CRCICA NewsLetters
 
In this editionCRCICA RECENT CaseloadEvents UpdateContributionsFuture Events
3- 2016  
In This Edition
CRCICA Recent Caseload:
3rd Quarter 2016:
Confirmation of the Top Position of Services Cases
Four New Members Appointed at CRCICA Board of Trustees
 
Events Update
CRCICA hosts one of the lectures of the FIFA/CIES Diploma in Sport Management
25 July 2016
CRCICA/ABA ROLI CLE Program,
Advisory Board Meeting,
28 July 2016
ABA ROLI Training of Trainers Course
2-3 September 2016
ABA CLE Reception and Closeout Program
19 September 2016
Arbitration under the ICSID Convention:
Navigating An ICSID Arbitration from Start to Finish
27 September 2016
Key Issues in International Investment Arbitration ICSID/CRCICA
28 September 2016
 
International and Regional Contributions
CRCICA Speaks at the UNCTAD’s High-Level International Investment Agreements Conference
19 July 2016, Nairobi, Kenya
 
Publications
The Journal of Arab Arbitration – Volume 26
Contributions to International Publications
 
Future Events
 
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 CRCICA Recent Caseload:
3rd Quarter 2016: Confirmation of the Top Position of Services Cases

The total number of arbitration cases filed before CRCICA until 30 September 2016 reached 1139 cases. In the third quarter of 2016, 30 new arbitration cases were filed compared to 11 cases filed in the same quarter in 2015. CRCICA's caseload in the third quarter of 2016 involved disputes relating to Services, Media and Entertainment, Construction, International Sale of Goods, Supply, Lease Agreements, Charter Party, Settlement Agreements, Real Estate, Sale and Purchase of Shares and Intellectual Property Rights.

The remarkable start for disputes arising out of services agreements, which was announced in the first quarter of 2016, is confirmed with the filing in the third quarter of 2016 of eleven cases arising out of services agreements, six of which related to petroleum services with respect to a concession in the western desert of Egypt, including three international cases. Another international services case filed during the third quarter of 2016 related to a Business development brokerage agreement whereby the foreign investors are assisted in signing a road concession agreement with local authorities. Two other services cases concerned consultancy agreements, the first of which related to legal consultancy services, while the other related to the provision of project management consultancy services for the construction of a sugar factory in Sharqia Governorate, Egypt. The two other remaining services cases related to the provision of mud engineering services and surface testing services.

The third quarter of 2016 also witnessed the filing of three construction cases, two of which were international cases, the first one related to the construction of an educational hospital in El Muthanna, Iraq, while the other one related to the modification of the penthouses floor of a mall located in Cairo, Egypt. The third construction case related to the supply and implementation of the external interfaces for a building located in Six of October city, Giza, Egypt.

(read more)

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Four New Members Appointed at CRCICA Board of Trustees
 Four New Members Appointed at CRCICA Board of Trustees

On the occasion of renewing the term of the members of CRCICA Board of Trustees (BOT), which expired on 30 April 2016, four new members were appointed at the BOT for a four-year term starting May 1st, 2016 until April 30th, 2020.

The four new members are:

  • Professor Alain PELLET (France), Emeritus Professor, University Paris Ouest Nanterre-La Défense and Former Member and Former Chairperson, International Law Commission of the United Nations.
  • Professor Hani Sarie ELDIN (Egypt), Professor of Commercial and Maritime Law at Cairo University and former Chairman of the Egyptian Capital Market Authority.
  • Judge Xue Hanqin (China), Member of the International Court of Justice (ICJ) since 29 June 2010; re-elected as from 6 February 2012.
  • Dr. Ziad Bahaa-ELDIN (Egypt), Economist and Attorney at law, former Deputy Prime Minister of Egypt and former Chairman of the Egyptian General Authority for Investment and Free Zones (2004-2007).

CRCICA is proud to have such eminent experts as members of its Board and trusts that they will enhance CRCICA's role in the development of institutional arbitration in the region and beyond.

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 Events Update
CRCICA hosts one of the lectures of the FIFA/CIES Diploma in Sport Management
25 July 2016
 CRCICA hosts one of the lectures of the FIFA/CIES Diploma in Sport Management
25 July 2016

On 25 July 2016, CRCICA hosted 20 participants in the FIFA/CIES (International Centre for Sports Studies) Diploma in Sport Management conducted under the auspices of the Cairo University.

The lecture was delivered by Mr. Nasr Azzam, lecturer on Sports Law and Mr. Ahmed Mahfouz, Legal Counsel of the Egyptian Handball Federation who explained the procedures of settling sports-related disputes by arbitration before the Court of Arbitration for Sport (CAS), the role of mediation in settling such disputes as well as the salient features of the draft new Egyptian law on sports.

