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In this editionCRCICA CaseloadEvents UpdateContributionsSave the Dates !
3- 2014  
Arbitration Update
CRCICA Recent Caseload:
The 1000th Case Scored
CRCICA Advisory Committee Third Meeting in 2014
Events Update

Comparative Commercial Arbitration:
Theory and Practice (CCATP) 2014 Round Continued

Third Module:
The ARBITRAL PROCEEDINGS,
1-3 September 2014


Wednesday One September Seminar:

International Public Policy in Commercial Arbitration,
10 September 2014


Mediation Breakfast September Seminar:

Financial Benefits of using Mediation
30 September 2014


Mediation Update:

CRCICA Establishes Construction Mediation Working Group

International and Regional Contributions
61st Session of the UNCITRAL Working Group II,
Vienna, Austria,
15-19 September, 2014
Conference on legal risks and countermeasures of international investment and trade from the perspective of China-Africa cooperation,
Beijing, China,
17-18 September 2014
Public-Private Dialogue on Public-Private Partnerships in Egypt's River Transport Sector,
Cairo, Egypt,
18 September, 2014
China-Africa Conference on International Investment and Legal Risks,
Shanghai, China,
23 September, 2014
Meeting of the Drafting Committee of the International Federation of Arbitration Centres in the Islamic World,
Cairo, Egypt,
28 September 2014
Summer Internship
Save the Dates !
16-17 November 2014:
SHARM El Sheikh V:
The Role of State Courts in International Commercial Arbitration
Comparative Commercial Arbitration:
Theory and Practice (CCATP) 2014 Round Continued:
22-25 December 2014:
CCATP's Fourth Module:
THE ARBITRAL AWARD
On the occasion of the Twentieth Anniversary of the Egyptian Arbitration Law:
The Egyptian Arbitration Law:
Twenty Years of Application,
28 December 2014,
Cairo – Egypt
 
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CASELOAD
 CRCICA Recent Caseload: The 1000th Case Scored

The total number of arbitration cases filed before CRCICA until 30 September 2014 reached 1000 cases. In the third quarter of 2014, 23 new arbitration cases were filed compared to 18 cases filed in the same quarter last year.

CRCICA's caseload in the third quarter of 2014 included the filing of CRCICA case number 1000 and involved disputes relating mainly to media and entertainment, supply,construction,hotel management, lease agreements, sale and purchase of shares, real estate, concession agreements, joint ventures and services.

Media and entertainment cases dominated the third quarter with eight cases. Six cases related to purely international contracts concluded between an Arab Satellite broadcasting company headquartered in Saudi Arabia and a Sudanese company for the broadcasting of satellite channels. One case related to a contract concluded between an advertising company and a production company regarding the commercial exploitation of a very successful TV series broadcasted this year. Another case related to the exploitation rights over two television series.

(read more)
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ICCA
 CRCICA Advisory Committee Third Meeting in 2014

The CRCICA Advisory Committee (AC) held its Third quarterly meeting in 2014 on 29 September: Chaired by Prof. Dr. Ahmed Sadek El Kosheri (Chairman - Egypt) and attended by the following members: Judge Dr. Adel Koura (Egypt), Coun. Dr. Borhan Amrallah (Egypt), Prof. Dr. Fathi Waly (Egypt) Prof. Dr. Hossam ISSA (Egypt) Dr. Karim Hafez (Egypt), Prof. Dr. Mahmoud Samir El Sharkawy (Egypt) Dr. Mohamed Salah Abdel Wahab (Egypt) and Prof. Dr. Mohamed Badran (Egypt).

Among other businesses, the Committee discussed the Centre's institutional policy regarding the registration of cases based on arbitration agreements referring disputes to arbitral institutions that no longer exist, are inoperative or fictitious. Also, the phenomenon of sham arbitral institutions and the role of the Centre in this respect were discussed.

The next AC quarterly meeting is scheduled to take place in December 2014.

