Contractual and Conventional Tools for the Protection of Foreign Investors and State’s Regulatory Power

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  • Wednesday, 28 May 2025
  • starting 04:00 PM

Introduction

The international contractual commercial and investment relation is witnessing a considerable evolution reflecting the search for a balance between the parties involved.
On the one hand, international investment agreements are designed to protect only the investment against the action of the host State. These instruments are now enriched by treaty provisions reaffirming the right of the State to regulate for general interest and in areas such as health, the environment and human rights, regulation likely to have an impact on the rights of the investor and considered however not to be in violation of the international investment agreement.

On the other hand, recommendations for the investor, relating to environmental, societal and governance requirements.

This new approach, which allows for a better balance between the parties, is also accompanied by the search for greater security for private investors in the face of the State’s exercise of its regulatory powers.

The aim of this conference is to examine in detail the issues relating to the substance, procedure, and enforcement of the award rendered by an arbitral tribunal, in an approach that will enable us to understand security tools at the level of international commercial contracts and investment contracts.

Agenda Format & Structure

Registration
03:00 - 04:00

Arrival to CRCICA and Registration

Welcome Remarks
04:00 - 04:15
Keynote Address
04:15 - 04:45

Keynote Speech

Panel 1: Substantive Issues
04:45 - 05:45

In both contractual and conventional frameworks, specific events—such as the COVID-19 pandemic, economic and debt crises, and international sanctions—can significantly impact contractual performance. Additionally, regulatory measures imposed by states may affect the execution of contracts and the rights of foreign investors. From a contractual perspective, various legal tools, including force majeure clauses, hardship clauses, stabilization clauses, equilibrium clauses, and applicable law clauses with mandatory rules, provide mechanisms to address unforeseen disruptions. From a conventional perspective, international treaties and agreements offer protective measures to safeguard foreign investors against adverse state actions. At the same time, conventional tools also uphold states' regulatory sovereignty, recognizing their right to regulate and invoking general exceptions, including national security exceptions, to balance investor protections with public interest.

Break
05:45- 06:15

Networking Coffee Break

Panel 2: Procedural Issues
06:15 - 07:15

When navigating dispute resolution, selecting the most suitable mechanism is crucial. Arbitration remains a preferred option, but is it always the most effective? Choosing between institutional and ad hoc arbitration and determining the best procedural rules can significantly impact the process. Additionally, the requirement of exhausting local remedies before arbitration presents both advantages and challenges—does it enhance dispute resolution, or does it unnecessarily delay justice? Alternatively, Dispute Settlement Committees offer a structured approach that may serve as an intermediary step. Furthermore, mediation as a pre-step to arbitration is gaining traction—when should it be applied, how does it function, and what happens afterward? This session will explore these key considerations to determine the most effective dispute resolution pathways.

Panel 3: Enforcement and Challenges of Arbitral Awards
07:15 - 08:15

The enforcement of arbitral awards remains a cornerstone of international arbitration, yet it is not without challenges. Article V of the New York Convention provides key grounds for objections to enforcement, including procedural fairness, the non-arbitrability of disputes, and potential violations of public policy—all of which merit in-depth discussion. Additionally, in the evolving landscape of Investor-State Dispute Settlement (ISDS), a crucial question arises: can awards issued by a future multilateral arbitral court or appellate body, as currently debated within UNCITRAL, be enforced under the New York Convention? This session will explore these critical issues, shedding light on their implications for international arbitration and cross-border dispute resolution.

Closing Remarks
08:15 - 08:30

Closing Remarks

Registration Fees

  • USD 75$ for Non-Egyptians
  • 1500 EGP for Egyptians
  • 500 EGP for Judges / Academics who do not practice law / Members of Ciarb / Students

Registration

Events

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Registration Fee (Egyptians)

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Maximum file size: 5.63MB

Payment Method
Account Name: The Cairo Regional Center for International Commercial Arbitration
Bank: Qatar National Bank
Address: 2 Al Kamel Mohamed Branch, Zamalek, Cairo, Egypt.
Branch Code: 00062
Account Number (EGP): 20311905754
IBAN (EGP): EG950037006208182031190575428
Swift Code: QNBAEGCX

Registration Fee

  • USD 75$ for Non-Egyptians
Payment Method
Account Name: The Cairo Regional Center for International Commercial Arbitration
Bank: Qatar National Bank
Branch Address: 2 Al Kamel Mohamed Branch, Zamalek, Cairo, Egypt.
Branch Code: 00062
Account Number (US$): 62-20310212426-67
IBAN (US$): EG420037006208402031021242667
Swift Code: QNBAEGCX

Sponsorship & Partnership Opportunities

We invite law firms, financial institutions, arbitral institutions, and other stakeholders to support the conference through sponsorship and partnership opportunities with the following benefits: