Newsletter

2 - 2017

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Acknowledgement to Dr. Mohi Eldin Alam Eldin, the CRCICA's "Quill Pen"

CRCICA owes sincere tribute to prominent figures who significantly contributed to its enduring reputation and esteemed quality. Dr. Mohi Eldin Alam Eldin stands among the forefront of those who portrayed CRCICA visage to the international world of publications. He was named the CRCICA's "Quill Pen" by Former Director Dr. Abdelraouf.

Dr. Alam Eldin started his streaming contributions to CRCICA as a Legal Advisor in 1998. Earlier, in 1996 Dr. Alam Eldin launched a series of articles in the most famous Egyptian Economic journal "Al Ahram Al Iqtisadi"; introducing the notion and aspects of "arbitration" and "arbitration under CRCICA". Those articles played a major role in spreading the culture of arbitration in Egypt and the Middle East, especially since the issuance of the Egyptian Arbitration Law in 1994.

Dr. Alam Eldin is the author and caretaker of most of CRCICA publications' legacy. Starting from 2002, Dr. Alam Eldin has authored a series of "Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration" in both the English and the Arabic languages, totaling 11 volumes (seven in Arabic and 4 in English). An exemplar of those publications is the "Construction Arbitral Awards Rendered under the Auspices of CRCICA". In general, the said Volumes cover the awards rendered under the auspices of the CRCICA since 1984 and onwards. They include excerpts of the most important awards rendered under the auspices of the Centre and commentaries on the issues they raise. Dr. Alam El Din is working to release the 12th volume of CRCICA Awards in 2018.

He is also the Chief Editorial Advisor of the "Journal of Arab Arbitration"; the first journal related to arbitration in the region. Thanks to Dr. Alam Eldin dedicated efforts over decades, CRCICA's vital role and contributions in the international commercial arbitration community was highlighted, in addition to the excellent information and guidance his publications provided for arbitrators, counsels, academics, judges and scholars worldwide.

Dr. Alam Eldin's contributions to the Egyptian legal scholarship is not limited to arbitration, since he also published important treaties on the Egyptian commercial and banking laws.

The serious and honest devotion of Dr. Alam Eldin career path is not limited to his professional caliber but is echoed as well in his noble spirit and friendly attitude with CRCICA teamwork along his curriculum profile. Further publications are still expected from Dr. Alam Eldin.

Further interesting information about Dr. Alam Eldin can be reached at website link

Newsletter

2 - 2017

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CRCICA Recent Caseload: A rich variety of Cases

The total number of cases filed before CRCICA until 30 June 2017 reached 1192 cases. In the second quarter of 2017, 12 new cases were filed, compared to 23 new cases filed in second quarter of 2016.

The Centre's caseload in the second quarter of 2017 involved disputes related to lease agreements, contracts for works, supply, agency, shareholders' agreement, hotel management, technical assistance and loan facilities.

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Three cases related to disputes arising out of contracts for works. The first case related to a contract for mechanical infrastructure works. The second case related to a contract for the design, supply, erection and installation of electro-mechanical works for a production plant located in South of Helwan, Cairo. The third dispute related to a land drilling contract for a site located in in Fayum, Egypt.

Two cases related to enforcement and rescission of share purchase agreements. Two cases related to supply agreement. The first case involved a petroleum coke and steam coal purchase and sale agreements. The second case related to a contract for the supply of experienced laborers made between an Egyptian and a Singapore company.

The remaining five cases involved different subject matters. The first case involved a contract for the lease of a building in New Cairo as an administrative headquarters between Egyptian and Saudi parties. The second case involved an agency agreement concluded between a Saudi airline company and a multinational tourism company.

The third case involved a hotel management dispute between a Spanish Hotelier company and an Egyptian Tourism company.

The fourth case related to a construction contract between Egyptian and Saudi companies for the construction of power plants in Egypt and in Saudi Arabia.

The fifth case related to a contract to provide technical support and assistance in obtaining credits and financing of small and medium enterprises.

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The second quarter of 2017 witnessed the appointment of arbitrators coming from Egypt, England, America and Lebanon.

