Cairo, Egypt – May 28, 2025 – The Cairo Regional Centre for International Commercial Arbitration (CRCICA) successfully hosted a highly anticipated event today, focusing on “Contractual and Conventional Tools for the Protection of Foreign Investors and State’s Regulatory Power.” The conference brought together a distinguished array of legal experts, government officials, and arbitration specialists to delve into the intricate balance between safeguarding foreign investments and preserving the sovereign right of states to regulate.
The day commenced with an engaging Inaugural Session. Dr. Ismail Selim, Director of CRCICA, welcomed attendees, setting the stage for the insightful discussions to follow. The session featured prominent figures including H.E. Coun. Mahmoud Fawzi, Minister of Parliamentary and Legal Affairs and Political Communication, and Counselor Abdel-Razak Mahmoud Shoaib, President of the State Lawsuits Authority, both of whom offered crucial perspectives from the governmental sphere. The global nature of the discourse was highlighted by the online participation of Mr. Gonzalo Flores, Deputy Secretary-General of ICSID, and Ms. Ashwita Ambast, Senior Legal Counsel at the PCA, providing valuable international insights. Dr. Pascale Accaoui Lorfing, Associate Researcher at CREDIMI – Univ. Burgundy, & Affiliated Professor at ESCP Business School – Paris, also contributed significantly to the opening remarks.
The first panel, “Substantive Issues,” moderated by Counselor Amr Arafa of the Egyptian State Lawsuits Authority, examined how contractual and treaty-based tools can mitigate disruptions to contractual performance caused by unforeseen events like pandemics, sanctions, and economic crises. Dr. Pascale Accaoui Lorfing elaborated on critical contractual clauses such as force majeure, hardship, stabilization, and applicable law provisions. Dr. Yulia Levashova, Associate Professor at Nyenrode Business University, joined online to discuss the enduring significance of Fair and Equitable Treatment in International Investment Agreements for investor protection. Dr. Lorfing further explored conventional tools aimed at protecting states’ regulatory measures, including the right to regulate, general exceptions, and national security exceptions.
The second panel, “Procedural Issues,” was moderated by Dr. Fatma Salah Riad, Professor of Law at Cairo University and Managing Partner of Riad & Riad Law Firm. This session explored the suitability of arbitration as a dispute resolution mechanism, contrasting institutional and ad hoc approaches. Counselor Fatma Khalifa She is a Counselor at the Foreign Disputes Department (FDD) in the Egyptian State Lawsuits Authority (ESLA) shed light on the nuances of investment arbitration and the ongoing ISDS reform discussions. Judge Mohamed Khalil, Member of the General Department for Arbitration & International Disputes at the Egyptian Ministry of Justice, delved into the requirement of exhausting local remedies through Dispute Settlement Committees. The growing role of alternative dispute resolution was highlighted by Ms. Fatma Ibrahim, Mediation Advisor & Consultant, who joined online to discuss mediation in Investor-State Disputes.
The final panel of the day, “Enforcement and Challenges of Arbitral Awards,” was expertly moderated by Prof. Dr. Mohamed Abdel Raouf, Partner and Head of the International Arbitration Group at ABDEL RAOUF LAW FIRM. Prof. Dr. Ahmed Weshahi, Senior Partner at ALC-Alieldean Weshahi & Partners, provided a comprehensive overview of key objections to the enforcement of foreign arbitral awards under Article V of the New York Convention, specifically addressing procedural fairness, non-arbitrability, and public policy violations. Counselor Mahmoud El-Kharashy, Vice President of the International Arbitration & Foreign Disputes Department at the Egyptian State Lawsuits Authority, raised an intriguing question regarding the enforceability of awards issued by a potential multilateral investment court or appellate mechanism under existing frameworks, a topic currently under discussion at UNCITRAL.
The event concluded with the importance of continued dialogue and collaboration in navigating the complex landscape of international investment law. CRCICA remains committed to fostering such crucial discussions that contribute to the development of robust and equitable frameworks for foreign investment and state sovereignty.