CRCICA Director welcomed the participants who visited CRCICA’s Hearing and Conference Centers and made a presentation about CRCICA, its role in settling sports-related disputes as well as the salient features of the agreement concluded in July 2012 between the International Court of Arbitration for Sport (ICAS) and CRCICA entitling the latter to host the first Alternative Hearing Centre (AHC) for the Court of Arbitration for Sport (CAS) in Africa.

 

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CRCICA/ABA ROLI CLE Program, Advisory Board Meeting 
28 July 2016
 CRCICA/ABA ROLI CLE Program, Advisory Board Meeting
28 July 2016

The first meeting of the Advisory Board of CRCICA/ABA ROLI Continuing Legal Education Program was held on 28 July 2016. The Board is chaired by Prof. Dr. Mohamed S. Abdel Wahab Chairperson of the Advisory Board, CRCICA/ABA ROLI CLE Program, Founding Partner, Zulficar & Partners Law Firm and enjoys the membership of elite representatives of the Egyptian Legal Community.

The American Bar Association Rule of Law Initiative (ABA ROLI), with funding from USAID, worked to bridge the gap between legal education and the skills legal practice demands by providing Egyptian lawyers continuing legal education opportunities since 2009.

After 6 years of success, the USAID-funded phase of the program came to an end. To ensure the sustainability of this unmatched legal service, CRCICA was chosen to administer the new phase in close collaboration with ABA ROLI. Both institutions will be supported by the advice and expertise of the members of the Advisory Board.

The Board is scheduled to meet on quarterly basis with the continuous support of Dawn Schock, Senior CLE Advisor, American Bar Association Rule of Law Initiative (ABA ROLI).

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Arbitration under the ICSID Convention: 
Navigating An ICSID Arbitration from Start to Finish 
27 September 2016
 ABA ROLI Training of Trainers Course
2-3 September 2016

CRCICA hosted and organized the ABA ROLI Training of Trainers Course on 2-3 September 2016.

Delivered by Professor Marcia Levy, Executive Director, Pro Bono Partnership, New York, USA, the Course demonstrated interactive teaching techniques to improve practical advocacy skills for Egyptian Lawyers, as part of the ABA ROLI Continuing Legal Education Program in the MENA Region.

TOT participants will teach basic skills courses for fresh graduates of the Egyptian Schools of Law. More importantly, they will symbolize the core assets of the CRCICA/ABA ROLI CLE Program in Egypt and in other countries of the region as ABA ROLI and CRCICA share ambitious plans to expand Egypt-based courses to neighboring countries in the future.

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Arbitration under the ICSID Convention: 
Navigating An ICSID Arbitration from Start to Finish 
27 September 2016
 ABA CLE Reception and Closeout Program
19 September 2016

CRCICA hosted the ABA Continuing Legal Education Reception and Closeout Program on 19 September 2016.

The audience comprised of lawyers, members of law school faculty, government officials as well as representatives from USAID and stakeholders interested in taking the program forward. Speakers were Ray Micklewright, Country Director, Egypt, ABA ROLI; Carl Anderson, USAID; Sherry Carlin, Mission Director, USAID Egypt; Dr. Mohamed Abdel Wahab, Chairperson, CLE Advisory Board and Robert Grey, ABA.

Speeches highlighted the overall success of the program for having provided continuing legal education over six years for more than 1600 young Egyptian lawyers.

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Arbitration under the ICSID Convention: 
Navigating An ICSID Arbitration from Start to Finish 
27 September 2016
 Arbitration under the ICSID Convention:
Navigating An ICSID Arbitration from Start to Finish
27 September 2016

On 27-28 September 2016, CRCICA hosted the first  ever course and conference of the International Centre for Settlement of Investment Disputes (ICSID) to be held in the region in celebration of its 50th anniversary.  The introductory course on Arbitration under the ICSID Convention: Navigating An ICSID Arbitration from Start to Finish was meant to train regional practitioners, and whoever is interested, to effectively and properly participate at ICSID dispute settlement procedures through each stage of an arbitration, and discuss recent developments in international investment arbitration, current trends in the ICSID caseload, dispute prevention and other practical considerations.

  The course was attended by governmental counsels, in-house advisors, private lawyers, arbitrators and law students. It was taught  by Meg Kinnear, the ICSID Secretary General, and ICSID Legal Counsels.

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 Key Issues in International Investment Arbitration ICSID/CRCICA
28 September 2016

The Conference  “Key Issues in International Investment Arbitration highlighted the most important and most controversial investment arbitration-related issues and clarified some confusing concepts in the multi-sided relation between host states and foreign investors as precisely reflected in ICSID Caseload. The program included topics on the definition of the investor and the elimination of related ambiguity likely to invoke the denial of benefits condition. Also, expropriation, its definitions and damages, was explored intensively.  "How Transparent Could Investment Arbitration Be?” was one of the Conference’s core questions. In exploring answers, the role of states and Amicus Curiae in enhancing transparency of investment dispute resolution was thoroughly discussed.