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It is also worth stating that amongst the 12 cases filed in this quarter, seven cases were conducted in Arabic, as the five remaining cases were conducted in English.

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Types of Disputed Contracts (2nd quarter 2017):

  • Works and Construction 4/12
  • Supply contract 2/12
  • Lease agreement 1/12
  • Agency agreement 1/12
  • Hotel Management 1/12
  • Shareholders agreement & mergers 2/12
  • Investment promotion contract 1/12

Cases involving at least one non-Egyptian party:

  • Saudi Arabia: 17%
  • Singapore 1: 8%
  • Spain 1: 8%

Language of proceedings:

  • 42% in English
  • 58% in Arabic

Newsletter

2 - 2017

Advisory Committee Meetings

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First Quarterly Meeting of CRCICA Advisory Committee in 2017, 8 April 2017

The CRCICA Advisory Committee (AC) held its first quarterly meeting on 8th April, 2017. The meeting was attended by 9 out of the current 15 members of the AC. The attendees were: Prof. Dr. Ahmed Sadek EL KOSHERI (Egypt) (Chairman of the AC), Dr. Ismail SELIM (Egypt), Dr. Emilia ONYEMA (Nigeria), Judge. Dr. Borhan AMRALLAH (Egypt), Counsellor Amin ELMAHDI(Egypt), Prof. Dr. Mohamed BADRAN (Egypt), Prof. Dr. Mohamed Salah ABDEL WAHAB (Egypt), Prof. Dr. Samir El SHARKAWI (Egypt), and Dr. Mohamed ABDEL RAOUF (Egypt). It is worth noting that Dr. Abdel-Raouf and Ms. Onyema attended this Meeting as new AC members. During the Meeting, Counsellor Amin ELMAHDI was unanimously elected to be the Chairman of the AC for the coming four years, and he presided the Meeting thereafter.

Dr. Selim; CRCICA Director, presented the Centre's orientation for the coming four years and announced the issuance of the French version of Arbitration Rules. Upon discussing the issue of repeated appointment of arbitrators raised by cases' incidents, AC members agreed on possible amendment of the existing Practice Note. AC members also discussed organizing a commercial investment arbitration moot involving African participants.

Newsletter

2 - 2017

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Second Quarterly Meeting of CRCICA Advisory Committee in 2017, 8 June 2017

On 8th June 2017, the (AC) held its second quarterly meeting; chaired by Counsellor Amin ELMAHDI. Eight members attended the meeting. The attendees were Prof. Dr. Ahmed Sadek EL KOSHERI, Dr. Ismail SELIM, Dr. Mohamed ABDEL RAOUF, Prof. Dr. Mohamed BADRAN, Prof. Dr. Mohamed Salah ABDEL WAHAB, and Judge. Dr. Borhan AMRALLAH. Prof. Dr. Nassib Ziade and Mrs. Samaa Haridi joined by video conference. Dr. Emilia Onyema sent her opinion in writing.

During this meeting, the AC approved the amendment of the Centre's Practice Note related to the application of Article 10.3 of the Centre's Arbitration Rules. The Committee discussed the draft amended Practice Note submitted by the Centre and approved the Note in its final version.

Newsletter

2 - 2017

Events Update:

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CRCICA Africa Arbitration Week!

AILA International Conference on A Paradigm Shift in International Investment Law,
2 April 2017

In light of CRCICA's policy of cultural diversity and multilateral cooperation with African partners, CRCICA hosted and sponsored, jointly with the Faculty of Law, University of Geneva, the first Conference of the Africa International Legal Awareness (AILA) titled "A Paradigm Shift in International Investment Law" on 2 April 2017.

The conference' program included topics related to Egypt's experience in investment arbitration from the perspectives of the state, the investors and the arbitrators and as well as presenting the new Egyptian investment law. Investment treaties, including a reevaluation of their dispute settlement provisions, challenges facing both the drafters and negotiators of investment treaties were examined in depth, ending with a discussion on the necessity for a balanced system of investment treaties and arbitration by guaranteeing the states' rights in treaties, allowing counterclaims in proceedings, and making the treaties work for sustainable development.

