CRCICA NewsLetters
 
In this editionCRCICA RECENT CaseloadEvents UpdateContributionsFuture Events
1- 2015  
CRCICA Recent Caseload: A Promising Start for Construction Cases
Two New African Members Officially Appointed at CRCICA Board of Trustees
CRCICA Advisory Committee First Quarterly Meeting in 2015
CRCICA Conference Centre Under Renovation
Events Update
Mediation Breakfast Seminars
21 January 2015:
Practical Experiences and Expertise in Mediation:
25 February 2015:
Preparation Stage of Mediation:
An Important Step Forward Towards a Successful Amicable Settlement
30 March 2015
Contractual Drafting of the Mediation Clause
 
CRCICA hosts CIArb Cairo Wednesday One Seminars
14 January 2015: The Law and Practice of the Arbitrators' Duty to Ascertain the Content and Apply the Law Governing the Merits of the Dispute
4 February 2015:
Non-competition Clauses in Commercial Contracts in Light of the Law on Protection of Competition and the Arbitration Law
4 March 2015: Developing Countries and International Law: Confrontation, Contribution, or Acting Behind the Enemy Lines?
 
International and Regional Contributions
13th IFCAI Biennial Conference, Manama - Bahrain,
23 March 2015
CRCICA chairs IFCAI Council and General Assembly Meetings in Manama - Bahrain,
24 March 2015
El-Kosheri Honored on Arab Soil
CRCICA Director acts a Mentor in the 2015-2016 Cycle of the Young ICCA Mentoring Programme
 
Cooperation Agreements:
The Signing of a Cooperation Agreement with the Somali Chamber of Commerce and Industry SCCI
Future Events
 
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CASELOAD
 CRCICA Recent Caseload: A Promising Start for Construction Cases

The total number of arbitration cases filed before CRCICA until 31 March 2015 reached 1030 cases. In the first quarter of 2015, 14 new arbitration cases were filed.

CRCICA's caseload in the first quarter of 2015 involved disputes relating to construction, services, lease agreements, real estate, franchise and agency agreements.

Construction cases rank on top of the cases filed during the first quarter of 2015 with six cases, two of which are subcontracting agreements. The first subcontract covered the external granite cladding and all related works for the chancellery, consulate and staff residence of an Arab State in Cairo. The second subcontract was related to the supply, installation, delivery, testing and ensuring the maintenance of electrical and mechanical works for a hotel project within the Cairo International Airport. The third construction case filed before the Centre related to water service and treatment plant in Damietta, Egypt. The fourth case related to the construction of an industrial and commercial project in Damietta Port. The fifth construction case related to the construction services, finishing and external renovation works of the Biblothequa Alexandrina. The last construction case related to the construction, finishing and electrical works for a factory in Six October City, Giza, Egypt.

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 Two New African Members Officially Appointed at CRCICA Board of Trustees

Further to the resolution adopted in the latest meeting of CRCICA Board of Trustees (BOT) held on 10 December 2014, both Mrs. Funke Adekoya SAN from Nigeria and Judge Dr. Abdulqawi YUSUF from Somalia have accepted their nomination thus officially becoming members of CRCICA BOT.

CRCICA is proud to have such eminent experts as members of its Board and trusts that they will enhance CRCICA's role in the development of institutional arbitration in Africa and beyond.

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  CRCICA Advisory Committee First Quarterly Meeting in 2015

On March 31, 2015, CRCICA Advisory Committee (AC) held its first quarterly meeting in 2015. The meeting was attended by 10 out of the current 15 members of the AC and discussed inter alia a recent judgment rendered on 14 December 2014 by the Cairo Court of Appeal, endorsing the decision of a tripartite ad hoc committee, composed pursuant to the CRCICA Arbitration Rules to decide on the challenge of a co-arbitrator. The members were also updated with respect to the recent local developments regarding the investigations conducted against some sham arbitral institutions.

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 CRCICA Conference Centre Under Renovation

CRCICA is currently renovating its Conference Centre which is due to be inaugurated in October 2015 as a highly equipped, multi-functional events venue with a main room capacitating minimum 130 participants, breakout rooms, library, reading room, lobby and a terrace overlooking the Nile River. The Conference Centre will be named after Dr. Esmat Abdel Meguid the former Secretary-General of the League of Arab States and the former Chairman of CRCICA Board of Trustees in tribute for his valuable diplomatic contributions to have CRCICA established as an international organization hosted by the Government of Egypt.

The first major international event to be held in the new CRCICA Conference Centre will be the 2nd UNCITRAL/OECD Regional Conference on the Euro-Mediterranean Community of International Arbitration scheduled for 16 November 2015.

It is noteworthy that CRCICA inaugurated its renovated Hearing Centre in December 2013 as a unique Cairo offering to the Afro-Asian Region evaluated by users as "the most perfect environment for a hearing with a state-of-the-art sound system and technical facilities".

