CRCICA NewsLetters
 
In this editionCRCICA RECENT CaseloadEvents UpdateContributionsFuture Events
2- 2015  
Breaking News
Elaraby leads CAS Arbitration Division
Congratulations!
CRCICA's Recent Caseload: A New Record Sum in Dispute
CRCICA Advisory Committee Second Quarterly Meeting in 2015
Events Update
CRCICA Hosts the Oral Hearings of the Second Annual SHALAKANY LAW OFFICE ARBITRATION MOOT (SAM), Cairo, 4 April 2015
CRCICA Hosts IDAI First Arbitration Moot,
26 May 2015
First ICCA 2016 Roadshow Excites Interest in Cairo,
14 June 2015
 
Mediation Breakfast Seminars
29 April 2015:
Alternative Disputes Resolution Techniques and the Settlement of Investment Disputes:
Exploring the Recent Amendments of the Egyptian Investment Law
2 June 2015:
The Role of the Legal Advisor in Construction Mediation
10 June 2015:
Construction Contracts,
Risk and Disputes:
Can Mediation Play a Positive Role?
11 June 2015:
The Future of International Mediation
Construction Mediation Project
 
CRCICA hosts CIArb Cairo Wednesday One Seminars
8 April 2015:
Critical Analysis of Some Practical and Legal Problems in International Commercial Arbitration: Case Study
13 May 2015:
The Enforcement of Judgments and Arbitration Awards
10 June 2015:
International Arbitration Agreement: Is Legal Uniformity Still a Possibility?
 
International and Regional Contributions
A Visit by a Delegation of the Kingdom of Saudi Arabia,
15 April 2015
Queen's Mary School of International Arbitration Celebrates 30 Years of Existence
London, 19-21 April 2015
ICCA Delegation in Beijing
ICCA Delegation at MOFCOM
ICCA President with the President of the Supreme People's Court
ICCA Delegation at the Beijing Arbitration Commission (BAC)
Tsinghua University Panel Discussion: "Getting Into and Getting Ahead in International Arbitration"
ICCA Governing Board Meeting, 12 May 2015
Hong Kong Summit, 12-14 May 2015
 
Publications
Journal of Arab Arbitration: 24th Volume
Future Events
 
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Elaraby
 Elaraby leads CAS Arbitration Division

Dr. Nabil Elaraby, Chairman of CRCICA Board of Trustees and Secretary General of the League of Arab States, has been recently appointed as President of the Arbitration Division of the Court of Arbitration for Sport (CAS). The Division oversees disputes arising from contracts and torts. Ms. Corinne Schmidhauser was appointed as President of the Arbitration Appeals Division.

Such appointments followed balloting which took place on the 22nd of May in Lausanne and resulted in the re-election of Mr. John Coates as President of both the Council and the Court for a second term lasting until 2018.

It is notable that Dr. Elaraby has been member of the Board of the International Council of Arbitration for Sport (ICAS) since 2003.

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 Congratulations!

CRCICA extends warmest congratulations to Ms. Olufunke Adekoya, member of its Board of Trustees and Dr. Mohamed Salah Abdel Wahab, member of its Advisory Committee for being appointed as Vice Presidents of the ICC International Court of Arbitration.

Genuine congratulations are also due to Mr. Alexis Mourre, the new President of the ICC International Court of Arbitration, who has recently begun his tenure with 130 members from 80 different countries, including 17 Vice Presidents.

CRCICA wishes them all the best with their new roles and looks forward to a fruitful cooperation with such prominent arbitral institution.

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 CRCICA's Recent Caseload: A New Record Sum in Dispute

The total number of arbitration cases filed before CRCICA until 30 June 2015 reached 1042 cases. In the second quarter of 2015, 12 new arbitration cases were filed.

CRCICA's caseload in the second quarter of 2015 involved disputes relating to Media and Entertainment, Construction, Sale and Purchase of Shares, Real Estate, Hotel Management and Telecommunications.

