CRCICA NewsLetters
 
In this editionCRCICA RECENT CaseloadEvents UpdateContributionsFuture Events
2- 2016  
In This Edition
CRCICA Recent Caseload:
Construction Cases rank on top in the second quarter of 2016
Three new experts join CRCICA Advisory Committee
Prof. Dr. Aktham EL KHOLY
1929 - 2016
 
Events Update
The Challenges of the Egyptian Construction Industry and the Role of FIDIC,
16 April 2016

FIDIC WORKSHOP
Hands-on Experience on using FIDIC Contracts,
17 April 2016

Lecture National Centre for Judicial Studies and Visit of African Delegation,
15 May 2016
Cairo New York Convention Road Show,
21 May 2016
CRCICA Hosts IDAI Second Arbitration Moot
5 June 2016
 
CRCICA Hosts CIArb Cairo Wednesday One Seminars:
6 April 2016:
Petroleum Concession Agreements in Egypt
18 May 2016:
Setting Aside of Arbitral Awards under Egyptian Law
23 May 2016:
FIDIC and Egyptian Law: What You Must Know?
 
International and Regional Contributions
ICCA Annual Governing Board Meeting,
Mauritius, 8 May 2016
ICCA Mauritius 2016,
Mauritius, 8-11 May 2016
First Consultative Workshop on Cooperation Among African Arbitral Initiatives,
Mauritius, 11 May 2016
 
Cooperation Agreements
CRCICA signs an agreement with National Association of Construction Engineering Consultants (Russia)
 
Publications
The Journal of Arab Arbitration – Volume 2
(third edition)
 
Future Events
 
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 CRCICA Recent Caseload:
Construction Cases rank on top in the second quarter of 2016

The total number of arbitration cases filed before CRCICA until 30 June 2016 reached 1109 cases. In the second quarter of 2016, 23 new arbitration cases were filed compared to 12 cases filed in the same quarter in 2015. CRCICA's caseload in the second quarter of 2016 involved disputes relating to Construction, Sale and Purchase of Shares, Lease Agreements, Partnership Agreements, Joint Venture Agreements, Settlement Agreements, Services, Media and Entertainment, Real Estate, Hotel Management, Agency Agreements and Telecommunications.

Construction cases rank on top of the cases filed during the second quarter of 2016 with 10 cases. The first case related to a contract concluded for constructing a hospital owned by a charitable organization in Sixth of October City, Giza. The contract out of which the second case has arisen was concluded between a contractor and an employer in relation to the execution, completion and remedy of defects of the structural Package of a well-known Hotel in Cairo. The third construction case related to the implementation of a number of pumping stations located in Abu Hummus Centre, El Beheira governorate in Egypt. The fourth construction case related to a contract for the completion of a multi-store underground car park in Cairo. The Fifth construction case related to the performance of civil and electrical works for calcium carbonate plant in Minya governorate in Egypt. The contract out of which the dispute in the sixth construction case has arisen is relating to the renovation of the balconies of the western facade and the central air conditioning in a well-known hotel in Alexandria, Egypt. The seventh construction case related to a contract concluded for the construction and handing over of 18 Reefer Gantries Platforms and Foundation of substation of reefer located in Port Said East Port, Egypt. The eighth construction case related to the implementation of the electromechanical works for a building in Sixth of October City, Giza. The ninth construction case related to electrical and mechanical modifications for a corporation building in the Smart Village, Giza, Egypt. The tenth case related to a claim for outstanding amounts arising out of a contract for the performance of the core and shell works for a housing project located in Sixth of October City, Giza.

Two cases arising out of Sale and Purchase of Shares Agreements were filed during the second quarter of 2016. The first case related to 100% share purchase of a leading Egyptian manufacturing company, producing and distributing carbonated soft beverages using well - known trademarks. The second case related to a dispute arising out of a contract for the purchase of a State owned company (privatization) specializing in engineering and equipment.

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Three new experts join CRCICA Advisory Committee
 Three new experts join CRCICA Advisory Committee

CRCICA is pleased to announce that as of May 1st, 2012, three eminent experts have been nominated as members of its Advisory Committee for a four-year term expiring on April 30th, 2016.

The three new members are:

Biographies and others details pertaining to the new AC members are available at http://www.crcica.org.eg/org_advisorycommittee.html.

The Centre seizes this opportunity to express its gratitude to the outgoing members Prof. Dr. Hossam Issa and Judge Adel Kora whose term as AC members has expired.