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 Events Update
 Mediation Breakfast Seminars:
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 21 January 2015: Practical Experiences and Expertise in Mediation

On 21 January 2015, the Mediation Breakfast Seminar titled "Practical Experiences and Expertise in Mediation" was delivered by Mr. Khalil Shaat, Policies Expert, Contract Management Specialist and Accredited Mediator. The speech unveiled core issues in the practice of mediation out of the speaker's vast experiences in program management and policy advising. The lecturer shared with the audience interesting tips as to how to realize a win/win solution in a successful mediation. The speech was followed by lively discussions involving representatives of many professional sectors.

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25 February 2015
 25 February 2015: Preparation Stage of Mediation:
An Important Step Forward Towards a Successful Amicable Settlement

In the February Mediation Breakfast Seminar of the year, Mr. Gamal Abou Ali, LL.M, of Hassouna & Abou Ali Law Firm and CEDR Accredited Mediator, shed the light on the necessary groundwork to prepare a dispute for a successful mediation. The lecture emphasized the importance of the preparation stage - in terms of set up, procedures and substance - as a fundamental factor for the success of the mediation. The seminar was concluded by lively discussions between the lecturer and the audience.

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2015
 30 March 2015: Contractual Drafting of the Mediation Clause

Mr. Adel El Kholy, lawyer and CEDR accredited mediator, delivered a very interesting and interactive lecture on the drafting of mediation clauses inserted in commercial contracts. The lecture was widely attended and addressed the salient elements guaranteeing the correct and efficient drafting of enforceable mediation clauses. The lecturer also discussed the pros and cons of simple and multi-tiered mediation clauses.

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 CRCICA hosts CIArb Cairo Wednesday One Seminars:
 14 January 2015: The Law and Practice of the Arbitrators' Duty to Ascertain the Content and Apply the Law Governing the Merits of the Dispute

Held on 14 January 2015, the first Wednesday One Seminars of the year opened up very interesting discussions on "The Law and Practice of the Arbitrators' Duty to Ascertain the Content and Apply the Law Governing the Merits of the Dispute". Delivered by Dr. Mohamed Salah Abdel Wahab, the lecture set a thematic statement that national arbitration laws and institutional rules infrequently address the extent to which arbitrators may ascertain and apply the contents of the lex causae (the chosen governing law) and discussed the constraints arbitrators face in fulfilling their obligation to determine and apply the chosen law or rules. According to Dr. Abdel Wahab, there are three essential constraints:(a) ne ultra petita, (b) transparency and foreseeability, and (c) due process.

Dr. Abdel Wahab is Founding Partner and Head of the International Arbitration Group, Zulficar and Partners, Professor of Private International Law and Dispute Resolution, Faculty of Law - Cairo University and Vice-Chairman, Chartered Institute of Arbitrators (Cairo Branch).

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4 February 2015
 4 February 2015: Non-competition Clauses in Commercial Contracts in Light of the Law on Protection of Competition and the Arbitration Law

On 4 February 2015, Dr. Khaled Attia, Partner, Sarie-Eldin & Partners and former Executive Director of the Egyptian Competition Authority, delivered a lecture entitled: "Non-competition Provision in Commercial Contracts in the Light of the Law on Protection of Competition and the Arbitration Law". The lecture presented a thorough expert analysis of the interplay between competition law and the arbitration process and what is thought to be inherent tension between the two.

Attendees believed the perspective of the lecture is highly instrumental in guiding users when exactly to decide to arbitrate a dispute involving aspects of competition law.

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2 April 2014
 4 March 2015: Developing Countries and International Law: Confrontation, Contribution, or Acting Behind the Enemy Lines?

On 4 March 2015, Prof. Dr. Georges ABI-SAAB, delivered a lecture entitled "Developing Countries and International Law: Confrontation, Contribution, or Acting Behind the Enemy Lines?". Prof. Dr. Abi-Saab is Emeritus Professor of International Law at the Graduate Institute of International Studies in Geneva, and Member of CRCICA's Board of Trustees, Member of the Institute of International Law, Former Chairman of the Appellate Body of the World Trade, Organization (WTO) and Member of the Administrative Tribunal of the International Monetary Fund and of various international arbitral tribunals (ICSID, ICC, UNCITRAL, CRCICA).

Prof. Abi-Saab probed into the practical effects of international law requirements on developing countries. Exploring the various challenges involved, the lecture examined the ways and means of facing them while striking a balance between globalization requirements and national identity. The Seminar witnessed wide attendance and lively discussions all to the betterment of developing countries participation in the international economic scenery.

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 International and Regional Contributions
 13th IFCAI Biennial Conference, Manama - Bahrain, 23 March 2015

On March 23, 2015, Manama hosted the 13th IFCAI Biennial Conference on "Hot Issues in International Arbitration in the Arab World and Arbitral Institutions and Issues of Conflicts of Interest". The Conference was co-organized with the Bahrain Chamber for Dispute Resolution (BCDR-AAA).

