CRCICA News Letters
In this edition
 
CRCICA's recent caseload:
A rich variety of disputes
 
CRCICA Advisory Committee Meeting
 
CRCICA-Hosted CAS Alternative Hearing Centre in Operation
 
Reviews on CRCICA: New Arbitration Costs...
A Reasonable Balance
 
CRCICA Reported :
a " Record Rise" and "20-strong Board of Trustees"
 
Events Update
 
3-5 March 2013:
Comparative Arbitration Law: The Theory and Practice (CCATP): First Module:
The Arbitration Agreement
 
CRCICA hosts CIArb Cairo Wednesday One Seminars:
 
2 January 2013:
The Practice of Investment Treaty Arbitration before the ICSID: The Egyptian Experience
 
6 February 2013:
Anti-Corruption Agreement and its Impact on Arbitration
 
5 March 2013:
Arbitration in Direct and Indirect Investment Disputes
 
International Contributions
 
The German Foundation for International Legal Cooperation's Follow up Seminar on Arbitration, Cairo - Egypt, 27-28 January, 2012
 
CRCICA attends IFCAI Council and General Assembly meetings in Caracas - Venezuela 13 March 2013
 
12th IFCAI Biennial Conference, Caracas - Venezuela, March 14, 2013
 
MENA Regional Mediation Forum
 
ISPRAMED Works on the Independence and Impartiality of Arbitrators
 
Reform of the Palestinian Arbitration Law
 
ICCA Mentoring Program
 
Save the Dates !
 
14 May 2013:
CRCICA Mediation Rules Launch Event
 
Continuation of the 2013 Round of CRCICA/CIArb Cairo Comparative Commercial Arbitration: Theory and Practice (CCATP) as follows
 
2-4 June 2013:
Second Module: The ARBITRAL TRIBUNAL
 
1-3 September 2013:
Third Module: The ARBITRAL PROCEDURES
 
1-4 December 2013: Fourth Module: THE ARBITRAL AWARD
 
Membership of CRCICA to open in June 2013
 
 
CRCICA's recent caseload: A rich variety of disputes

The total number of arbitration cases filed before CRCICA until 31 March 2013 reached 885 cases. In the first quarter of 2013, 15 new arbitration cases were filed.

CRCICA's caseload in the first quarter of 2013 involved disputes relating mainly to services, supply, investment agreements, construction, petroleum concession agreements, lease agreements, hotel management and transfer of technology. The first quarter of 2013 witnessed the filing of six cases arising out of services contracts, one of which related to catering and management of restaurants, while the others related to: the maintenance services of a well known European car, an international contract for ground handling airport services, a contract for the management, operation and marketing of memberships, an agreement for the follow-up, supervision and technical assistance, and transportation services.
(read more)

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CRCICA Advisory Committee Meeting

On 4 March 2013, the first meeting of CRCICA Advisory Committee (AC) for this year was held by the attendance of the following members: Prof. Dr. Ahmed Sadek El Kosheri (Chairman - Egypt), Prof. Dr. Fathi Waly (Egypt), Dr. Karim Hafez (Egypt), Prof. Dr. Mahmoud Samir El Sharkawy (Egypt), Judge. Mohamed Amin El Mahdy (Egypt), Dr. Mohamed Salah Abdel Wahab (Egypt), Dr. Philippe Leboulanger (Vice-Chairman - France), Through multilateral teleconferencing, the following members participated in discussions from three different countries: Prof. Dr. Hamza Haddad (Jordan), Ms. Rabab Yasseen (Iraq\Switzerland), Prof. Nassib Ziadé (Vice-Chairman - Lebanon). Dr. Mohamed Abdel Raouf attended in his capacity as the Director of the Centre.

