CRCICA is issuing the 24th Volume of the Journal of Arab Arbitration which is a CRCICA-sponsored Publication of the Arab Union of International Arbitration (AUIA). The Journal is issued semi-annually to include updated articles, judicial awards and arbitral precedents.
Volume 24 includes two important articles. The first, prepared by Dr. Dalia Hussein, Legal advisor at CRCICA, relates to the salient trends deduced from the decisions of the tripartite ad hoc committees formed from among the members of CRCICA’s Advisory Committee in matters of challenge and removal of arbitrators. The study includes a summary of the requests for challenge and removal of arbitrators submitted to CRCICA, their grounds, and the decisions of the tripartite ad hoc committees. The examination of these decisions leads to important conclusions about the committees’ approaches in dealing with these requests and highlights the most important trends for their upholding or rejection.
The second article, prepared by Ms. Heba Salem, Legal Researcher and Case Manager at CRCICA, relates to pathological arbitration clauses and the difficulties they raise. The article gives many examples of pathological clauses examined by arbitral tribunals under the auspices of CRCICA and analyses in depth the defaults these clauses contained as well as the legal issues resulting from their implementation. The article’s conclusion includes some recommendations for the proper drafting of arbitration clauses.