Media and Entertainment cases rank on top of the cases filed during the second quarter of 2015 with four cases, two of which are related to exclusive advertising concession agreements. The first agreement is concluded between a well-known television satellite channel and an advertising agency, while the second agreement involves an advertising agency and a production company. The third Media and Entertainment case relates to a contract concluded between a television satellite channel and a television presenter. The fourth case relates to a license agreement over the broadcasting rights of a television series.

Three cases arising out of construction contracts were filed in the second quarter of 2015. The first construction case related to the construction, finishing and electrical works of a factory in Six October City, Giza, Egypt. The second construction case relates to the civil works of a thermal power plant in Suez, Egypt. The third construction case relates to building and operating the parking area of the Hurghada International Airport, Red Sea, Egypt.

(read more)

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ac022015
  CRCICA Advisory Committee Second Quarterly Meeting in 2015

The second quarterly meeting in 2015 of CRCICA Advisory Committee (AC) was held on 22 June 2015 to discuss inter alia conflicts of interests within the context of applications for the challenge or removal of arbitrators. The meeting was chaired by Prof. Dr. Ahmed S. El Kosheri and attended by 7 other members (Counsellor Amin El Mahdy, Prof. Dr. Mohamed Badran, Counselor Dr. Adel Koura, Professor Nassib Ziadé (via Skype) Prof. Dr. Mohamed S. Abdel Wahab, Dr. Karim Hafez and CRCICA Director. Prof. Fathy Waly, Prof. Philippe Leboulanger and Me Rabab Yasseen submitted written comments that were also discussed during the meeting.

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 Events Update
Shalakany
CRCICA Hosts the Oral Hearings of the Second Annual SHALAKANY LAW OFFICE ARBITRATION MOOT (SAM), Cairo, 4 April 2015

On 4 April 2015, CRCICA hosted the Oral Pleadings of The Annual Shalakany Law Office International Commercial Arbitration Moot (SAM). SAM is an annual competition of teams representing law schools throughout Egypt and is intended to stimulate the study of international commercial law and to promote and develop interest and skills in international commercial arbitration. The nature of the Moot is intended to lead participants to interpret the texts of international commercial law to develop an expertise in advocating a position before an arbitral panel. The Moot is designed as an educational learning program in the form of a competition. It is not intended to be a competition with material benefits.

The pleadings were divided into four teams of students coming from the Cairo University English Section Law, IDAI–Paris I-Sorbonne (Cairo University French Section Law) and Ain Shams University.

The IDAI Sorbonne team won the competition and was awarded the first prize.

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IDAI
CRCICA Hosts IDAI First Arbitration Moot, 26 May 2015

Created in November 2004 upon by the students of the Institut de Droit des Affaires Internationales (IDAI), Université Paris 1 Panthéon-Sorbonne, the Club d'arbitrage et de plaidoirie de l'IDAI aims at training selected students of the IDAI to acquire the necessary advocacy skills that would enable them to participate in local; regional and international moot courts including the reputable annual Willem C. Vis International Commercial Arbitration Moot.

Within this context, the first Internal Moot held by the Club d'arbitrage et de plaidoirie de l'IDAI was hosted by CRCICA on 26 May 2015 where five groups of students pleaded their cases before six arbitral tribunals composed of a blend of eleven experienced specialists and graduates.

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 First ICCA 2016 Roadshow Excites Interest in Cairo, 14 June 2015

The first ICCA 2016 Roadshow was held in Cairo on 14 June, raising the anticipation there for the 23rd ICCA Congress, to be held in Mauritius on 8-11 May 2016.

The ICCA 2016 Roadshows are a series of short symposia, held in five major African cities, which give participants a taste of the content and style of the ICCA Congress, and provide them with practical information about the Congress itself.

The speakers in Cairo included Hon. Cllr. Amin El Mahdi, former Minister for Transitional Justice of Egypt, Mr Vish Cheetoo, Chargé d'Affaires of the Mauritian Embassy in Cairo, Dr Mohamed Abdel Raouf, Vice Chairman of the ICCA Governing Board, Prof Dr Mohamed Abdel Wahab, Professor of International Law at Cairo University and head of Zulficar Partners, Duncan Bagshaw, Registrar of the LCIA-MIAC Arbitration Centre, Mauritius, Mr. Farouk El Hosseny, Legal Counsel at the PCA and Sami Houerbi, Lawyer and Director ICC Arbitration and ADR, Tunis-Dubai The presentations were on the theme of international arbitration and the rule of law, anticipating the theme of the 2016 Congress, which will be "International Arbitration and the Rule of Law: Contribution and Conformity".

