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CRCICA Recent Caseload (2nd Quarter 2020) – Virtual Hearings at the CRCICA

The total number of cases filed before CRCICA until 30 June 2020 reached 1417 cases. In the second quarter of 2020, 16 new cases were filed compared to 13 new cases filed in the second quarter of 2019.

The Centre’s caseload in the second quarter of 2020 involved disputes relating to various sectors, including Construction, Real Estate Development, Tourism & Hospitality, Oil & Gas, Pharmaceutical and Corporate Restructuring.

Five cases involved corporate restructuring agreements. Two cases related to an escrow agreement resulting from a share purchase agreement between several Egyptian individuals and companies. Two cases related to share purchase agreements. The first case involved the purchase of 100% of the shares of an Egyptian company to take control over a hotel located in the Red Sea Governorate. The second case involved a share purchase agreement, followed by an assignment agreement and finally a settlement agreement between a UK Company and a Maltese company. One case involved a shareholders’ agreement between several Egyptian individuals.

Three cases related to the construction sector. The first case involved a series of contracts for electrical supplies and installations between two Egyptian companies. The second case involved a design consultancy agreement between a Bahraini consultancy firm and an Egyptian real estate developer related to an urban project located in Cairo. The third case involved a contract between two Egyptian companies to design and build fit out works based on the FIDIC Green Book for a premises located in the Fifth Settlement.

Two cases related to the tourism and hospitality sector. The first case involved a concession agreement for the operation of a commercial facility in a hotel located in Cairo between an Egyptian company and a British company and its Egyptian branch. The second case involved a lease agreement for a commercial space in a mall located in Cairo, between two Egyptian companies.

Two cases related to the real estate development sector. The first case involved a partnership agreement between an Egyptian real estate developer and an Egyptian real estate investor for the construction and development of buildings in located in 6th October city. The second case involved a memorandum of understanding followed by a partnership agreement between two Egyptian companies for the development of a medical clinic complex located East Cairo.

One case related to the oil & gas sector with respect to an agreement for the supply and installation of an oil platform near Alexandria made under a under a concession agreement for the exploration, development and exploitation of petroleum and involving Norwegian, c, Italian Egyptian companies.

One case involved a settlement agreement arising out of a debt rescheduling agreement between Egyptian individuals and a Maltese company.

One case related to telecommunications and involved a software distribution agreement between a French developer and an Egyptian distributor.

One case related to the pharmaceutical sector and involved an agreement for the management and operation of a pharmacy in Sharqiyya governorate between several Egyptian individuals.

The second quarter of 2020 witnessed the appointment of 36 arbitrators from Canada, Egypt, France/Lebanon, Nigeria, Tanzania, the United Kingdom and the United Arab Emirates.

Of the 36 arbitrators appointed this quarter, 2 were female arbitrators and 6 were under 40.

The Centre acted as appointing authority for some cases, appointing 5 of the 36 arbitrators appointed this quarter, including one arbitrator under 40 and 2 non-Egyptian arbitrators.

Arbitration proceedings in the first quarter involved parties from Bahrain, Egypt, France, Italy, Malta, Norway and the United Kingdom.

Amongst the 16 cases filed in this quarter, 10 cases, representing 62% of cases, were conducted in English, while 6 cases, representing 38%, were conducted in Arabic.

HEARINGS INCLUDING VIRTUAL HEARINGS:

Since 1 April 2020, CRCICA has hosted 15 hearings. Of these 15 hearings, 1 related to ad hoc proceedings and the rest related to CRCICA cases.

Due to the outbreak of COVID-19, users have been encouraged to privilege remote hearings. During the second quarter of 2020, 3 hearings were held entirely via video-conference and 2 hearings were held with partial in-person attendance and partial remote attendance.

CRCICA as Appointing Authority in Multiparty Party Proceedings:

During this quarter, CRCICA applied Article 10.3 of the Rules and reconstituted an arbitral tribunal formed in a multi-party dispute by revoking all the appointments made by the parties and appointing three different impartial and independent arbitrators. The application of Article 10.3 in this case was triggered by one of the parties to the dispute that rejected the appointment made by the co-party and highlighted that its interests diverged from the interests of any of the other parties to the case, and should therefore have the right to have a different arbitrator. It thus requested the Centre to apply Article 10(3) of the Rules and reconstitute the tribunal without reappointing any arbitrator that was already nominated by any of the parties. CRCICA revoked all the appointments already made and appointed three new arbitrators.

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