The focus of the final session was “The Review of Investment Arbitration Awards: A Retro/Pro-spective Analysis”, in the course of which the appeal of arbitral awards proposal was discussed in a thoroughly analytic context. The keynote speech delivered by H.E. Awn Al Khasawnah,eliminated conceptual unfamiliarity related to the overlap of Public International Law and international investment law which sometimes causes confusion in the course of investment dispute resolution.

This exceptionally rich agenda was tackled by 20 expert and speakers from Arab and European Countries as well as the United States of America.

The outreach of the Cairo ICSID events scored 23 countries in attendance being Algeria, Belgium, Cyprus, Egypt, France, German, Iraq, Jordan, Kenya, Lebanon, Libya, Morocco, Nigeria, Russia, South Africa, Sudan, Switzerland, Tunisia, Turkey, UAE, UK, USA and Yemen.

(Photo Gallry)

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 International and Regional Contributions
ICCA Annual Governing Board Meeting
Mauritius, 8 May 2016
 CRCICA Speaks at the UNCTAD’s High-Level International Investment Agreements Conference
19 July 2016, Nairobi, Kenya

CRCICA Director was invited by the UNCTAD to speak at the High-Level International Investment Agreements (IIA) Conference held on 19 July 2016 in Nairobi, Kenya in conjunction with the fourteenth UNCTAD ministerial meeting (UNCTAD 14), which attracted the participation of 194 UN member states at the highest level.

The 2016 IIA Conference brought together more than 40 stakeholders in the international investment and development community from around the globe, including arbitral institutions like CRCICA and ICSID. It advanced the debate on the future direction of the IIA regime. Speakers and participants discussed key IIA reform issues, bringing in national, regional and interregional perspectives and drawing lessons from the first steps towards IIA reform that are underway in many parts of the world.

According to the UNCTAD, the participants helped the investment and development community chart the way forward for the second phase of IIA reform. Each of the statements made during the Conference is crucial in this regard.

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 Publications
Journal of Arab Arbitration: 2nd Volume
 The Journal of Arab Arbitration – Volume 26

CRCICA is issuing the 26th 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 and is used to include updated articles, judicial awards and arbitral precedents.

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 Contributions to International Publications

CRCICA is among the contributors to the Book titled: The Transformation of Arbitration in Africa: The Role of Arbitral Institutions, published on 23 August 2016 by Kluwer Law International and edited by Dr Emilia Onyema, Senior Lecturer in International Commercial Law, School of Law, SOAS, University of London.

The special chapter on CRCICA, published under Part II of the Book dedicated to Regional Arbitral Institutions in Africa, was drafted by both Mohamed Abdel Raouf, CRCICA Director and Dalia Hussein, Legal Advisor covering inter alia the history of the Centre, its establishment, its main organs and the most important provisions in its Arbitration Rules. It highlights the Centre’s efforts to enhance neutrality and transparency of the arbitration process through publication of Practice Notes, Practices on Challenge of Arbitrators, and the main legal principles contained in arbitral awards rendered under its auspices, as well as the affordability and predictability of the arbitration costs. The Chapter also discusses the Centre’s vision towards developing diversity in the arbitral appointments and means to train and deepen the exposure of African arbitrators and counsel in order to introduce them to the larger world of international arbitration. It concludes with a note on the importance of cooperation between arbitral institutions.

 

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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:


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

   
3 - 5
April
2017
 The Role of African governments in promoting arbitration in Africa" in cooperation with SOAS university of London

Our four year research project on, ‘Creating a Sustainable Culture of Arbitration as a mechanism for Commercial Dispute Resolution in Africa’, examines the role of four key stakeholders (arbitral institutions, courts/judges, states/governments and arbitrators/legal practitioners) in arbitration in Africa with the aim of enhancing the use of arbitration as the dispute resolution of choice within the African continent.

In 2015 at the African Union Commission Addis Ababa, we examined the role of arbitral institutions in the development of arbitration in Africa. In 2016 we were hosted by the Lagos Court of Arbitration Centre and examined the role courts and judges play in the development of arbitration in Africa.

Our Cairo conference on 3-5 April 2017 will focus on the role of African states/governments (executive and legislative branches) in creating a viable legal and regulatory environment for arbitration (and its support industries).

If you are interested in presenting a paper at our Cairo conference, pls email a 500 word (maximum) abstract in a MS word document to Dr Emilia Onyema (eo3@soas.ac.uk)

Closing date: 15 December 2016

Conference website:

http://www.researcharbitrationafrica.com/ Addis Ababa Conference papers:

http://eprints.soas.ac.uk/20421/1/Addis%20Arbitration%20Conference%202015.pdf

Lagos conference papers:

http://eprints.soas.ac.uk/22727/

New Publication from our Addis Ababa conference: Emilia Onyema (ed.) The Transformation of Arbitration in Africa: the Role of Arbitral Institutions, Kluwer Law International, 2016

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CRCICA
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

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