The conference included a large number of speakers from different backgrounds, including law professors, partners of Egyptian and international law firms, as well as representative of the United Nations Conference on Trade and Development (UNCTAD). The Conference attracted utmost attention being held on the verge of issuing the new Egyptian Investment Law and was attended by 88 participant representing prominent international and African legal experts from 12 countries; namely Botswana, Cameroon, Egypt, France, Ghana, Kenya, Mauritius, Netherlands, Nigeria, Sudan, Uganda and UK.

Newsletter

2 - 2017

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Round Table Expert Discussion on "Investment Arbitration at Grassroots Level: Impact of Recent and Planned Changes to Investment Law on Parties and their Counsels",
3 April 2017

On 3rd April 2017, CRCICA hosted a round table expert discussion on "Investment Arbitration at grassroots Level: Impact of Recent and Planned Changes to Investment Law on Parties and their Counsels". The discussion was conducted by Ms. Laura Halonen, Counsel, Lalive. The discussions focused on recent changes to the legal framework of investment arbitration such as the increased trend towards transparency and suggestions of a multilateral investment court. Different views and issues were raised by the attending experts and practitioners. Participants at the round table were from Egypt, USA, Kenya and Ethiopia.

Newsletter

2 - 2017

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ICCA Second Consultative Workshop on Cooperation among African Arbitral Initiatives,
3 April 2017

On 3rd April 2017, CRCICA hosted and organized, in cooperation with the International Council for Commercial Arbitration (ICCA), the Second Consultative Workshop on "Cooperation Among African Arbitral Initiatives". The Workshop represented an opportunity for discussing and concretizing the resolutions of the First Workshop held in Mauritius on 11 May 2016 aiming at laying a foundation for stronger cooperation among arbitral institutions and reviewing arbitration initiatives in Africa. The program of the CRCICA Workshop introduced four separate parallel sessions approaching how far progress was achieved by working groups in the following issues: formation of the umbrella organization, education and training, access to information initiatives, and technical assistance. Report-backs were delivered by working groups at the end of discussions. Ongoing work of 1-ARB Africa was also presented shedding light on the progress in establishing the Archive of Historical Cases involving African Parties from 1990 to 2000. The Workshop was coordinated by Ms. Lise Bosman; ICCA Executive Director and attended by 22 participants representing ICCA's Working Group including some Governing Board members among whom are Mrs. Funke Adekoya, Dr. Mohamed Abdel Raouf and Judge Abdulqawi Yusuf.

Closing remarks reflected a common consensus on harmonizing and enhancing regional and continental cooperation among existing capacity -building initiatives.

Newsletter

2 - 2017

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SOAS-CRCICA International Conference on: The Role of African States and Governments in the Development of Arbitration in Africa,
3-5 April 2017

CRCICA organized jointly with SOAS University of London the international conference on "The Role of African States and Governments in Supporting the Development of Arbitration in Africa" during 3-5 April 2017, held in CRCICA auditorium, Cairo-Egypt. The event was considered the third in the series of four identified themes in SOAS research project entitled 'Creating a Sustainable Culture of Arbitration as a Mechanism for Commercial Dispute Resolution in Africa'.

Papers and discussions focused on the means for African states to contribute to the promotion and growth of arbitration across the continent. The two days agenda included five panels which discussed institutional arbitration in Africa, the attitude of African governments towards arbitration and the legal environment for investments arbitration. Views from outside Africa and responses from government ministers were introduced as well. The agenda also included a roundtable examining arbitration related to UNCITRAL texts and their adoption by African states. The diversity of speakers' backgrounds was reflected in cross cultural diversity of topics and discussions. The conference included speakers from UK, Mauritius, Ghana, Rwanda, South Africa, Nigeria, Egypt, Morocco, Cote d'Ivoire, Somalia, Burkina Faso, Cameroon, Kenya, Sudan, India, France, Uganda, USA, Malaysia, and Italy.

The Conference was attended by 123 participants from 26 countries, namely, Austria, Belgium, Brazil, Cameroon, Democratic Republic of Congo, Egypt, Ethiopia, France, Ghana, Italy, Jordan, Kenya, Malaysia, Mauritius, Mexico, Morocco, Nigeria, Rwanda, Somalia, South Africa, Sudan, Tanzania, The Netherlands, Tunisia, Uganda, UK, and USA.