Delegates were also given an insight into what they can expect when they reach Mauritius for the Congress, with a series of images of the venues for the Congress events, ranging from historic chateaux, and city monuments to beach-front hotels.

Registration for the 2016 ICCA Congress is now open through the website:
www.iccamauritius2016.com

For a full report about the event, please click here

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 Mediation Breakfast Seminars:
med 2015
29 April 2015:
Alternative Disputes Resolution Techniques and the Settlement of Investment Disputes: Exploring the Recent Amendments of the Egyptian Investment Law

On 29 April 2015, the Mediation Breakfast Seminar titled "Alternative Disputes Resolution Techniques and the Settlement of Investment Disputes: Exploring the Recent Amendments of the Egyptian Investment Law" was delivered by Dr. Fatma Salaheldin Riad Assistant Professor, Faculty of Law, Cairo University; Partner, Ibrachy & Dermarkar. The lecturer stressed that the nature of investment disputes requires as flexible tools as alternative dispute resolutions techniques are able to offer. Within this context, Dr. Riad highlighted the salient aspects of ADR techniques as manifested in the Egyptian Investment Law recently amended by Law no. 17 / 2015. She also shared her views regarding some of the amendments. The speech was followed by lively discussions involving representatives of many professional sectors.

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25 February 2015
 2 June 2015:
The Role of the Legal Advisor in Construction Mediation

On 2 June 2015, Eng. Aisha Nadar, Member of FIDIC Updates Task Group and IFC Consultant on the Construction Mediation Project, shed the light on the important role of the legal advisor in construction mediation before, during or after the mediation process. This multi-tiered role of the legal advisor, according to Eng. Nadar, involves, inter alia, the decision to mediate, the selection of the mediator, the preparation of the case and the case strategy, counseling the client during joint sessions, during private caucuses and finally during the settlement agreement once reached. The seminar witnessed interactive discussions among the lecturer and legal advisors in attendance.

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2015
 10 June 2015:
Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?

On 10 June 2015, building on the success of the Role of the Legal Advisor in Construction Mediation Seminar, Eng. Nadar delivered another construction focused lecture entitled “Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?”. The lecture categorized the scope of risks involved in construction projects as falling into six types; technical, logistical, construction, financial, political and country risks. The risk allocation concept and mechanism were then analyzed based on the motto that Contract is the risk allocation tool. The spectrum of settlement techniques available for construction disputes were displayed with special emphasis on mediation. The seminar was concluded by lively discussions between the lecturer and the audience.

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2015
 11 June 2015:
The Future of International Mediation

On 11 June, Hon. Judge Louise Otis delivered a lecture on “The Future of International Mediation”. Hon. Otis is an international civil and commercial mediator and arbitrator and a retired Justice of the Quebec Court of Appeal where she spearheaded the introduction of judicial mediation. Out of this stance, the speaker introduced the emergence of judicial mediation twenty years ago when she first implemented a pilot program of judicial mediation in Quebec. The experience turned to be a great success and since that time Quebec has had a leading and powerful judge-led mediation system.

Focusing on the future of international mediation, Hon. Judge Otis opined that the future will witness radical improvements in the effectiveness of mediation. The most important aspect, according to her is the effective combination of mediation and arbitration which comes either consecutively or in parallel. They may be also combined through hybrid forms of ADR, such as Med-Arb where the “neutral” partly acts as an arbitrator, and partly as a mediator. The perspectives of the future as well as the leading Canadian experience in developing a fully integrated judicial system aroused various contemplations and questions from the floor.

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2015
 Construction Mediation Project

The International Finance Corporation (IFC) Mediation Program in Egypt, in close cooperation with CRCICA has recently developed a construction mediation project meant to promote the use of mediation in construction disputes through system design, workshops, capacity building and training.

