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CASELOAD 2023 – Marked increase in average sum in dispute despite declined total cases registered

The total number of cases filed before CRCICA until 31 December 2023 reached 1671 cases. In 2023, 53 new cases were filed, compared to 83 in 2022. While this represents a sharp decrease in the number of cases registered, there was a significant increase in the average sum in dispute, resulting in the total sum in dispute during 2023 remaining about the same as in 2022.

Of the 53 cases filed this year, 11 related to ad hoc proceedings, representing 20% of cases. Further, 3 mediations were referred to the Centre in 2023 compared to 5 in 2022. The Centre also registered 2 dispute board cases in 2023, compared to 3 dispute board cases in 2022.

The Centre’s caseload during 2023 involved disputes relating to a variety of sectors, including: Construction, Corporate, Capital Markets, Real Estate Development, Retail, Tourism & Hospitality and Oil & Gas.

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Per usual, disputes arising from the Construction sector ranked in first place with 39% of cases, compared to 17% of cases in 2022, followed by Corporate disputes representing 13% of the total number of cases, compared to 6% of cases in 2022. Disputes arising from Capital Markets, Real Estate Development, Retail and Tourism & Hospitality tied for third place, representing 6% of cases each.

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The parties to disputes included 20 Non-Egyptian parties. Parties from Kuwait and Saudi Arabia tied at the top of Non-Egyptian parties referring their disputes to the Centre, with 4 parties each, followed by parties from the British Virgin Islands, with 3 parties. In third place, 2 parties from the UAE referred their disputes to the Centre.

There were also parties from Bermuda, Cyprus, Greece, Italy, Korea, Luxembourg and Sweden.

It is worth noting that these conservative figures do not include Egyptian companies owned or ultimately controlled by non-Egyptian shareholders.

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The year 2023 witnessed the appointment of 140 arbitrators, including 14 Non-Egyptian arbitrators, with the number of arbitrators with French nationalities coming at the top, followed by arbitrators coming from Lebanon and then from Tunisia. There were also appointments of arbitrators from Canada, Saudi Arabia, Syria and the United Kingdom.

In 2017, the CRCICA signed the Pledge for Equal Representation in Arbitration, according to which the CRCICA, having due regard to the circumstances of the relevant case, implemented a gender diversity policy when acting as an appointing authority in addition to its implementation of a regional and age diversity policy where appropriate.

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During 2023, 7 female arbitrators were appointed, representing 5% of appointments, compared to 4 female arbitrators, representing 2.5% of appointments, in 2022. Moreover, 12 arbitrators under 40 were appointed in 2023, representing about 9% of appointments, compared to 15 arbitrators under 40 appointed in 2022, representing 9% of appointments that year.

These numbers and percentages, though both still modest, show a tendency to increase female appointments by the CRCICA as well as by parties and co-arbitrators.

Of the 140 arbitrators appointed in 2023, only 18 were appointed by the Centre, representing 13% of all appointments. In exercising its power as appointing authority, the Centre took the opportunity to appoint 5 non-Egyptian arbitrators, as well as 2 female arbitrators and 1 arbitrator under 40.

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In 2023, 44 arbitration cases were conducted in Arabic, (i.e. 83%), whereas 9 cases, (i.e. 17%) were conducted in English. The French version of the CRCICA Rules was issued on 31 March 2017 and CRCICA registered its first case in French in 2022.

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During 2023, cases where the sum in dispute does not exceed USD 1million constituted over half of the Centre’s caseload. These were followed by cases where the sum in dispute ranges between USD 3 million and USD 5 million and then cases where the sum in dispute ranges between USD 1 million and USD 2 million.

The average value of sums in dispute in cases registered in 2023 amounted to USD 4,643,018, representing a 48% increase in the average sum in compared to 2022, during which the average sum in dispute amounted to USD 3,136,929.

The total sum in dispute during 2023 reached USD 246,079,985, about the same as the total sum in dispute during 2022, i.e. USD 260,365,116.

HEARINGS IN 2023: 

Throughout this year, 121 hearings took place using CRCICA’s hearing facilities. 80 of the hearings related to cases brought under the CRCICA Arbitration Rules, 24 hearings related to ad hoc cases administered by CRCICA, 14 hearings related to non-CRCICA proceedings, including ICC proceedings, and 3 hearings related to mediation proceedings.

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 Posted in News
 Published on Dec 01 2023

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