Newsletter

2 - 2017

Wednesday One Seminar

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CIArb Cairo Wednesday One Seminar: Anti-suit Injunctions: A tool to enforce the Arbitration Agreement,
26th April 2017

The CIArb Cairo Wednesday One Seminar titled "Anti-suit Injunctions: A tool to enforce the Arbitration Agreement" held on 26th April 2017 was delivered by Dr. Hatem Abdel Rahman; Lecturer of Commercial Law, Faculty of Law- Arin Shams University. Dr. Abdel Rahman presented a historical background of the anti-suit injunctions until their development as a tool to comply with arbitration agreements. He examined the various scholarly opinions and the divergence between legal systems related to the issue. The lecture was followed by discussions.

Newsletter

2 - 2017

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CIArb Cairo Wednesday One Seminar: The New Egyptian Investment Law,
3 May 2017

The Seminar was delivered by Mr. Mohamed Khodeir; Executive President of the General Authority for Investment and Free Zones (GAFI), and by Mr. Naser Shehata; Legal Counsel at (GAFI) who delivered an introductory speech on the provisions of the new investment law. Further, Mr. Khodeir dealt with the practical aspects of the new investment law and highlighted its inclusion of a reform of the procedures to establish investment projects and its provision for better guarantees and incentives for investments. The aim of the reform, he added, is to attract investments in the regions in need. The lecture was followed by discussions.

Newsletter

2 - 2017

Regional and International Contributions:

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Lecturing at the Egyptian Society of International Law on "International Public Order in Commercial Arbitration",
15 April 2017

On 15 April 2017, CRCICA's Director, Dr. Ismail Selim delivered a speech at the premises of the Egyptian Society of International Law on "International Public Order in Commercial Arbitration". The session was moderated by its president Prof. Moufid Shehab.

Dr. Selim discussed the relevance of the concept of public order o all stages of the arbitration process, starting from the arbitrability of the dispute until the issuance of the award and post-arbitral proceedings. He outlined that the international public order is in fact a national public order applied by arbitrators and judges in international relations, and hence the traditional critics of the concept concern in reality the notion of transnational public order. Dr. Selim gave explanatory examples from Egyptian and international jurisprudence.

Newsletter

2 - 2017

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The Paris Symposium "Towards a Globalized Law of Arbitration",
20 April 2017

On 20 April 2017, CRCICA was represented by its Director at the Paris Symposium "Towards a Globalized Law of Arbitration" organized by Chambre arbitrale internationale de Paris, the research centre CEDIN at ParisNanterre University, the Comité français de l'arbitrage and the China International Economic and Trade Arbitration Commission (CIETAC). Dr. Selim intervened in the First Round Table titled "Arbitration Centres: From Competition to Cooperation". He focused on the competition between arbitration centers as a healthy means to ensure providing better justice and highlighted the importance for all arbitral institutions to adopt and respect international standards of integrity and transparency Dr. Selim also outlined the suitability of CRCICA as an ideal neutral venue to administer cases involving European and Chinese parties. Dr. Selim also spoke about regionalization of arbitral institutions highlighting the role of regional centres especially in terms of familiarity and affordability. The symposium was attended by 100 representatives of arbitration institutions, law professors, lawyers and arbitrators. A report on the Symposium was published at the "Cahiers de l'Arbitrage" n° 2-2017. To watch the Symposium and the debates, please click here

Newsletter

2 - 2017

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Informing International Law Firms on CRCICA's History and Latest Developments:

The Director of CRCICA has visited Paris Office of Jones Day, and London offices of Herbert Smith Freehills and Shearman & Sterling, on 21st of April and 20th of June respectively, to provide a power-point presentation on the CRCICA.

Such power-point presentation comprised a brief on the CRCICA's history, Board of trustees and Advisory committee. It has also dealt with CRCICA's caseload, recent international recognitions and activities including conferences and publications.

The presentation was followed by Qs & As.

Each session was attended by Partners and members of arbitration groups as well as lawyers working on non-contentious matters.

Said presentations proved to be informative, as law firms are consulted as to the choice of arbitration under the CRCICA rules."