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 Events Update
CCATP 2014
 Comparative Commercial Arbitration:
Theory and Practice (CCATP) 2014 Round Continued:
Third Module: The ARBITRAL PROCEEDINGS, 1-3 September 2014

The third module of CRCICA's Comparative Commercial Arbitration: Theory and Practice (CCATP) was held on 1-3 September 2014. Beside traditional topics pertaining to the arbitral proceedings such as the commencement and conduct of proceedings, interim measures, suspension and termination of proceedings, the Arbitral Proceedings Module 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).

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). Tutors are Dr. Mohamed Abdel Raouf, CRCICA Director, and Dr. Mohamed S. Abdel Wahab, Vice President of the Cairo Branch of the CIArb. What is unique about the CCATP tutorial methodology is that the two tutors have both Common Law and Civil Law backgrounds and they lecture simultaneously instead of separately to give participants a wide interactive legal exposure.

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 Wednesday One September Seminar:
2 April 2014
 International Public Policy in Commercial Arbitration, 10 September 2014

On 10 September 2014, Dr. Ismail Selim, Partner, Zulficar and Partners delivered a lecture entitled "International Public Policy in Commercial Arbitration". Dr. Selim defined the notion of International Public Policy not only in Private International Law, but also and more specifically as a bar to enforcement of arbitral awards. It was noted that such notion designates the body of principles and rules recognized by a State, which, by their nature, may bar the recognition or enforcement of an arbitral award rendered in the context of international Commercial arbitration when recognition or enforcement of said award would entail their violation on account either of the procedure pursuant to which it was rendered (procedural international public policy) or of its contents (substantive international public policy)." The Lecturer clarified that such notion is adopted by the majority of states even though only few states explicitly adopt in their Arbitration Laws the term "International Public Policy". Indeed, other states adopt such notion in their jurisprudence whether explicitly or by differentiating between "Public Policy" under Article V-2-b of the New York Convention from one side and mandatory rules from the other side.

Examples were given from the jurisprudence of numerous common law and civil law countries including Egypt. The lecture also involved an important differentiation between the notions of "International Public Policy" and "Transnational Public Policy" and explained the notion of "Lois de Police". Dr. Selim concluded with an overview of two very recent decisions of the Egyptian Court of Cassation on Public Policy in Arbitration. The lecture was very well received from attendees representing many sectors.

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 Mediation Breakfast September Seminar:
8 January 2014
Financial Benefits of using Mediation, 30 September 2014

Ms. Fatma Ibrahim (World Bank Group) lectured a group of lawyers, engineers and accountants on the financial benefits of using mediation to resolve commercial disputes. The Lecturer explained the "toolbox" of dispute resolution, provided the audience with practical tools to determine the practicality of resorting to mediation or other forms of dispute resolution, as well as worked with the audience on a practical case that identified a number of financial elements that counsels should take into account when advising the parties of the most suitable form of dispute resolution.

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 Mediation Update:
8 January 2014
CRCICA Establishes Construction Mediation Working Group

Construction sector has been identified as one of the main sectors that are amenable to the use of mediation. Three awareness-raising seminars on the benefits of mediation in construction disputes have been conducted by different international consultants. The events were well-received, and repeated requests have been made to provide further technical assistance to promote the use of mediation in construction disputes.

Responding to the need, the International Finance Corporation (IFC) in collaboration with CRCICA launched a construction mediation project to promote the use of mediation in construction disputes through system design, workshops, capacity building and training. Within this context, CRCICA calls upon a group of experts in the construction industry to establish a Construction Mediation Working Group (CMWG) to drive forward the effective implementation of mediation in the Egyptian Construction Sector. Ms. Aisha Nadar, an international construction consultant, will provide technical assistance to help the Group and the supporting Institutions achieve the goals of the Project.

THE CMWG will start its work by tailoring the objectives of the Project to Egyptian Construction Industry, identifying construction mediation oppositions and diagnosing possible training needs. It is noteworthy that construction mediation trainings will take place in December 2014.

