CRCICA News Letters
In this edition
 
CRCICA's recent Caseload:
An unprecedented filing of Multiparty Arbitrations
 
NEW CRCICA International Hearing Centre:
A State-of-the-Art blooming from Cairo out to the whole Region
 
CRCICA Advisory Committee Meeting
19 September 2013
 
Events Update
 
Comparative Commercial Arbitration: Theory And Practice (CCATP) 2013 Continued
1-3 September 2013:
Third Module: The ARBITRAL PROCEEDINGS
 
International Contributions
 
MENA Regional Mediation Forum
 
ISPRAMED Works on the Independence and Impartiality of Arbitrators
 
SCC Board Meeting
13 September 2013
 
Arbitration in Africa:
a practitioner's Guide
 
Save the Dates !
 
2-5 December 2013:
Fourth Module: THE ARBITRAL AWARD
 
Membership of CRCICA Now open
 
CRCICA's recent Caseload: An unprecedented filing of Multiparty Arbitrations

The total number of arbitration cases filed before CRCICA until 30 September 2013 reached 919 cases. In the third quarter of 2013, 18 new arbitration cases were filed, out of which five multiparty arbitrations, representing 27%. An arbitral tribunal composed of five arbitrators will be appointed in one of those multiparty cases, while the other four cases will be conducted before a tripartite arbitral tribunal.

CRCICA's caseload in the third quarter of 2013 involved disputes relating mainly to construction, lease agreements, real estate, supply contracts, investment agreements, services, petroleum services, sale and purchase of shares, hotel management, insurance, settlement agreements and international sale of goods.

It is worth noting that, in the third quarter of 2013, three cases arising out of construction contracts were filed before the Centre, one of which related to the construction and installation of a transformers factory in Badr City, Egypt.
(read more)

up

NEW CRCICA International Hearing Centre:
A State-of-the-Art blooming from Cairo out to the whole Region

CRCICA is proud to offer to the Afro-Asian Region a brand new highly-equipped hearing centre. Over an approximate space of 850 m2 located within CRCICA's own headquarters in Cairo, the new hearing centre is composed of 3 court rooms, 2 breakout rooms, 2 lounges, a technical room, a translation room, a reception and a terrace. With a panoramic view of the Nile, the longest river in the world, the hearing centre is a beautiful mix between modern look and oriental identity.

All three court rooms are being furnished with high-tech equipment. The main one, named after Dr. Mohamed Aboul-Enein, the former Director of the Centre, is a state-of-the-art utilizing latest features of presentation techniques. Premier video conferencing systems and interactive meeting room system are installed to insure high impact visual experiences and realistic meeting environments. High-tech installations also include the latest generation of wireless audio conference systems, simultaneous interpretation system and voice recording services.

Dr. Aboul-Enein's court room is also a bi-structural masterpiece with a possibility to have either a U-shape set-up for hearings with a capacity up to 30 persons or theatre set-up for training courses with a capacity up to 50 persons.
(read more)

up

CRCICA Advisory Committee Meeting 19 September 2013

On 19 September 2013, the third meeting of CRCICA Advisory Committee (AC) for this year was held by the attendance of the following members: Prof. Dr. Ahmed Sadek El Kosheri (Chairman - Egypt), Coun. Dr. Borhan Amrallah (Egypt), Prof. Dr. Fathi Waly (Egypt), Dr. Karim Hafez (Egypt), Prof. Dr. Mahmoud Samir El Sharkawy (EGYPT), Dr. Mohamed Salah Abdel Wahab (Egypt) and Prof. Dr. Mohamed Badran (Egypt). Through teleconferencing, Ms. Rabab Yasseen participated from Switzerland. Dr. Mohamed Abdel Raouf attended the meeting in his capacity as the Director of the Centre.

The agenda of the meeting tackled, inter alia, the discussion of the Centre's policy with respect to the termination of already suspended arbitral proceedings due to failure to pay the arbitration costs.

It is notable that the AC is scheduled to meet at least four times a year. Last 2013 meeting is scheduled for December 2013.

up

Events Update
Comparative Commercial Arbitration: Theory And Practice (CCATP) 2013 Continued
1-3 September 2013:
Third Module: The ARBITRAL PROCEEDINGS

The third module of CRCICA's Comparative Commercial Arbitration: Theory and Practice (CCATP) was held on 1-3 September 2013. Beside traditional topics pertaining to the arbitral proceedings such as the commencement and conduct of proceedings, interim measures, cessation, suspension and termination of proceedings, the course tackled other important aspects of the arbitral proceedings. Examples of these aspects are: the determination of the rules applicable to the arbitral proceedings, the relationship between the selected procedural rules and the mandatory procedural provisions in the law of the place of arbitration as well as basic principles of pleadings before arbitration.

Evidence in Arbitration was tackled intensively including the general rules of evidence, the rules applicable to the taking of evidence, the means of Evidence [writing - witness - experts (The Sachs Protocol) - Inspection], the production of documents [The Redfern Schedule], discovery, tribunal's discretion in weighing the evidence and finally the IBA Rules on the Taking of Evidence in International Arbitration, May 2010). At the end of the module, a mock case was discussed in groups.

