CRCICA News Letters
In this edition
 
CRCICA Recent Caseload:
Services contracts surpass construction contracts for the first time since years
 
CRCICA Advisory Committee fourth quarterly Meeting in 2013
 
Annual CRCICA BOT Meeting
 
The Official Inauguration of the New CRCICA Hearing Centre
 
 
Events Update
 
The Arbitral Award: Fourth Module in CRCICA CCATP Program, 2-5 December 2013
 
CRCICA hosts CIArb Cairo Wednesday One Seminars:
 
2 October 2013:
Comments on the different judicial trends with respect to the relationship between the judiciary and arbitration
 
6 November 2013:
The United Nations and International Law
 
4 December 2013:
Resolution of Construction Disputes
 
International Contributions
 
New Generation of International Investment Policies,
Sarajevo, Bosnia,
1-4 October 2013
 
4th ISPRAMED Network Meeting,
Istanbul, Turkey, 7 October 2013
 
Costs of International Arbitration: Challenges and Solutions,
Istanbul, Turkey,
8 October 2013
 
(BCDR/AAA) Workshops on "Overview of International Arbitration: Principles and Practices" and "Hot Topics in International Arbitration of Oil and Gas Disputes",
Manama, Bahrain
17 November 2013
 
Publications
 
Volume 20 of the Journal of Arab Arbitration
 
Save the Dates !
 
Comparative Commercial Arbitration: Theory and Practice (CCATP) 2014 Round
 
15-17 March 2014:
First Module:
The ARBITRATION AGREEMENT
 
8-10 June 2014:
Second Module:
The ARBITRAL TRIBUNAL
 
7-9 September 2014:
Third Module:
The ARBITRAL PROCEEDINGS
 
7-10 December 2014:
Fourth Module:
The ARBITRAL AWARD
 
Membership of CRCICA
 
HAPPY NEW YEAR 2014 From CRCICA Team

4 / 2013 

CRCICA Recent Caseload: Services contracts surpass construction contracts for the first time since years

The total number of arbitration cases filed before CRCICA until 31 December 2013 reached 942 cases. In 2013, 72 new arbitration cases were filed compared to the record 78 cases scored in 2012. 15 out of the 72 new cases were filed in the first quarter of 2013, while 16 cases were filed in the second quarter of 2013. The third quarter of 2013 witnessed the filing of 18 new arbitration cases, while 23 new cases were filed in the last quarter of 2013.

The total sums in disputes filed under the auspices of the Centre until 31 December 2013 amounted to US $ 1,547,758,635. The largest amount in dispute being US $ I billion (EGP 7 billion), representing as such a new record amount in dispute in cases brought before the Centre during the last three years. It is worth noting that in 2012 the total sums in disputes reached US$ 1,341,568,978.25. Compared to 2012, 2013 witnessed, therefore, an increase in the sums in dispute amounting to US$ 206,189,656.75, scoring as such 1.15 % annual increase.

The 23 new cases filed in the third quarter of 2013 involved disputes relating to services, media and entertainment, construction, hotel management, lease agreements, loan agreements, real estate, sale and purchase of shares and telecommunications.

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CRCICA Advisory Committee fourth quarterly Meeting in 2013

On 25 December 2013, CRCICA Advisory Committee (AC) held its fourth quarterly meeting in 2013. The meeting was attended by the following members: Prof. Dr. Ahmed Sadek El Kosheri (Chairman - Egypt), Coun. Dr. Borhan Amrallah (Egypt), Prof. Dr. Fathi Waly (Egypt), Prof. Dr. Hamza Haddad (Jordan), Judge Dr. Adel Koura (Egypt), Prof. Dr. Mahmoud Samir El Sharkawy (Egypt) and Dr. Mohamed Salah Abdel Wahab (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 policies with respect to the notification to the parties and the arbitral tribunal of the submissions deposited by the parties, in light of CRCICA Arbitration Rules, as well as whether there should be partial payment of fees to the arbitrator who resigns for reasons not pertaining to his/her challenge.

It is notable that the AC already held three quarterly meetings in 2013. During the four AC quarterly meetings of 2013, the AC adopted 7 policies regarding the Centre's practice under the Rules. The tripartite ad hoc committees composed from among the members of the AC decided over 4 challenges filed against arbitrators, upholding only one challenge, while three applications to remove arbitrators were rejected. The AC encouraged the Centre to publish its practice regarding the decisions on challenges and removal of arbitrators issued by the different tripartite ad hoc committees.

