) of the Rules).
  • The Centre communicates to the prospective arbitrator and to the parties – if any- the declaration of acceptance, availability, impartiality and independence (Article 12 (2) of the Rules).
  • In some cases, the Centre may decide upon a request not to proceed and issues such decisions after conducting a prima facie assessment of its jurisdiction (Article 6 of the Rules).
  • The Centre requests the parties to the arbitration to pay their shares of the Administrative Fees and the Fees of the Arbitral Tribunal within 15 days from the receipt of this request (Article 46(1) of the Rules).
  • The costs of the arbitration are payable in US dollars;
  • The costs of arbitration:
    • can be paid by a certified cheque in the name of “The Cairo Regional Centre for International Commercial Arbitration” delivered to CRCICA; or
    • can be either deposited or made by direct bank transfer in the following bank account:

The Cairo Regional Centre for International Commercial Arbitration
Bank: QNB Al Ahli
Bank Account No.: 20310212424
IBAN: EG420037006208402031021242473
SWIFT: QNBAEGCXXXX
Branch Address: 2 AL KAMEL MOHAMED ST., ZAMALEK, CAIRO, EGYPT.

    • In case of bank deposit or direct bank transfer, please send the proof of payment to the relevant CRCICA Case Manager, making sure to indicate the case number.
    • In case of direct bank transfer, please make sure that the bank transfer expenses are not deducted from the total transferred amount.
    • Please note that in its capacity as an international organisation working in Egypt, CRCICA is exempt from all direct taxes by virtue of the Presidential Decree No. 399/1987.
  • If the required deposits are not paid in full within 15 days after the receipt of the request, CRCICA shall so inform the parties in order that one or more of them may make the required payment (Article 46(2) of the Rules)
  • If the costs of the arbitration are not deposited in full, CRCICA may suspend or terminate the arbitral proceedings (Article 46(2) of the Rules)
  • The parties are jointly and severally liable to the Centre for the Fees (Article 47(2) of the Rules).
  • In case of the submissions of counterclaims or set offs, the Centre may allocate Fees to the parties corresponding to their own claims (Article 46(3) of the Rules).
  • The amount of the Fees may be subject to re-adjustment based on the change of the aggregate value of the claims, counterclaims and set off (Article 46(4) of the Rules).
  • Number of arbitrators (Article 7 of the Rules)
  • Appointment of the arbitral tribunal (Article 8 of the Rules);:
    • Appointment of a sole arbitrator (Article 9 of the Rules);
    • Appointment of three arbitrators (Article 10 of the Rules); or
    • Constitution of the arbitral tribunal in multi-party arbitration (Article 11 of the Rules).
  • Disclosures, completion of the appointment of the arbitrators and transmission of the complete case file (Article 12 of the Rules).
    • A prospective arbitrator shall disclose any circumstances likely to give rise to justifiable doubts as to his or her acceptance, availability, impartiality or independence within one week after being notified of his or her nomination, and throughout the arbitral proceedings, without delay and in writing. (Article 12(2) of the Rules)
    • The Centre may, upon the approval of the Advisory Committee, not proceed with the appointment of any arbitrator due to past failure(s) to comply with his or her duties under the Rules. (Article 12(3) of the Rules)

Conduct of the Arbitration

  • The arbitral tribunal may conduct the arbitration in such manner as it considers appropriate. (Article 17(1) of the Rules)
  • The arbitral tribunal establishes the provisional timetable of the arbitration after inviting the parties to express their views on it during a preliminary meeting. The provisional timetable may include submissions related to objections to the tribunal’s jurisdiction or requests for document production. (Article 17(2) of the Rules)
  • The arbitral tribunal may, after inviting the parties to express their views and taking into account the circumstances of the case, utilize any technological means as it considers appropriate to conduct the proceedings. (Article 17 (3) of the Rules)
  • The arbitral tribunal may, after consulting with the parties, appoint a secretary to the arbitral tribunal with no additional fees (Article 17(6) of the Rules).

Parties’ Submissions

  • Parties exchange their written statements and all supporting evidence in the manner and on the dates provided for in the timetable, except otherwise permitted by the tribunal.
    • Claimant communicates its statement of claim to the arbitral tribunal and the other party(s) through CRCICA (Article 20(7) of the Rules).
    • Respondent communicates its statement of defence to the arbitral tribunal and the other party(s) through CRCICA (Article 21(1) of the Rules).
    • Further written statements may be submitted by the parties, according to the timetable (Article 24 of the Rules).

Hearings

  • The arbitral tribunal sets the time for the hearing and gives the parties advance notice of the date, time and place thereof (Article 28(1) of the Rules).
  • Hearings may be held either (Article 28(2) of the Rules):
      • Physically;
      • Remotely/Virtually; or
      • In a Hybrid manner.

Closure of the proceedings

The arbitral tribunal determine the closure of the proceedings by an order for termination (Article 31 of the Rules).

  • The arbitral tribunal determine the time limit for rendering the final award in a timely and a fair trial manner unless the parties have agreed in writing on this issue. (Article 35 of the Rules)
  • Form and effect of the award (Article 34 of the Rules)
    • The award shall be reasoned
    • The award shall be made in writing;
    • The award shall contain the date on which the award was made;
    • The arbitral tribunal shall send a draft of the award to the Centre for review as to its form.
    • The award shall be signed by the arbitral tribunal; and
    • The award shall include the full wording of the arbitration agreement, if required by the lex arbitri
  • The arbitral tribunal submits its award to CRCICA

It is worth mentioning that additional copies certified true by the Centre shall be made available on request and at any time to the parties or their authorised representatives to this effect, but to no one else. (Article 34(7) of the Rules)

  • The parties may request the arbitral tribunal for providing an interpretation of such award (Article 38 of the Rules).
  • The parties may request the arbitral tribunal for applying formal correction on such award (Article 39 of the Rules).
  • The parties may request the arbitral tribunal for rending an additional award on claims not decided (Article 40 of the Rules).
  • Once the arbitral award is rendered, the Centre shall dispense the fees of the arbitral tribunal from the deposits made by the parties.