“The Synergy between Common Law and Civil Law under UNCITRAL and CRCICA Rules”, in Arbitration: the International Journal of Arbitration, Mediation and Dispute Management
In May 2020, Dr. Ismail Selim, CRCICA’s Director, published an article titled “The Synergy between Common Law and Civil Law under UNCITRAL and CRCICA Rules” at Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, the CIArb Academic journal.
The article provided “findings on the influence of the UNCITRAL Arbitration Rules, as well as the influence of the CRCICA Arbitration Rules, in building a synergy between civil and common law cultures, including a synergy between the inquisitorial and adversarial systems”. It argued that both the CRCICA and UNCITRAL Arbitration Rules created a balance between the two systems in matters related to notices initiating the arbitral proceedings, document production, conduct of hearings, appointment of experts and the weight of oral testimony and written evidence. It also argued that “that 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”, and concluded by highlighting the importance of this harmonization to the evolvement of international arbitration.