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 International and Regional Contributions
61st Session of the UNCITRAL Working Group II, Vienna, Austria,
15-19 September, 2014

At its forty-seventh session, in 2014, the United Nations Commission on International Trade Law (UNCITRAL) agreed that Working Group II (Arbitration and Conciliation) should consider at its sixty-first session the revision of the UNCITRAL Notes on Organizing Arbitral Proceedings (1996). The said Session was held in Vienna, Austria on 15-19 September, 2014. Ms. Rabab Yasseen attended in representation of the Centre. Ms. Yasseen is Partner, Mentha & Partners, Deputy Judge, Geneva Civil Court and Member of CRCICA's Advisory Committee.

The Session was chaired by one of the eminent members of CRCICA Board of Trustees, Mr. Michael Schneider, who is an international arbitrator and founding partner of LALIVE.

During the sessions, the Notes were thoroughly discussed and deliberated. The Secretariat was requested to prepare a draft of revised UNCITRAL notes on organizing arbitral proceedings, based on the deliberations and decisions of the Working Group and to identify specific issues for discussion at the next session of the Working Group. Delegations were invited to contribute proposals and comments to the Secretariat in view of the preparation of a revised draft version of the Notes. To view the draft report of the session, please click here.

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Conference on legal risks and countermeasures of international investment and trade from the perspective of China-Africa cooperation,
Beijing, China, 17-18 September 2014

CRCICA Director participated among other 15 African experts from 10 African nations in the Conference on legal risks and countermeasures of international investment and trade from the perspective of China-Africa cooperation that took place on 17-18 September 2014 in Beijing, China. The Conference was organised by the China Law Society in cooperation with other China-Africa institutions. In a session dedicated to tackling disputes settlement mechanisms of international investment and trade, CRCICA Director delivered a speech on "Institutional Arbitration as a Means of Setting Sino-African Economic Disputes: The Experience of Egypt". in which he overviewed the salient features of arbitration in Egypt with special emphasis on institutional arbitration under the auspices of CRCICA. Other topics included ADR in South Africa, Kenya and China.

The conference was attended by100 persons including businessmen, lawyers, professors and judges.

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Public-Private Dialogue on Public-Private Partnerships in Egypt's River Transport Sector, Cairo, Egypt, 18 September, 2014

On 18 September 2014, a conference titled "Public-Private Dialogue on Public-Private Partnerships in Egypt's River Transport Sector" was held in Cairo, at Le Meridien Heliopolis Hotel. The conference was the final day of a 3-day workshop related to public-private partnerships in the river transport sector. The event was organized by the River Transport Authority, the Investment Security in the Mediterranean (ISMED) Support Programme and the OECD. It aimed at exploring the means to develop river transportation in Egypt, the various challenges that it face and whether PPPs (public private partnerships) could be a proper mechanism to serve this purpose. The conference presented the legislative and political framework of PPPs in Egypt and discussed the draft report prepared by ISMED regarding River transportation in Egypt. A final report that includes the comments expressed by the attendees in this workshop will be presented at the ISMED Working Group Conference which will be held at the OECD Headquarters in Paris in December 2014. CRCICA was represented in the conference by Dr. Dalia Hussein, legal advisor at the Centre.

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China-Africa Conference on International Investment and Legal Risks,
Shanghai, China, 23 September, 2014

CRCICA Director participated among other 15 African experts from 10 African nations in the China-Africa Conference on international investment and legal risks that took place on 23 September 2014 in Shanghai, China. The Conference was organised by the China Law Society and the Shanghai Jiao Tong University in association with other academic and arbitration institutions. In a session dedicated to tackling China-Africa Trade and International Commercial Arbitration, CRCICA Director delivered a speech covering the option of referring Sino-African commercial and investment disputes to arbitration under the auspices of CRCICA, in which he overviewed the salient features of arbitration in Egypt as well as the relevant provisions of the CRCICA Arbitration Rules. Other topics included the salient features of arbitration in Seychelles as well as under the auspices of the Shanghai International Arbitration Centre (SHIAC).