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Annual CRCICA BOT Meeting

On 26 December 2013, CRCICA held its annual Board of Trustees (BOT) meeting in Cairo by the attendance of 11 members; 9 in person and 2 by proxies. Attending members were: Dr. Nabil Elaraby (Chairman-Egypt), Judge Mohamed Amin El Mahdy (Vice-Chairman - Egypt), Prof. Dr. Hamza Haddad (Vice- Chairman- Jordan), Prof. Dr. Fouad Riad (Egypt), Prof. Dr. Yehia El Gamal (Egypt), Prof. Dr. Ahmed Sadek El Kosheri (Egypt), Dr. Nayla Comair Obeid (Lebanon), Prof. Dr. Ahmed Kamal Abul Magd (Egypt), Judge Dr. Adel Koura (Egypt), Prince Dr. Bandar Salman M. Al-Saud (By proxy-Saudi Arabia) and Mr. Michael Schneider (By proxy-Switzerland).

During the meeting, CRCICA Director presented the Centre's activities and caseload in 2012-2013 as well as the Centre's financial statement of operations for the year ended 31 December 2012 as audited by the auditor. The salient features of the already achieved new CRCICA hearing centre as well as future plans for CRCICA conference centre and library were also presented. The BOT discussed matters pertaining to the Centre's branch in Alexandria as well as the possibility of establishing a new branch for the Centre in 6th of October City.

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The Official Inauguration of the New CRCICA Hearing Centre

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) celebrated the official inauguration of its new hearing centre on the evening of 26 December 2013. Ribbon-cutting was led jointly by Dr. Nabil Elaraby, the Secretary-General of the League Arab States, in his capacity as the Chairman of CRCICA Board of Trustees (BOT) and Coun. Adel Abdel Hamid in his capacity as the Minister of Justice of the Host State.

The event started by a stand in mourning of Dr. Ahmed Esmat Abdel Meguid, the former Secretary-General of the League of Arab States and the Honorary Chairman of CRCICA BOT who exerted valuable contributions during the establishment of CRCICA. Speeches were delivered by Dr. Nabil Elaraby, Dr. Hamza Haddad, Former Jordanian Minister of Justice and Vice Chairman of CRCICA BOT and Dr. Mohamed Abdel Raouf, CRCICA Director. Speakers highlighted the significant role of the Centre in the region since its inception in 1979. Dr. Abdel Raouf presented the chronology of CRCICA developmental phases over years.

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Events Update
The Arbitral Award: Fourth Module in CRCICA CCATP Program, 2-5 December 2013

The fourth module of CRCICA training program on: "Comparative Commercial Arbitration: Theory and Practice" (CCATP) was held at Dr. Aboul-Enein's new hearing room from 2 to 5 December 2013. In this module, the "Arbitral Award" was handled in depth as based on most recent court judgments in different jurisdictions. Reference documents included a huge collection of court decisions which were regularly updated, analytic articles, expert commentaries and a model arbitral award. In groups, participants drafted an arbitral award based on the facts of a mock case. With varying professional backgrounds, participants came mainly from Egypt and Saudi Arabia.

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CRCICA hosts CIArb Cairo Wednesday One Seminars:
2 October 2013: Comments on the different judicial trends with respect to the relationship between the judiciary and arbitration

On 2 October 2013, Dr. Aly ELGHATIT, Professor of International Comparative Law and Vice-President of the Egyptian Society for International Law, delivered a lecture entitled "Comments on the different judicial trends with respect to the relationship between the judiciary and arbitration." The topic covered the most recent judicial trends regarding the validity of the arbitration agreement, the enforcement and the setting-aside of arbitral awards. The lecture led to a very interesting discussion.

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6 November 2013: The United Nations and International Law

On 6 November 2013, Ambassador Dr. Hussein Hassouna, Former Assistant to the Minister of Foreign Affairs for legal affairs and the current member of United Nations' International Law Commission, delivered a lecture on "The United Nations and International Law". The lecture was followed by a lively debate.

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4 December 2013: Resolution of Construction Disputes

On 4 December 2013, Eng. Dr. Sherif El Haggan delivered a lecture on "Resolution of Construction Disputes" in which he tackled the different means of dispute resolution of construction disputes including by adjudication, mediation and arbitration. The lecture attracted a big number of attendees from different backgrounds.

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International Contributions
New Generation of International Investment Policies,
Sarajevo, Bosnia, 1-4 October 2013

CRCICA Director was one of the experts participating in the Training Course for Economies in Transition on: "New Generation of International Investment Policies" held from 1 to 4 October 2013 in Sarajevo, Bosnia and Herzegovina. The Training Course was organized by the UNCTAD in partnership with the Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina, the Islamic Development Bank and the University of Kiel, Germany. In line with UNCTAD's Investment Policy Framework for Sustainable Development (IPFSD), the Course helped policy makers and negotiators to deepen their understanding of key issue in International Investment Agreements (IIAs) and Investor-State Dispute Settlement (ISDS) and offered concrete options for the design of IIAs that effectively promote sustainable development and inclusive growth.

The Training Course brought together 31 government officials from 18 countries in charge of investment promotion and protection issues.