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Newsletter

2 - 2017

May 2017: In the Heart of Africa!

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CRCICA orientation towards the arbitration community in Sub-Sahara Africa was best featured during May 2017,Dr. Selim represented CRCICA in three successive major arbitral events held in Sub-Sahara Africa.

The Fifty Sixth Annual Session of the Asian-African Legal Consultative Organization (AALCO), Nairobi, Kenya,
5 May 2017

CRCICA was represented by its Director in the 56th session of AALCO, attended by representatives of 26 member states. held on 5 May 2017. Dr. Selim presented CRCICA's annual report featuring CRCICA's activities during last year.

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The Second ICC Africa Regional Arbitration Conference in Lagos, Nigeria,
14 - 16 May 2017

Holding the 2nd ICC Africa Regional Arbitration Conference in Lagos, Nigeria reflected the growing revival of international arbitration in Africa. The event was organized by the ICC International Court of Arbitration jointly with ICC Nigeria on 14 and 16 May 2017. CRCICA's Director delivered speech on "An Arbitration Seat in Africa: Challenges and Opportunities", where he urged African states to ensure a legislative framework favouring arbitration and guaranteeing the enforcement of arbitral awards by their courts and highlighted the economic benefits of the industry of "arbitration tourism".

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Visits to Nigerian Law Firms in Lagos,
17 May 2017

On 17 May 2017, the CRCICA's Director visited prominent Nigerian law firms, namely, Aluko & Oyebode and Banwo & Ighodalo. Dr. Selim delivered to the partners and a large number of associates at both firms a power-point presentation on CRCICA's activities and role in promoting arbitration in the region and in Africa.

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The power-point presentation included a brief on the CRCICA's history, Board of trustees and Advisory committee. It has also dealt with CRCICA's caseload, recent international recognitions and activities including conferences and publications. The presentation was followed by questions and answers.

The presentations proved to be informative, as law firms are consulted as to the choice of arbitration under the CRCICA rules."

Newsletter

2 - 2017

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Colloquium on the occasion of the 50th anniversary of the United Nations Commission on International National Trade Law (UNCITRAL) in Yaoundé, Cameron,
24 - 25 May 2017

During 24 - 25 May 2017, the Colloquium: "UNCITRAL at 50 and Arbitration in Africa" celebrated the fiftieth UNCITRAL anniversary. The Colloquium was held under the distinguished patronage of the Government of Cameroon and with the support of the Association for the Promotion of Arbitration in Africa (APAA). Dr. Selim participated in a roundtable on "The Implementation of the Domestic and International Commercial Arbitration" at the second session of the Colloquium titled "Arbitration Practice in Africa" where he presented CRCICA's experience and achievements, including, but not limited to, the issuance of the French version of the CRCICA Rules. .

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Newsletter

2 - 2017

Strengthening CRCICA's Ties with Asian!

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The Belt and Road Arbitration Initiative: Conference and Signing of a Cooperation Agreement,
9 May 2017

CRCICA participated in organizing the Conference on the "Belt and Road Arbitration Initiative" on 9th May 2017, jointly with the Beijing Arbitration Commission /Beijing International Arbitration Center (the "BAC/BIAC") and the Kuala Lumpur Regional Centre for Arbitration (the "KLRCA"). The Conference was hosted by BAC/BIAC in Beijing, China. Parallel to the Conference, a Symposium on "Investment Environment and Dispute Resolution in Malaysia and Egypt" was successfully held.

Mr. Lin Zhiwei, Secretary General of the BAC/BIAC, Dr. Sundra Rajoo, Director of the KLRCA, and Dr. Ismail Selim, Director of CRCICA delivered the opening speeches. Dr. Selim's speech, delivered in Chinese, focused on CRCICA's long experience, and highlighted its neutrality and independence. He also stressed on the Centre's continuing developments in order to meet the users' needs and provide better and faster dispute settlement services. Following the opening speeches, Dr. Ismail Selim, Mr. Lin Zhiwei, and Dr. Datuk Sundra Rajoo signed the B&R Arbitration Initiative Cooperation Agreement on behalf of their respective institutions.