Pursuant to the AC By-laws, the functions of the AC include By-Laws Advisory Committee Of CRCICA (English version)

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Prof. Dr. Aktham EL KHOLY
1929 - 2016
 Prof. Dr. Aktham EL KHOLY
1929 - 2016

CRCICA mourns the loss of Professor Dr. Aktham El KHOLY, the leading arbitration specialist and former member of CRCICA Advisory Committee, who passed away on the 3rd February 2016 aged 87 years.

The late Prof. El Kholy was an attorney at law and legal Advisor admitted to the Supreme Court (Egyptian Court of Cassation) since 1975; Professor of Commercial and Maritime Law and Vice-Dean, Faculty of Law, Cairo University till 1979; Former Chief Legal Advisor at the Arab Fund for Economic and Social Development (Kuwait); Former Chief Legal Advisor of M.A. Kharafi Kuwait; Co-Arbitrator, Chairman, Attorney and Expert in international institutional and ad hoc arbitrations; Vice-President of the Egyptian Association of Francophone Jurists; Author several books, articles and papers in Arabic, English or French on civil and commercial laws of Egypt, Lebanon, and Saudi Arabia; Awarded the State Prize for his book on commercial contracts, 1959.

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 Events Update
The Challenges of the Egyptian Construction Industry and the Role of FIDIC,
16 April 2016
 The Challenges of the Egyptian Construction Industry and the Role of FIDIC,
16 April 2016

CRCICA hosted the first business conference of the International Federation of Consulting Engineers (FIDIC) held under the title “The Challenges of the Egyptian Construction Industry and the Role of FIDIC” on 16 April 2016, at Dr. Esmat Abdel Meguid Auditorium, CRCICA Conference Centre.

The conference was held in cooperation with the Egyptian Society of Consultative Engineers (ESCONE), the Egyptian Engineers Syndicate (EES), the Contractual and Legal Aspects in Construction Program (CLAC) and the Society of Construction Law (SCL).

In a balanced structure, expert speakers discussed the challenges of the Egyptian construction industry out of local and international perspectives and evaluate how international construction contracts of wide use as FIDIC contracts are, can help reconcile the needs of local employers and foreign companies implementing major projects in Egypt and whether and to which extent joint efforts are needed for better performance. Beside a pool of Egyptian speakers, experts from Switzerland, Sweden, United Kingdom, Romania represented the FIDIC. Also, speakers from Romania and Jordan presented their countries’ experiences in the application of the FIDIC contracts.

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(Photo Gallry)

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FIDIC WORKSHOP
Hands-on Experience on using FIDIC Contracts, 
17 April 2016
 FIDIC WORKSHOP
Hands-on Experience on using FIDIC Contracts,
17 April 2016

Moderated by Mrs. Aisha Nadar, Consultant at Advokatfirman Runeland AB, and Member, FIDIC Updates Task Group 1999 Suite, the workshop featured five training sessions: Which Contract to Choose and why; drafting and negotiating particular conditions; operation of FIDIC contracts; claims and dispute avoidance and resolution.

Trainees practised two interactive exercises, the first of which took the form of a procurement problem, setting out the contours of the project and having the students identify which forms they would use and why. The second exercise tackled claims, their categorization and the allocation of costs.

The workshop was very well received in the Egyptian marketplace and was attended by more than 50 trainees being lawyers, consulting engineers, developers, judges, contract managers representing a variety of top businesses…etc. It was quite interesting that participants come from Algeria, Bahrain, Egypt, KSA and Sudan.

(Photo Gallry)

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 Lecture National Centre for Judicial Studies and Visit of African Delegation
15 May 2016

On 15 May 2016, CRCICA Director delivered a lecture in English to 20 delegates from several African states on the pre-award arbitral proceedings. The lecture was given within the context of a training program specially tailored for the African delegates by the National Centre for Judicial Studies (NCJS), the training department of the Egyptian Ministry of Justice.

Upon the request of the delegates, the lecture was followed by a visit to CRCICA headquarters where they were familiarized with concrete aspects of the arbitral proceedings.

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Cairo New York Convention Road Show
21 May 2016
 Cairo New York Convention Road Show
21 May 2016

On 21 May 2016, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), in cooperation with the International Council for Commercial Arbitration (ICCA) and the National Centre for Judicial Studies organized the Cairo New York Convention (NYC) Roadshow at CRCICA Conference Centre in Cairo-Egypt.

The event was attended by 56 Egyptian judges from the following courts: The Court of Cassation, the Cairo Court of Appeal, the Southern Cairo First Instance Court, the Giza First Instance Court, the Cairo Economic Court, in addition to members of the public prosecution at the Court of Cassation.