The agenda of the meeting tackled the Centre's Arbitration Rules as well as the relevant provisions of the AC's by-laws governing the challenge and removal of arbitrators and approached the best possible strategies to limit the role of national courts of the host country in this concern.
(read more)

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CRCICA-Hosted CAS Alternative Hearing Centre in Operation

In July 2012, the International Court of Arbitration for Sport (ICAS) and the Cairo Regional Centre for International Commercial Arbitration (CRCICA) entered into agreement entitling CRCICA to host the first Alternative Hearing Centre (AHC) for the Court of Arbitration for Sport (CAS) in Africa. CRCICA-hosted CAS AHC is the fourth all over the world. The other three AHCs are in Malaysia, China and United Arab Emirates.

"The presence of CAS in the region will simplify the procedures as the parties will no longer need to travel to the CAS headquarters in Switzerland to defend their cases," said Mr. Mathew Reeb, CAS Secretary General. However, all AHCs all over the world are only seats for CAS Hearings without any liabilities to get involved in neither the procedural nor the substantive aspects of the dispute.
(read more)

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Reviews on CRCICA: New Arbitration Costs... A Reasonable Balance

Since its issuance in March 2011, CRCICA latest Arbitration Rules have been well received on both the regional and the international levels. Of particular significance is the change in the costs of arbitration which relatively increased bringing CRCICA more akin to other international institutions and not depriving parties of their rights to select the best international arbitrators.

Recently, in an Article of the Global Arbitration Review (GAR): "Arbitration Costs Compared: The Sequel" (January 2013), Louis Flannery and Benjamin Garel of Stephenson Harwood in London updated and expanded a comparative review GAR published two years ago. The Survey involves a unique comparison among the costs of arbitration at ten "major and most popular commercial arbitration institutions" including CRCICA.
(read more)

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CRCICA Reported : a " Record Rise" and "20-strong Board of Trustees"

CRCICA's achievements over the past year have been well received and have attracted global attention. A recent GAR story on CRCICA highlights its accomplishments in 2012, including a record rise in its caseload, the appointment of a new board of trustees which was dully described as a 20-strong board with a remarkably diverse formation from ten different countries under the presidency of Dr. Nabil Elaraby, the Secretary-General of the Arab League.

Most important features of 2012, as reported by GAR, were the new appointments to CRCICA Advisory Committee and the adoption of new Mediation Rules which came into effect on 1 January 2013. Mr. James South, Director of the Centre for Effective Dispute Resolution, was quoted saying, "The new rules are high quality and consistent with developments of international mediation practice. They also show [the Cairo centre's] commitment to developing mediation services in Egypt and the wider region."

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Events Update
3-5 March 2013: Comparative Arbitration Law: The Theory and Practice (CCATP): First Module: The Arbitration Agreement

Held by CRCICA and CIArb Cairo, the 2013 round of the Comparative Arbitration Law: The Theory and Practice (CCATP) started on 3-5 March 2013 by the First Module: The Arbitration Agreement. The course was a balanced combination of lectures and tutorials. It provided participants with sufficient knowledge of the theory and practice in all the requirements for the writing and understanding of the arbitration agreement. Attendees were a mixture of lawyers, judges, engineers and governmental officials. Upon completion of the course, participants were invited to progress onto the composition of the arbitral tribunal Module scheduled to be held on 2-5 June 2013.

CCATP has been recognized as a one of the kind program in the region with a bilateral tutorial methodology that combines both systems the civil law and common law systems. The four modules of the program are held separately in a total of 14 days from March through December 2013. Upon completion of the program, in its four modules, participants will be eligible to apply for the soon-to-open membership of CRCICA.

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CRCICA hosts CIArb Cairo Wednesday One Seminars:
2 January 2013:
The Practice of Investment Treaty Arbitration before the ICSID: The Egyptian Experience

On 2 January 2013, Dr. Mohamed Abdel Raouf, CRCICA Director, delivered a speech on "The Practice of Investment Treaty Arbitration before the ICSID: The Egyptian Experience." The lecture covered the lessons of the past learned from ICSID's case law involving Egypt with respect to both jurisdictional and substantive issues. The conclusion included some perspectives for the future. The lecture was followed by a lively discussion involving eminent legal figures from both the private and the public sectors.

