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Institutional Mediation Booming: CRCICA, MOJ and GAFI into Collaboration

Within the context of the IFC mediation project in Egypt, CRCICA has recently developed strong ties of cooperation among other IFC partners in Egypt being the Ministry of Justice (MOJ) and the Investors’ Disputes Settlement Centre of the General Egyptian Authority for Investment (GAFI). The three bodies are recognized as the prime commercial mediation promoters and providers in Egypt.

Having issued its Mediation Rules as early as 1990, CRCICA has operated, since then, institutional mediation as an effective means for settling commercial disputes. As of January 1, 2013, a new version of the Rules has entered into force. Similarly, both the MOJ and GAFI have developed reliable mediation infrastructure. In law 120/2008 establishing the Economic Courts, the Egyptian legislator introduced new mechanisms allowing for the use of mediation by the preparation of panel judges, leading to actual amicable resolution of cases through mediation. More notably, the Ministry of Justice is currently preparing a draft law regulating both judicial and conventional mediations in order to further enable the use of mediation. Along parallel lines and subject to the agreement of parties involved, the GAFI Investors’ Disputes Settlement Centre has jurisdiction over the settlement of disputes which arise between partners or between the companies of any legal form whatsoever, or between the shareholders and the company. The Center uses mediation to help parties reach an urgent and fair conciliatory settlement without prejudice to the right of the parties to resort to the judiciary.

Within this context, the three bodies collaborate to promote mediation in different modes. The framework of the joint promotional activities is drafted by CEDR as a requirement of the IFC project. Future tripartite collaboration includes holding regular follow-up meetings, organizing joint conferences and seminars. Fostering the uniquely complementary nature of this institutional cooperation, partners also agreed to help promote the works of one another whenever appropriate.

Moreover, CRCICA and GAFI have been involved in an expert group discussion of the Draft Mediation Law prepared by the MOJ to govern both judicial and conventional mediations. Supported by the IFC, the three institutions decided to open the Draft for social dialogue involving different business sectors and stakeholders. This is meant to allow for the exchange of thoughts and information among as wide a span of professionals as possible with the ultimate purpose of finalizing an Egyptian mediation law that copes with users’ needs and expectations.

 Posted in News
 Published on Dec 31 2012

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