Within this context, a Construction Mediation Working Group (CMWG) was established to drive forward the effective implementation of mediation in the Egyptian Construction Sector in close coordination with Eng. Aisha Nadar, IFC International Consultant.

The CMWG has most recently decided to undertake the preparation of a document focusing on construction dispute resolution and the role of mediation in Egypt. The publication will be a joint venture between IFC and CRCICA.

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 CRCICA hosts CIArb Cairo Wednesday One Seminars:
 8 April 2015: Critical Analysis of Some Practical and Legal Problems in International Commercial Arbitration: Case Study

On 8 April 2015, the first Wednesday One Seminar of the quarter was delivered by Mr. Yassin Tageldin Yassin, Lawyer, Court of Cassation under the title “Critical Analysis of Some Practical and Legal Problems in International Commercial Arbitration: Case Study”. Mr. Yassin focused on some practical aspects of a well-known arbitration case involving the construction of a public utility. Discussions focused on the relation between national public policy and the issuance of an arbitral award by a truncated arbitral tribunal.

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13 May 2015: The Enforcement of Judgments and Arbitration Awards

On 13 May 2015, the Seminar titled "The Enforcement of Judgments and Arbitration Awards" was delivered by Hazim A. Rizkana, Partner, Helmy, Hamza & Partners, a member of Baker & McKenzie International. The Seminar provided an ample illustration of the salient aspects of the enforcement of awards, judicial and arbitral alike. This involved reference to various important arbitral awards and court decisions. The lecture went further as to discuss how best regulatory and executive frameworks involved would work to improve the enforcement process. Discussions witnessed an interactive exchange of views and experiences on the subject matter.

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2 April 2014
 10 June 2015: International Arbitration Agreement: Is Legal Uniformity Still a Possibility?

On 10 June 2015, Professor Ahmed Sharaf El Din, Professor at the Faculty of Law, Ain Shams University delivered a lecture entitled “International Arbitration Agreement: Is Legal Uniformity Still a Possibility?” Professor Sharaf El Din questioned the likelihood of unifying the legal system of the international arbitration agreement through a thorough reading of the awards rendered by the courts in Egypt, France and the UK. Through the process, he analyzed the different scholastic methodologies of defining the law applicable to the international arbitration agreement. Attended by a number of in-house counsels, the lecture triggered wide range of questions and answers.

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 International and Regional Contributions
 A Visit by a Delegation of the Kingdom of Saudi Arabia, 15 April 2015

On 15 April 2015, a governmental Saudi delegation paid a study visit to the Cairo Regional Centre for International Commercial Arbitration. The visit was a part of a legal training on international law conducted by Volterra Fietta, an international law firm and was meant to provide the trainees with a practical insight into the functioning of international organizations and arbitral institutions and provide them with an opportunity to engage with individuals who work with international law on a daily basis.

Trainees listened to a detailed presentation on the works and functioning of the Centre followed by a questions and answers session.

It is notable that Volterra Fietta organizes this study visit annually for Saudi Officials since 2012.

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 Queen's Mary School of International Arbitration Celebrates 30 Years of Existence
London, 19-21 April 2015

On the occasion of its 30th anniversary, the School of International Arbitration Centre for Commercial Law Studies, Queen Mary University of London held a conference in London on "The Evolution and Future of International Arbitration: The Next 30 Years" from 19 to 21 April 2015.

280 delegates from around the globe attended the Conference.

The speakers addressed several topics including the autonomous arbitral award, parties in arbitration: consent v. commercial reality, interface between courts and arbitration, distribution of power, diversity and imbalances in international arbitration and evolution and future of the arbitration process.

CRCICA Director drafted an article that he presented orally at the conference tilted: "Emergence of New Arbitral Centres in Asia and Africa: Competition, Cooperation and Contribution to the Rule of Law" in which he explained that the emergence of such centres has led to the diversification of the available arbitral fora as well as the promotion of best arbitral practices. Video of the Lecture is available at this link

A roundtable held before the end of the Conference discussed teaching and research in international arbitration.

