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Caseload Report 2nd Quarter 2021: CRCICA registers a record number of cases in a first half of a year

The total number of cases filed before CRCICA until 30 June 2021 reached 1508 cases. In the second quarter of 2021, 24 new cases were filed compared to 16 new cases filed in the second quarter of 2020. The total number of cases registered in the first half of 2021 has reached 56 cases, a record high for the Centre.

The Centre’s caseload in the second quarter of 2021 involved disputes relating to various sectors, including Corporate Restructuring, Construction, Oil & Gas, Banking & Finance, Telecommunications, Real Estate Development, Media & Entertainment and Investment Treaty Arbitration.

Four cases involved corporate restructuring agreements. One case involved a settlement agreement setting out the terms for the termination of an escrow agreement and the closure of an escrow account between an Emirati company on and two companies incorporated in the British Virgin Islands and in Egypt. Two cases related to share purchase agreements. The first case involved a share purchase agreement between a Saudi company and a company based in the British Virgin Islands, an Egyptian Company and a Maltese company. The second case involved a share purchase agreement between a Ukrainian company and a number of Egyptian individuals. One case involved a shareholders’ agreement organizing the exit of a number of shareholders from an Egyptian company, between Egyptian individuals.

Four cases related to the banking and finance sector. The first case involved an agreement to open a brokerage account between an Egyptian stock brokerage company and an Egyptian individual. The other three cases involved settlement agreements resulting from debt assignment agreements between Egyptian parties and a Maltese company.

Three cases related to the construction sector. Two cases involved construction agreements. The first case related to a FIDIC contract for the construction of a commercial complex located in Alexandria, Egypt, between two Egyptian companies. The second case related to a contract for the construction of a manufacturing plant located in the Gulf of Suez Area, Egypt, between two Egyptian companies. The last case involved a contract for civil works at a transformers’ factory located east of Cairo, Egypt, between two Egyptian companies.

Three cases related to the oil & gas sector. One case involved a distribution agreement for petroleum products between two Egyptian companies. One case involved a charter and maintenance agreement for a vessel performing works at a petroleum pipeline project in the Gulf of Suez, Egypt, between a Bahamian company and an Egyptian company. One case involved a consultancy agreement between an Egyptian company and a Panamanian company.

One case related to an investment treaty claim between Egyptian individuals and a Middle Eastern state. The case involved a dispute arising out of the breach a bilateral investment treaty provisions with respect to the management and operation of a medical laboratory located in that state.

One case related to the telecommunications sector and arose in connection with an interconnection agreement between two Egyptian companies.

One case related to the hospital sector and involved an agreement for the equipment and management of a hospital located in Cairo, Egypt between two Egyptian companies.

One case related to export-import sector and involved an agency agreement for the import of air blowers and spare parts between two Egyptian companies.

One case related to the media & entertainment industry and involved an agreement for exclusive broadcasting rights of two television shows between an Egyptian production company and an Egyptian cable provider.

One case related to legal representation sector and involved a dispute arising out of an agreement for attorney’s fees between an Egyptian attorney and a French company.

One case related to real estate development sector and involved an agreement for the purchase, development and construction of touristic buildings on a plot of land located in Sharm El Sheikh, Egypt, between an Egyptian company and a Saudi individual.

One case related to business development sector and involved a consortium agreement between a Bulgarian company and an Egyptian company in view of providing consulting services in preparation of a strategic business plan for another Egyptian company.

One case involved a lease agreement for commercial and administrative building located in Cairo, Egypt, between an Egyptian company and an Egyptian individual.

One case involved a purchase agreement for an apartment in a residential complex located in the Red Sea Governorate, Egypt, between an Egyptian individual and an Egyptian company.

Arbitration proceedings in the second quarter involved parties from the Bahamas, the British Virgin Islands, Bulgaria, Egypt, France, Malta, Panama, Saudi Arabia, Ukraine and the United Arab Emirates.

The second quarter of 2021 witnessed the appointment of 54 arbitrators from Egypt, Germany, Lebanon and the United Kingdom.

Of the 54 arbitrators appointed this quarter, 5 were female arbitrators, representing 9% of appointments, and 7 were under the age of 40, representing 13% of appointments.

The Centre acted as appointing authority for some cases, appointing 13 of the 54 arbitrators appointed this quarter, representing 24% of appointments, including 2 female arbitrators, one arbitrator under the age of 40 and two non-Egyptian arbitrators.

Of the Centre’s 13 appointments, 3 arbitrators were re-appointed in application of article 10(3) of the Rules, 1 arbitrator was a sole arbitrator in a case where a respondent did not participate, and 2 arbitrators were appointed following the failure of the list procedure in article 8(3) of the Rules.

Amongst the 24 cases filed in this quarter, 18 cases, representing 75% of cases, were conducted in Arabic, while 6 cases, representing 25%, were conducted in English.

HEARINGS:

During the second quarter of 2021, CRCICA hosted 39 hearings. Since the outbreak of COVID-19, the Centre’s promotion of remote hearing solutions has led to a diversification of the type of hearing held at CRCICA. This quarter, the Centre hosted 13 hearings with wholly physical attendance, 18 fully-remote hearings and 8 hybrid hearings.

Of the 39 hearings held this quarter, 5 related to ad hoc arbitral proceedings, 1 related to a mediation, 1 related to ICC proceedings and the remaining 32 hearings related CRCICA arbitral proceedings.

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