Step-by-Step Guide under CRCICA Arbitration Rules

 

  • Claimant files its notice of arbitration with the Centre, The notice of arbitration is the equivalent to the public court’s lawsuit.
  • The notice of arbitration must include:
    • Certain fundamental issues (Article 3(3) of the Rules)
    • A copy of the receipt of payment of the registration fee (Article 43 of the Rules)
      • 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
    • CRCICA registers the arbitration and gives it a case number after a first screening of the parties’ arbitration agreement.
    • CRCICA communicates the notice of arbitration to respondent (Article 3(1) of the Rules)
    • CRCICA requests the parties to the arbitration to pay their shares of the costs of the arbitration (Article 42(2)(a-f) of the Rules) within 15 days from the receipt of this request (Article 47 of the Rules)
    • The Centre communicates to Claimant’s nominated arbitrator – if any- the declaration of acceptance and the statement of impartiality and independence (Article 11 of the Rules)
  • Respondent files its response to the notice of arbitration within 30 days of the receipt of the notice of arbitration. The response to the notice of arbitration must include certain fundamental issues to be included (Article 4(1) of the Rules) and may include certain optional issues to be included (Article 4(2) of the Rules)
  • CRCICA communicates the response to the notice of arbitration to the claimant and any appointed arbitrator (Article 4(1) of the Rules)
  • The Centre communicates to Respondent’s nominated arbitrator – if any- the declaration of acceptance and the statement of impartiality and independence (Article 11 of the Rules).
  • In some cases, CRCICA may decide upon a request not to proceed and issues such decisions after prima facie assessment of its jurisdiction (Article 6 of the Rules & Practice Note I to the Rules).
  • Each party shall pay its share of the costs of the arbitration (Article 47(1) of the Rules).
  • The costs of the arbitration are payable in US dollars.
  • The costs of the 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 47(2) of the Rules)
  • If the costs of the arbitration are not deposited in full, CRCICA may suspend or terminate the arbitral proceedings (Article 47(2) of the Rules & Practice Note IV to the Rules)
  • Number of arbitrators (Article 7 of the Rules)
  • Appointment of the arbitral tribunal:
    • Appointment of a sole arbitrator (Article 8 of the Rules);
    • Appointment of three arbitrators (Article 9 of the Rules); or
    • Constitution of the arbitral tribunal in multi-party arbitration (Article 10 of the Rules & Practice Note II to the Rules)
  • Completion of the appointment of the arbitrators (Article 11(2) of the Rules) and transmission of the complete case file to each arbitrator.
  • 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 (Article 17(2) of the Rules). The provisional timetable may include submissions related to objections to the tribunal’s jurisdiction or requests for document production.
  • 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 17(5) , Article 20(1) of the Rules & Practice Note III to the Rules)
    • Respondent communicates its statement of defence to the arbitral tribunal and the other party(s) through CRCICA (Article 17(5) , Article 21(1) of the Rules & Practice Note III to the Rules)
    • Further written statements may be submitted by the parties, according to the timetable (Article 24 of the Rules)
  • Hearings (Article 17(3) & Article 28 of the Rules)
    • 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:
    • Closure of the proceedings (Article 31 of the Rules)
  • The arbitral tribunal renders its award
    • The arbitral tribunal submits its award to CRCICA
    • Form and effect of the award (Article 34 of the Rules)
      • The award shall be made in writing;
      • The award shall contain the date on which the award was made;
      • The award shall be reasoned;
      • 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.
  • CRCICA shall communicate the award to the parties as soon as practicable after affixing its stamp thereto.
  • Correction and Interpretation of the award if needed (Article 37 & Article 38 of the Rules)
  • Additional Awards (Article 39 of the Rules)
  • Once the arbitral award is rendered, CRCICA shall dispense the fees of the arbitral tribunal from the deposits made by the parties.
  • Settlement and other grounds for termination (Article 36 of the Rules).