The one-day conference was divided into two sessions. The morning session was co-chaired by Professor Ahmed El-Kosheri and Dr. Philippe Leboulanger. It was dedicated to "Hot Issues in International Arbitration in the Arab World", discussing inter alia the following issues: Seats of Arbitration in the Arab World, Regime changes in the Arab World and international arbitration, international arbitration and the settlement of inter-Arab investment disputes.

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 CRCICA chairs IFCAI Council and General Assembly Meetings in Manama - Bahrain 24 March 2015

In his capacity as Vice President of IFCAI, CRCICA Director chaired the IFCAI Council meeting. The meeting was hosted by the BCDR in Manama, Bahrain on March 24, 2015 and discussed matters of interest to the arbitral institutions, future activities as well as the results of the 13th IFCAI Biennial Conference on "Hot Issues in International Arbitration in the Arab World and Arbitral Institutions and Issues of Conflicts of Interest" held in Manama, Bahrain on March 23, 2015. The next meeting of IFCAI Council is scheduled to take place in Vienna on 7 October 2015 on the occasion of the next IBA Conference.

The IFCAI Council meeting was followed by the IFCAI General Assembly meeting attended by 12 arbitral institutions from Europe, Asia, Africa, the USA and Latin America. The attendees discussed the features of the new IFCAI website as well as future IFCAI projects. The next meeting of IFCAI General Assembly shall be held in May 2016 in Mauritius on the occasion of the ICCA 2016 Congress, while the 14th IFCAI Biennial Conference is scheduled to take place in Hong Kong in 2017.

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 El-Kosheri Honored on Arab Soil

On 22 March 2015 the eve of the IFCAI conference in Manama, the BCDR-AAA held a ceremony and dinner to mark the lifetime achievement of Egyptian arbitrator and Chairman of CRCICA Advisory Committee, Prof. Dr. Ahmed El-Kosheri, who has already received a GAR lifetime achievement award.

El-Kosheri, who attended the event with his wife and family, was presented with a commemorative volume including articles on a range of legal subjects from 45 colleagues from 21 nationalities in the field, published in English, French and Arabic and a portrait of himself by a Bahraini artist.

It is worth noting that the commemorative volume (Mélanges) published by Kluwer is titled "From the Arab World to the Globalization of International Law and Arbitration" and was edited by three members of CRCICA Advisory Committee, Phillippe Leboulanger, Nassib Ziadé as well as CRCICA Director.

The ceremony was held at the Shaikh Ebrahim Bin Mohammed Al Khalifa Center for Culture and Research in Muharraq, Bahrain.
(Reference to Article of the Global Arbitration Review (GAR): " Alison Ross and Douglas Thomson • Wednesday, 25 March 2015")


 CRCICA Director acts a Mentor in the 2015-2016 Cycle of the Young ICCA Mentoring Programme

The 2015¬-2016 cycle of the Young ICCA Mentoring Programme has already commenced with CRCICA Director again acting as Mentor. The mentoring group consists of the following three Mentees:

  • Ms. Silke Noa Kumpf, associate in Brown Rudnick's London office
  • Ms. Laura Lozano, associate at González-Bueno & Asociados in Madrid
  • Mr. Amr Arafa, LL.M. Candidate for the Master of International Dispute Settlement in Geneva

CRCICA Director is assisted by a "Buddy", Ms. Maria Athanasiou, an independent arbitration practitioner based in Cyprus, whose role is to facilitate communication within the mentoring group, make any necessary organizational arrangements, and act as a catalyst to ensure that the mentoring group remains motivated and active.

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 Cooperation Agreements:
2 April 2014
 The Signing of a Cooperation Agreement with the Somali Chamber of Commerce and Industry SCCI

In consistency with its policy to focus on Africa and further to the recent appointment of two senior African experts as new members of CRCICA Board of Trustees, CRCICA concluded on 31 March 2015 a cooperation agreement with the Somali Chamber of Commerce and Industry. One of the salient objectives of the agreement is to enable the two cooperating parties to conduct training programs and workshops on international arbitration in Mogadishu for Somalians with various backgrounds.

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Future Events
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2015 Calendar of Events will feature many events including:

14 June 2015, Cairo-Egypt:
"Cairo Roadshow to promote the 2016 ICCA Congress", in cooperation with the Mauritius International Arbitration Centre (MIAC)

October 2015, Cairo-Egypt:
The fifth Round of "Comparative Commercial Arbitration, Theory and Practice" (CCATP), in cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (tentative)

November 2015, Cairo-Egypt:
Launching Seminar of ABOUL-ENEIN ANNUAL LECTURE, Prof. Dr. Fathy Waly, Professor of Law; Former Dean Faculty of Law-Cairo University ; International Lawyer and Arbitrator (EGYPT)

16 November 2015, Cairo-Egypt:
2nd UNCITRAL/OECD Regional Conference on the Euro-Mediterranean Community of International Arbitration

December 2015, Cairo-Egypt:
Regional Conference on "The Settlement of Media and Entertainment Disputes"
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Cairo Regional Centre for International Commercial Arbitration
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