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6 February 2013:
Anti-Corruption Agreement and its Impact on Arbitration

On 6 February 2013, Judge Mohamed Amin ELMahdy, Former President, Egyptian State Council, delivered a lecture on "Anti-Corruption Agreement and its Impact on Arbitration". The topic relates to the importance of the UN Convention against corruption and its relevancy and potential impact on arbitration. The role of the arbitrator in fighting corruption was also discussed with special emphasis on the duties of international arbitral tribunals in this respect.

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5 March 2013: Arbitration in Direct and Indirect Investment Disputes

On 5 March 2013, Counsellor Mahmoud Fahmy, Former President of the Capital Market Authority and the Investment Authority - gave a lecture on "Arbitration in Disputes of Direct and Indirect Investments". The lecture covered various ways of solving investment disputes by arbitration under the Investment Law No. 8 of 1997 and the Capital Market Law No. 95 of 1992. Lively exchange of views and comments took place between the speaker and attendees.

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International Contributions
The German Foundation for International Legal Cooperation's Follow up Seminar on Arbitration, Cairo - Egypt, 27-28 January, 2012

The German Foundation for International Legal Cooperation (IRZ) jointly with the Egyptian National Centre for Judicial Studies organized a seminar on Arbitration and ADR on 27-28 January 2013, Cairo - Egypt. The Seminar featured a juxtaposition between the German and the Egyptian Arbitration and ADR systems. On the Egyptian side, CRCICA Director presented a speech about investment arbitration in Egypt with special emphasis on the experience of Egypt before the ICSID. The audience was more than twenty senior Egyptian judges from different Egyptian courts including the Economic Courts. It is notable that the Seminar is a follow-up event after the German-Egyptian expert talks on arbitration which were held in Cologne, Germany in November 2012. Both the Cologne and the Cairo events have established sound grounds for German-Egyptian cooperation in the field of Arbitration and ADR in general and for CRCICA institutional cooperation with the German side in particular.

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CRCICA attends IFCAI Council and General Assembly meetings in Caracas - Venezuela 13 March 2013

CRCICA Director attended the IFCAI Council meeting in his capacity as one of IFCAI's Vice Presidents. The meeting was held in Caracas, Venezuela on March 13, 2013 and discussed matters of interest to the arbitral institutions as well as future activities. Upon the recommendation of the Council, four persons were elected as new Councilors by IFCAI's General Assembly during its meeting held on the same day.

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12th IFCAI Biennial Conference, Caracas - Venezuela, March 14, 2013.

Caracas hosted the 12th IFCAI Biennial Conference on "Innovations and relationships in the arbitral world" on March 14, 2013.

The one day conference was divided into five sessions dedicated to the following issues: Relationship between institutions and arbitrators, relationship between institutions and parties, accountability of institutions and arbitrators, arbitration costs and third party funding in international arbitration.
(read more)

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MENA Regional Mediation Forum

Within the framework of the regional mediation project of the International Finance Corporation (IFC), IFC regional partner-centres agreed to found the MENA Regional Mediation Forum (MREMF). The official launch of the Forum is scheduled for May 2013.

In its capacity as a founding member, CRCICA was called upon to prepare the new by-laws of the MREMF which is established for the purpose of maintaining relations among commercial Mediation and ADR institutions and promoting greater understanding of Mediation and ADR in the MENA Region. The draft by-laws have been approved by all members and will be soon finalized.
(read more)

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ISPRAMED Works on the Independence and Impartiality of Arbitrators

Since its inception in 2009, the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED) has developed a comparative project on the institutional practices on the independence and impartiality of arbitrators in the Mediterranean. Through its Network of Arbitral Centres, ISPRAMED developed a powerful mechanism to exchange relevant experiences across the Mediterranean.