It is notable that CRCICA launched CCATP in 2011 as the first comparative commercial arbitration course in the Arab region in cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb).
(read more)

up

International Contributions
MENA Regional Mediation Forum

As a founding member, CRCICA continues to contribute to the works and activities of the the MENA Regional Mediation Forum. It has been recently involved, among other member-Centres, in an institutional discussion of the Forum's Regional Mediation Quality Standard which targets to apply the provision of mediation services across the region. The International Finance Corporation (IFC) tasked the Centre for Effective Dispute Resolution (CEDR) to prepare a draft for member-centres to discuss and revise as needed. A final version is due to be issued shortly.

Also, CRCICA coordinates with the Lebanese Mediation Centre (LMC) to prepare the website of the Forum.

Other founding members of the Forum are: The Investors' Dispute Settlement Center, General Authority for Investment (GAFI), Cairo-Egypt; Euro-Mediterranean Center of Mediation and Arbitration (CEMA), Casablanca, Morocco; Lebanese Mediation Center (LMC) of the Chamber of Commerce, Industry and Agriculture of Beirut and Mount-Lebanon (CCIAB), Beirut-Lebanon; and Tripoli Bar Association, Tripoli, Lebanon.

up

ISPRAMED Works on the Independence and Impartiality of Arbitrators

As a founding member, CRCICA continues to work on the ISPRAMED’s draft Report on the Independence and Impartiality of Arbitrators. The draft Report illustrates the standards that the seven member Centres generally apply in order to preserve the fundamental value of independence and impartiality of arbitrators.

Such principles are published in the draft Report in categories to provide guidance and help in the decision-making process of institutions dealing with cases which raise doubts as to the arbitrators’ independence and impartiality. Additionally, they are meant to offer guidance to international arbitration users, who are able to know beforehand the positions of the Centres on critical issues of arbitration.

The draft Report divides cases of independence into four basic categories; Arbitrator's relationship with the Institution; Arbitrator's relationship with the parties or parties' counsels;
(read more)

up

SCC Board Meeting 13 September 2013

On 13 September 2013, CRCICA's Director attended the meeting of the Board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) which he joined in 2012. The SCC Board appointed five other board members from Russia, Germany, Switzerland, the UK and Sweden. The new appointments continue a tradition that began in 2006, when the SCC Board announced it would include members from outside Sweden for the first time.

SCC Board members are appointed by the Board of Directors of the SCC for a three-year period and are eligible for reappointment for a further three years. The SCC Board consists of a chair, two to three vice chairs and a maximum of 12 additional members.

The Board plays a key role in administering SCC arbitrations, including deciding on prima facie jurisdiction, arbitrator appointments, challenges to arbitrators and arbitration costs.

up

Arbitration in Africa: a practitioner's Guide

CRCICA has recently contributed to Kluwer Law's "Arbitration in Africa: a practitioner's Guide" with a chapter on Egypt. This unprecedented volume genrally edited by Lise Bosman assembles for the first time a country-by-country analysis - both practical and insightful - of how arbitration is conducted in 46 African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Five sections representing the main regions of the continent offer country overviews addressing issues such as the following:

  • adherence to the key arbitration conventions;
  • the modernity of a State's arbitration legislation and its compatibility with the UNCITRAL Model Law;
  • particular features of arbitral practice in that jurisdiction;
  • access to and (where available) statistics from local and regional arbitral institutions;
  • significant arbitration-related national case law; and
  • enforcement of foreign arbitral awards.

  • (read more)

    up

    Save the Dates !

    2-5 December 2013:
    Fourth Module: THE ARBITRAL AWARD

    CCATP's fourth module is scheduled for 2-5 December 2013. In this module, "THE ARBITRAL AWARD" is handled in depth as based on most recent court judgments in different jurisdictions. Reference documents include a huge collection of court judgments which are regularly updated, analytical articles, expert commentaries and a model arbitral award.

    Agenda items include: law applicable to the merits of the dispute, making the award, types of arbitral awards, formal requirements of an arbitral award, refraining from ruling on matters falling beyond the jurisdiction of the arbitral tribunal, drafting of the award, challenge of arbitral awards, Res Judicata of arbitral awards and enforcement of arbitral awards. At the end of the module, participants have the chance to draft an arbitral award based on the facts of a mock case.

    up

    Membership of CRCICA Now open

    The general membership of CRCICA opens to all interested professionals including arbitrators, mediators, practicing lawyers, experts in every field, academics, engineers, accountants as well as representatives of commercial and trading organizations.

    Membership criteria include, among other alternatives, completion of CRCICA four-module course: Comparative Commercial Arbitration: Theory and Practice (CCATP) which is recognized as the first ever comparative commercial arbitration course in Arabic. Other alternative criteria include the demonstration of an acceptable level of experience.

    Members will be entitled to a wide range of benefits including free subscription to the Journal of Arab Arbitration, 40% discount on books published by CRCICA, 20% discount on CRCICA hearing and conference room rental price list and free membership of CRCICA Library. For more details, please visit our website www.crcica.org.eg/membership.html

    up

    Cairo Regional Centre for International Commercial Arbitration
    1 Al-Saleh Ayoub St. 11211 Zamalek - Cairo, Egypt | T: +20 2 2735 1333/5/7 | F: +20 2 2735 1336

    info@crcica.org.eg
    www.crcica.org.eg
    © 2013 - CRCICA