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The Synergy between Common Law and Civil Law under the UNCITRAL and CRCICA Rules, CIArb Journal

NewsEvents 2018 04 22 19 20 28 470414

The CRCICA director, Dr. Ismail Selim, wrote an article titled: “The Synergy between Common Law and Civil Law under the UNCITRAL and CRCICA Rules”. The article was published at the CIArb Journal, Vol. 83, No. 4, issued in November 2017. The CRCICA Arbitration Rules were chosen in the said article given that they are based on the UNCITRAL Arbitration Rules of the 2010 save for minor modifications emanating mainly from the Centre’s role as an arbitral institution and an appointing authority. With this respect, Dr. Selim specifically elaborated the role of the party autonomy as a major means of procedural flexibility, the UNCITRAL – CRCICA provisions for both detailed and succinct opening pleadings, the limited document production versus fully fledged discovery, the appointment of technical experts by the tribunal versus their appointment by the parties, and the balance in weight of the oral testimony and written evidence. Dr. Selim concluded that the growing trend towards harmonization of international arbitration proceedings has been filled by the broad application of the UNCITRAL Model Law and Arbitration Rules. Moreover, the CRCICA Arbitration Rules went even further in the embodiment of the synergy between the common law and the civil law systems where the UNCITRAL Arbitration Rules adopted a common law approach.

 Posted in News
 Published on Nov 25 2017

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