The discussions were led by the following seven experts: Prof. Dr. Ahmed S. El Kosheri (Founding Partner, Kosheri, Rashed and Riad, Cairo-Egypt and Advisory Member of ICCA); Prof. Dr. Borham Attallah (Civil Law Professor, Faculty of Law, Alexandria University); Judge Dominique Hascher (French Cour de Cassation and ICCA Governing Board member), Judge Bohan Amrallah (former President of the Cairo Court of Appeal), Judge Nabil Omran (Vice-President of the Court of Cassation), Judge Ismail Al-Ziady (Cairo Court of Appeal) in addition to CRCICA Director and ICCA Governing Board member, Dr. Mohamed Abdel Raouf.

The program of the one day event included three lectures covering the following topics: 1) An overview of the NYC, its objectives, means of interpretation and salient comparative judicial application; 2) the importance of the NYC as a means of assuring legal security; and 3) the role of the national judge in the international arbitration process from the perspectives of both the practitioners and the judges.

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CRCICA Hosts IDAI Second Arbitration Moot, 
5 June 2016
 CRCICA Hosts IDAI Second Arbitration Moot
5 June 2016

Created in November 2004 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 second Internal Moot held by the Club d'arbitrage et de plaidoirie de l'IDAI was hosted by CRCICA on 5 June 2016 where four groups of students pleaded their cases before two arbitral tribunals composed of a blend of six experienced specialists and graduates.

It is worth mentioning that 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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 CRCICA Hosts CIArb Cairo Wednesday One Seminars:
6 April 2016:
Petroleum Concession Agreements in Egypt
 6 April 2016:
Petroleum Concession Agreements in Egypt

The April Wednesday One Seminar entitled “Petroleum Concession Agreements in Egypt” was delivered by Mr. Mohamed Abdel Latif, Lawyer and Arbitrator. The lecturer analyzed the legal and organizational frameworks of concession agreements in Egypt and examined the relation between parties thereto in all stages of operation. Special attention was given to the settlement of disputes likely to arise out of concession agreements.

The scholastic style of the lecture triggered significant questions and led to fruitful discussions. The seminar was attended by representatives of petroleum companies, oil and gas governmental authorities and private lawyers.

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The Role of the French Cour de Cassation in Arbitration
 18 May 2016:
Setting Aside of Arbitral Awards under Egyptian Law

The first of two May Seminars was delivered by Dr. Naglaa Nassar, Principal, Nassar Law Office under the title “Setting Aside of Arbitral Awards under Egyptian Law”. The speech highlighted the salient features of setting aside arbitral awards under the Egyptian Law and analyzed the most common practical issues arising out of the application of the law.

Attendees were a mixture of judges, private lawyers who interacted all together in a lively fashion.

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23 May 2016:
FIDIC & Egyptian Law: What You Must Know?
 23 May 2016:
FIDIC and Egyptian Law: What You Must Know?

The second May Seminar focused on “FIDIC and Egyptian Law: What You Must Know?” and was delivered by Mr. Scott Lambert, Regional Head – Construction & Infrastructure- Al Tamimi & Co. The seminar examined how the Egyptian Law interacts with the written terms of the FIDIC’s general conditions (focusing on the 1999 Red Book) and explained that what is written may not legally mean what it says. Special focus was given to time bars, limited damages, limitation of liability, variations, suspension and termination. Also, the speaker considered some of the common amendments to the clauses and some practical contract administration tips. In conclusion, Mr. Lambert communicated an important message that balancing common law contracts under civil law can be tricky and that users should know their projects to correctly decide which model FIDIC standard contract to use.

Attendees represented the Egyptian construction community and got engaged in lively discussions.

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 International and Regional Contributions
ICCA Annual Governing Board Meeting
Mauritius, 8 May 2016
 ICCA Annual Governing Board Meeting
Mauritius, 8 May 2016

In his capacity as an elected member of the ICCA Governing Board, CRCICA Director attended the annual ICCA Governing Board meeting held on 8 May 2016 in Mauritius on the occasion of the ICCA Mauritius 2016 Congress.

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 New York Convention Roadshows, Issue Conflicts in International Arbitration, Third-Party Funding, and drafting Sourcebook for Organizing International Arbitrations.

During the meeting, the Governing Board members voted for Edinburgh, Scotland to host the 2020 ICCA Congress from 10 to 13 May 2020. It is worth mentioning that the next ICCA Congress is taking place in Sydney from 15 to 18 April 2018.