The conference was attended by officials from local authorities in Shanghai in addition to professors, businessmen, lawyers and judges.

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Meeting of the Drafting Committee of the International Federation of Arbitration Centres in the Islamic World, Cairo, Egypt, 28 September 2014

Further to the establishment of the International Federation of Arbitration Centres in the Islamic World on the occasion of the first Forum for Arbitration in the Islamic World, which was held at Um Al Qura University in Mecca, Saudi Arabia from 9 to 10 March 2014, the drafting committee mandated by the 10 founding members of the Federation convened at CRCICA's headquarters in Cairo on 28 September 2014 to draft the bylaws of the Federation. The drafting committee is composed of three members, namely Mr. Ahmed Najem, Secretary-General of the GCC Arbitration Centre, Dr. Abdullh Al Areifi, member of the Saudi Arbitration Team and CRCICA Director. The committee expects to finalize the draft bylaws before the end of 2014.

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 Summer Internship

Dr. Amira Mahmoud-SAAB, a French Lawyer, attended two-week training at CRCICA. The training was in agreement with the Paris Bar Association which requires fresh members to conduct a training in France or in an international organization abroad. CRCICA was recognized as one of the international organizations opening internship opportunities for locals and foreigners as well.

During the internship, Dr. Mahmoud-SAAB conducted a comparative study between the 2011 CRCICA Arbitration Rules and the 2010 UNCITRAL Arbitration Rules. She also drafted the French version of CRCICA Arbitration Rules (currently under final revision), discussed legal issues pertaining, inter alia, to the scope of the arbitration agreement in two CRCICA cases and attended few hearings.

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 Save the Dates !
 
 16-17 November 2014:
SHARM El Sheikh V:
The Role of State Courts in International Commercial Arbitration

Sharm El Sheikh 2014 is the fifth in the only international series of conferences organized biennially since 2005 on the evolving relation between state courts and arbitration in a cross-cultural context.

CRCICA Partners in the Sharm El Sheikh Conferences are the United Nations Commission on International Trade Law (UNCITRAL), the International Federation of Commercial Arbitration Institutions (IFCAI), and the Arab Union for International Arbitration (AUIA).

The program of Sharm El Sheikh V will focus on the role of the judiciary during the four traditional phases of the arbitration process (the arbitration agreement, the arbitral tribunal, the arbitration proceedings and the arbitral award). Confirmed speakers so far come from Egypt, Lebanon, Syria, Tunisia, United Arab Emirates, Bahrain, Italy, France, UK, Sweden, Brazil, Venezuela, U.S.A. and Cameron.

To view the Conference Program, Speakers and other details, please click here

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 Comparative Commercial Arbitration: Theory and Practice (CCATP) 2014 Round Continued: 22-25 December 2014: CCATP's Fourth Module: THE ARBITRAL AWARD

In cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb), The remaining 2014 module of the Comparative Commercial Arbitration: Theory and Practice (CCATP) is scheduled as from 22 to 25 December 2014: CCATP's Fourth Module: THE ARBITRAL AWARD.

In this module, "the Arbitral Award" will be handled in depth as based on most recent court judgments in different jurisdictions.

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 On the occasion of the Twentieth Anniversary of the Egyptian Arbitration Law:
The Egyptian Arbitration Law: Twenty Years of Application,
28 December 2014, Cairo – Egypt

CRCICA is pleased to announce holding a celebratory event on the occasion of the twentieth anniversary of the Egyptian Arbitration Law no 27 / 1994 scheduled for 28 December 2014. The agenda will, inter alia, tackle the practical issues arising out of applying the Law, the various judicial applications thereon as well as possible revisions of some of its provisions in the light of users' needs and expectations. Users and practitioners representing all business sectors, state judges and representatives of legislative authorities are invited to participate at this important event.

To explore available sponsorship opportunities, please contact Conferences and External Relations Department through conferences@crcica.org

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Cairo Regional Centre for International Commercial Arbitration
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