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 ICCA Delegation in Beijing

A delegation from the International Council for International Arbitration (ICCA) visited Beijing from 7 to 9-May 2015 and held meetings with Chinse officials, judges, arbitral institutions and students. The delegation was headed by ICCA President, Professor Albert Jan Van den Berg and included ICCA's Vice-Presidents, Ms Adriana Braghetta (Brazil) and Mohamed Abdel Raouf (Egypt) as well as ICCA Governing Board Members: Professor Teresa Cheng (Hong Kong), Mr. Michael Hwang(Singapore), in addition to ICCA's Executive Director, Ms Lise Bosman.

 ICCA Delegation at MOFCOM

The first meeting was held on 8 May 2015 with officials from the Ministry of Commerce of the People's Republic of China (MOFCOM) during which the ICCA delegation discussed salient matters relating to the present and future of international arbitration in China.

 ICCA President with the President of the Supreme People's Court

The ICCA delegation then held a meeting at the Supreme People's Court of the People's Republic of China where it discussed with its President and senior Chinese judges matters relating mainly to the enforcement of foreign arbitral awards in China as well as the future of institutional arbitration in China.

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 ICCA Delegation at the Beijing Arbitration Commission (BAC)

The ICCA delegation then paid a visit to the Beijing Arbitration Commission, one of the busiest arbitration institutions in Beijing where it met with its senior officials.


 Tsinghua University Panel Discussion: "Getting Into and Getting Ahead in International Arbitration"

On the occasion of the visit of ICCA delegation to Beijing, Young ICCA organized an International Arbitration Panel Discussion on 9 May 2015. The workshop was hosted by Tsinghua University.

The topic of the session was "Getting Into and Getting Ahead in International Arbitration". It was moderated by ICCA's Executive Director, Ms Lise Bosman, and the following speakers provided their views on how to successfully build a career in international arbitration.

  • Professor Albert Jan van den Berg
  • Ms. Teresa Cheng, GBS, SC, JP
  • Dr. Mohamed Abdel Raouf
  • Mr. Damien Nyer

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 ICCA Governing Board Meeting, 12 May 2015

In his capacity as Vice-President of the ICCA Governing Board, CRCICA Director attended the annual Board meeting held on 12 May 2015 in Hong Kong. Discussions focused on ICCA's ongoing projects and future events.

It is noteworthy that ICCA has been recently running various important projects such as the ICCA Drafting Sourcebook for Logistical Matters in Procedural Orders, establishing sensible default rules and procedural precedents for many of the common procedural aspects of arbitral proceedings – aiming to level the playing field between experienced and first-time arbitration counsel. Another project is a Joint Taskforce on Third Party Funding in International Arbitration, launched together with the new Centre on Regulation, Ethics and Rule of Law at Queen Mary, University of London. This Taskforce will hold a series of expert meetings and produce several White Papers for discussion over the course of the next 2 years. A third project is a Joint Taskforce with the American Society of International Law to evaluate and report on the topic of issue conflict in investor-State arbitration and to make recommendations on best practices going forward. A fourth project is a Users Committee intended to examine issues of particular concern to corporate counsel – the users of arbitral services.

ICCA has recently published the products of its projects in a new series called the ICCA Reports. The aim of these reports is to present work on some of the more challenging aspects of arbitral practice, which may lead to debate and discussion. The first in the series, which came out in 2014, was the Young ICCA Guide on Arbitral Secretaries. The second in the Series was launched in May on the occasion of the Hong Kong summit in 2015, and is the Drafting Sourcebook – copy-paste drafting for first procedural orders that should be useful for both experienced and newer practitioners.

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 Hong Kong Summit, 12-14 May 2015

A joint ICCA-HKIAC (Hong Kong International Arbitration Centre) summit was held in Hong Kong on 13 May 2015 on "Bridging Cultures and Connecting Futures".

The aim of the Summit is to bring together thought leaders from the dispute resolution industry and engage in high-level dialogue about the new economic axis of trade and the resulting consequences for dispute resolution to discuss.

Around 350 attendees from around the world met in Hong Kong, which this year celebrates the HKIAC's 30th anniversary.

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 Publications
 Journal of Arab Arbitration: 24th Volume

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.

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Future Events
CCATP

2015 Calendar of Events will feature many events including:


1-6 November 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

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

13-14 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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