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ICCA Mauritius 2016
Mauritius, 8-11 May 2016
 ICCA Mauritius 2016
Mauritius, 8-11 May 2016

The 2016 ICCA Congress took place in Mauritius from 8 to 11 May 2016 for the first time in Africa. The Congress theme was “International Arbitration and the Rule of Law: Contribution and Conformity”. In addition to being a member of the program committee that has prepared the program of the Congress, CRCICA Director moderated a panel on day 3 of the Congress discussing “What Are Appropriate Remedies for Findings of Illegality in Investment Arbitration?” The Panelists were Jean E. Kalicki (United States; Independent Arbitrator), Constantine Partasides QC (United Kingdom; Three Crowns) and Nassib G. Ziadé (Lebanon/Chile; Bahrain Chamber for Dispute Resolution). The panel led to a sophisticated debate between Constantine Partasides and Nassib Ziadé about the legal consequences of contracts found to have been procured by corruption, in which, as noted by Jan Paulsson, each speaker went beyond simplistic answers and caused members of the audience to question their own understanding of the incentives created by alternative solutions. The remarks exchanged during the panel prompted insightful interventions from the floor, particularly from African participants.

It should be noted that two distinguished members of CRCICA Board of Trustees, Dr. Mohamed El Baradei and Judge Abdulqawi Yusuf delivered Keynote speeches and addresses on “International Arbitration: The Big Picture” and “The Contribution of Arbitration to the Rule of Law-The African Experience”, respectively.

.For further details about the ICCA Mauritius 2016 Congress, please click here

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First Consultative Workshop on Cooperation Among African Arbitral Initiatives,
Mauritius, 11 May 2016
 First Consultative Workshop on Cooperation Among African Arbitral Initiatives,
Mauritius, 11 May 2016

Upon the initiative of ICCA, which established ICCA’s Working Group on African Arbitral Practice on 8 May 2016, the first Consultative Workshop on Cooperation Among African Arbitral Initiatives was held on 11 May 2016 in Mauritius on the occasion of the first ICCA Congress to be held in Africa.

The Workshop was hosted by ICCA in cooperation with the Permanent Court of Arbitration (PCA) and the United Nations Commission on International Trade Law (UNCITRAL). It was designed for African arbitration specialists and entities engaged in international dispute resolution practice in Africa, with the aim of consulting on potential avenues of cooperation among the various arbitral initiatives and possibly forging a coordinated way forward.

The Workshop was attended by almost 40 experts from Africa and beyond who shared information and raised awareness about (1) the work of both established and newer arbitral institutes, and (2) ongoing capacity-building initiatives in the field of international arbitration in Africa; and exchanged views on potential areas of coordination and cooperation going forward. CRCICA Director attended the Workshop and chaired one of its sessions overviewing the activities of Africa-based arbitral institutions.

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 Cooperation Agreements
CRCICA signs an agreement with National Association of Construction Engineering Consultants (Russia)
 CRCICA signs an agreement with National Association of Construction Engineering Consultants (Russia)

On the sidelines of the Conference on “The Challenges of the Egyptian Construction Industry and the Role of FIDIC” held on 16 April 2016, CRCICA signed a new cooperation agreement with the National Association of Construction Engineering Consultants (NACEC) (Russia).

By dint of this agreement, CRCICA and NACEC will function bilaterally with a range of activities including organization of events and exchange of information, with the aim of developing business relations between CRCICA and NACEC partners and collaborators.

The significance of this agreement lies in its being the first business-specific agreement as it focuses mainly on cooperation in consulting engineering-related activities.

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 Publications
Journal of Arab Arbitration: 2nd Volume
 The Journal of Arab Arbitration – Volume 2 (third edition)

In May 2016, CRCICA re-issued the third edition of the 2nd Volume of the Journal of Arab Arbitration (January 2000). The re-print has been annotated with updates on new legal texts.

It includes a variety of interesting topics related to Islamic Law (Sharia), the agreements of the World Trade Organization with a focus on the Dispute Settlement Understanding, globalization and Arab arbitration and the International Covenant on Economic, Social and Cultural Rights.

It is notable that the Journal is a CRCICA-sponsored Publication of the Arab Union of International Arbitration (AUIA) issued semi-annually to circulate updated articles, judicial awards and arbitral precedents mainly in Arabic with some incidents of English texts.

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 Future Events
ICSID 50th Anniversary in Cairo, Egypt
27 September 2016
ICSID Course: 
Navigating an ICSID Arbitration from Start to Finish

2016 Calendar of Events will feature many events including:


September
27-28
 ICSID 50th Anniversary in Cairo, Egypt
 27 September 2016
 ICSID Course:
Navigating an ICSID Arbitration from Start to Finish
 
 28 September 2016:
ICSID-CRCICA Joint Conference
Key Issues in International Investment Arbitration
 

November
19-20
 19-20 November 2016:
Sharm El Sheikh VI
"The Role of State Courts in International Arbitration"

   
3 - 4
April
2017
 The Role of African governments in promoting arbitration in Africa" in cooperation with SOAS university of London

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CRCICA

Cairo Regional Centre for International Commercial Arbitration
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