The Symposium on "Investment Environment and Dispute Resolution in Malaysia and Egypt" was successfully held next to the B & R Conference. The Symposium included an introductory speech on the legal framework of investment and arbitration in Egypt by Dr. Khaled Attia; Partner, Sarie-Eldin & Partners Law Firm. Dr. Attia presented an overview on "The Investment Climate in Egypt" where he approached the recent developments in the economic and legal fields and their positive impact on investment opportunities in Egypt and added that the growing largescale infrastructure projects in Egypt offer numerous opportunities for cooperation between China and Egypt. Dr. Selim then introduced a speech on Egyptian laws and local courts' support to commercial arbitration shedding light on controversial issues in international arbitration such as the attractiveness of the seat of arbitration.

The Conference ended with the closing remarks by Mr. Liu Zhengang, Director of the Legal Affairs Office of Beijing Municipal Government.

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Within the framework of strengthening CRCICA ties with China, Dr. Selim visited China International Economic and Trade Arbitration Commission (CIETAC) on 8 May 2017, and visited as well the China Law Society (CLS) on 10 May 2017.

Newsletter

2 - 2017

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The 4th Course of China – Africa Legal Professionals Exchange Project,
5- 9 June 2017

Within the framework of the China – Africa Legal Professionals Exchange Project, CRCICA responded to the invitation of the China Law Society delegating Ms. Heba Ahmed Salem, Case Manager and Legal Researcher at CRCICA, to attend the 4th Course of China – Africa Legal Professionals Exchange Project, held from 5 to 9 June 2017 in Guangzhou, China. The Course focused on Chinese international private law, economic law, civil litigation and judicial systems, and employment law.

Newsletter

2 - 2017

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BIAC London & Zurich Summits,
June 2017

On 19th June 2017, Dr. Nabil Elaraby, President of CRCICA's Board of Trustees, delivered the closing remarks at the "2017 London Summit on Commercial Dispute Resolution in China" organized by the Beijing Arbitration Commission/ Beijing International Arbitration Center (BAC/BIAC). His remarks focused on the Belt and Road project and the necessary cooperation between the concerned states in order to help understanding the laws and the legal framework regulating different kinds of transactions in each of these states, which will ultimately facilitate economic cooperation and ensure fair dispute resolution mechanisms.

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CRCICA Director, Dr. Ismail Selim, participated as well in the "2017 London Summit. Dr. Selim spoke at the Panel related to "The Trends in Construction Market in the PRC: PPP Practice on Infrastructure Development (Construction), and commented on the report related to "Construction Dispute Resolution in China", comparing it with the dispute resolution in the Construction sector in Egypt and in the Egyptian Law on Public Private Partnerships (PPP). CRCICA caseload in the field of construction disputes was approached as well.

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Prof. Dr. Mohamed S.Abdel Wahab, Founding Partner and Head of International Arbitration, Zulficar & Partners; Chair, Private International Law (Cairo University); and Member of CRCICA Advisory Committee, also attended the London Summit representing CRCICA. He participated in the session on "The Impact of Regulatory Changes on Private Investment & Finance Disputes in the PRC" to comment on the Report submitted on Chinese law related to financial and economic regulatory changes.

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On 23 June 2017, Dr. Dalia Hussein, Legal Advisor at CRCICA, attended the "2017 Zurich Summit on Commercial Dispute Resolution in China' organized by the Beijing Arbitration Commission/ Beijing International Arbitration Center (BAC/BIAC). Dr. Hussein participated in the session related to "The Impact of Regulatory Changes on Private Investment & Finance Disputes in the PRC" and commented with other members of the panel on two reports, namely, the "Annual Review on Financial Dispute Resolution in China" and the "Annual Review on China Investment Dispute". Her comments focused on the impact of new Chinese regulations and their relationship with the negotiation of Chinese investment treaties.

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Also Me. Philippe Leboulanger, Partner at Leboulanger & Associés, Member of CRCICA Board of Trustees and Vice President of its Advisory Committee, attended the Zurich Summit representing CRCICA. He moderated the session on “Enforcement of Intellectual Property in the PRC: Options and Solutions”.

Newsletter

2 - 2017

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