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4th ISPRAMED Network Meeting,
Istanbul, Turkey, 7 October 2013

On 7 October 2013, the 4th ISPRAMED (Institute for the Promotion of Arbitration and Mediation in the Mediterranean) Network Meeting was held in Istanbul at the headquarters of the Istanbul Chamber of Commerce. The meeting was attended by representatives of the following arbitral institutions: Milan Chamber of Arbitration (Italy), Centre de Conciliation, Mediation et d'Arbitrage of the Algerian Chamber of Commerce and Industry (Algeria), Arbitration Department, Istanbul Chamber of Commerce (Turkey), Lebanese Arbitration Centre (Lebanon) and CRCICA (Egypt), in addition to Professor Charles Jarrosson, ISPRAMED's Network Coordinator (France) and representatives of ISPRAMED (Italy).

The meeting tackled inter alia the positions expressed by ISPRAMED members on the theme of independence of arbitrators and discussed the Report prepared by ISPRAMED on arbitrators' independence and impartiality and on the Arbitration Rules Comparison Chart. The member Centres agreed to contribute to another comparative activity, by explaining the rules they apply and the principles they follow when dealing with the selection of the members of the arbitral tribunal. The ISPRAMED members also confirmed their willingness to foster the activities of the Network and to implement its goals. The 5th ISPRAMED Network Meeting will be held either in Beirut or Alger in 2014.

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Costs of International Arbitration: Challenges and Solutions,
Istanbul,Turkey, 8 October 2013

On 8 October 2013, the international conference on "Costs of International Arbitration: Challenges and Solutions", was held in Istanbul, Turkey. The Conference was organized by the Istanbul Chamber of Commerce and ISPRAMED in collaboration with the UNCITRAL and tackled the following issues pertaining to the costs of arbitration:

  1. Where and how arbitration costs are incurred? How to mitigate costs?
  2. Arbitration costs in the light of recent developments in arbitration law.
  3. Arbitration costs under the Turkish arbitration law.
  4. Regulating costs: the new review mechanism in the UNCITRAL Rules.
  5. The role of institutions: How can arbitral institutions contribute to cost control?

CRCICA Director participated in the roundtable session dedicated to comparing the role of arbitral institutions in controlling costs. The salient features of CRCICA Arbitration Rules pertaining to the costs of arbitration as well as their implementation by CRCICA in practice were highlighted and shared with the audience within a very interesting comparative approach including the Rules of the Milan Chamber of Arbitration, the Algerian Centre of Conciliation, Mediation and Arbitration, the Lebanese Arbitration Centre and the Arbitration Department of Istanbul Chamber of Commerce, in addition to CRCICA.

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(BCDR/AAA) Workshops on "Overview of International Arbitration: Principles and Practices" and "Hot Topics in International Arbitration of Oil and Gas Disputes", Manama, Bahrain, 17 November 2013

CRCICA Director participated as tutor together with Dr. Mohamed S. Abdel Wahab in two pre-conference workshops on 17 November 2013 on "overview of international arbitration: principles and practices" and "Hot topics in international arbitration of oil and gas disputes", preceding the International Oil and Gas Dispute Resolution Conference held by the Bahrain Chamber for Dispute Resolution (BCDR/AAA) in Manama, Bahrain from 17 to 19 November 2013. The workshops were attended by more than twenty participants from all over the Gulf, the UK, Cyprus and the USA.

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Publications

Volume 20 of the Journal of Arab Arbitration

CRCICA has recently published volume 20 of the Journal of Arab Arbitration, which is a semi-annual publication of the Arab Union of International Arbitration (AUIA). Volume 20 include a number of articles, judicial awards and arbitral precedents.

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Save the Dates !

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

In cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb), the 2014 Round of Comparative Commercial Arbitration: Theory and Practice (CCATP) in four-phased progressive educational ladder will be held separately starting March and ending December 2014 as follows:

15-17 March 2014:
First Module: The ARBITRATION AGREEMENT

The course is a balanced combination of lectures and tutorials. It provides candidates with sufficient knowledge of the theory and practice in all the requirements for the writing and understanding of the arbitration agreement.

8-10 June 2014:
Second Module: The ARBITRAL TRIBUNAL

In this module, the Arbitral Tribunal will be studied in depth as based on a big number of the most recent international decisions and institutional regulations. Participants will have the chance to role play through a mock case designed to raise all top issues related to the composition and functioning of the arbitral tribunal.

7-9 September 2014:
Third Module: The ARBITRAL PROCEEDINGS

The Arbitral Proceedings Module tackles, inter alia, the rules applicable to the procedures, evidences and the examination of witnesses, interim measures...etc.

7-10 December 2014:
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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Membership of CRCICA

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 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

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HAPPY NEW YEAR 2014 From CRCICA Team

The CRCICA team wishes you all an excellent and prosperous 2014

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