Member-Centres of the Network are: the Cairo Regional Centre for International Commercial Arbitration (EGYPT), the Centre for Arbitration Mediation and Conciliation of the Algerian Chamber of Commerce and Industry (ALEGRIA), the Arbitration Court of Morocco (MOROCCO), the Milan Chamber of Arbitration (ITALY), the Tunis Mediation and Arbitration Centre (TUNISIA) and the Arbitration Centre of the Istanbul Chamber of Commerce (TURKEY).
(read more)

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Reform of the Palestinian Arbitration Law

The United Nations Commission for International Trade Law (UNCITRAL) undertakes a project for the modernization of the arbitration regime in Palestine. Within this context, the Government of Palestine has prepared a draft law on arbitration. To best achieve harmonization in the field of arbitration law, the new draft legislation is patterned on the UNCITRAL Model Law with some adjustments to meet local requirements.

Upon the request of the UNCITRAL, CRCICA will soon be reviewing and assessing the draft law which is prepared in Arabic and will consult with both the Palestinian Officials and the UNICTRAL regarding the similarities and differences between the draft national law and the Model Law.
(read more)

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ICCA Mentoring Program

The International Council for Commercial Arbitration (ICCA) has recently initiated the YOUNG ICCA Mentoring Program. The objective of the Program, now in its second cycle (2013-2014), is to bring younger practitioners into regular contact with established arbitration practitioners in request for know-how, advice on arbitral practice or career advice. The Program is to link 3-4 successful Mentee applicants to a senior arbitration expert and member of ICCA's Governing Board (Mentor) and an established arbitration practitioner (Buddy) to form a Mentoring Group.

CRCICA Director, in his capacity as member of ICCA Governing Board, was invited to participate in the 2013-2014 cycle of the program, as Mentor.
(read more)

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Save the Dates !
14 May 2013:
CRCICA Mediation Rules Launch Event

On the occasion of the issuance of the new CRCICA Mediation Rules effective as of 1 January 2013, CRCICA will hold a launch event to announce the new Rules to the business and legal communities in Egypt and the region. The event will be held in cooperation with the International Finance Corporation (IFC) and by the support of the Ministry of Justice and the Investors Dispute Settlement Center of the General Authority for Investments and Free Zones (GAFI).

The agenda of the meeting will tackle the Rules from the perspectives of mediation institutions, lawyers, mediators, representatives of the different business sectors. In addition to this, the draft of the new Egyptian Mediation Law will be discussed among spokesmen of the Ministry of Justice, independent expert speakers and participants.
Invitees will include lawyers, mediators, key business representatives as well as governmental officials.

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Continuation of the 2013 Round of CRCICA/CIArb Cairo Comparative Commercial Arbitration: Theory and Practice (CCATP) as follows:
 
2-4 June 2013:
Second Module: The ARBITRAL TRIBUNAL

In this module, the Arbitral Tribunal will be studied in depth as based on a big number of the most recent international decisions and institutional regulations. Participants will have the chance to role play through a mock case designed to raise all top issues related to the composition and functioning of the arbitral tribunal.

1-3 September 2013:
Third Module: The ARBITRAL PROCEDURES

The Arbitral Procedures Module tackles, inter alia, the rules applicable to the procedures, evidences and the examination of witnesses, interim measures...etc.

1-4 December 2013:
Fourth Module: THE ARBITRAL AWARD

The fourth and last module of CRCICA Annual Arbitration Program 2013 is scheduled for 1-4 December 2013. In this module, "the Arbitral Award" will be handled in depth as based on most recent court judgments in different jurisdictions.

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Membership of CRCICA to open in June 2013

From June 2013, the general membership of CRCICA will open, subject to given criteria, to law graduates and graduates of other disciplines specializing or interested in arbitration or mediation. Members will be entitled to a wide range of benefits including, inter alia, free subscription to the Journal of Arab Arbitration, 25% discount on the purchase price of CRCICA Publications and limited discounted registration fees for some of CRCICA events subject to early registration.

To receive automatic alert on all CRCICA membership regulations once released, please contact membership@crcica.org.eg.

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