In this edition
 
CRCICA's recent caseload
 
The Appointment of New Members to CRCICA's Board of Trustees
 
The Appointment of New Non-Egyptian Members to CRCICA's Advisory Committee
 
First in Africa:
CAS and CRCICA into Agreement to launch a CAS Alternative Hearing Centre in Cairo
 
CRCICA Mediation on the Rise
 
Recent Court Decisions
 
 
The Cairo Court of Appeal confirms CRCICA's judicial immunity based on its status as an international organization
 
Events Update
 
The Third official Meeting of the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED)
28 April 2012 , Cairo - Egypt
 
Independence and Impartiality of Arbitrators: Mediterranean Perspective,
29 April 2012 , Cairo - Egypt
 
Arbitration Agreement Training Course: First Module in CRCICA's Annual Arbitration Training Program
19 - 21 May 2012, Cairo - Egypt
 
ABA/CRCICA Continuing Legal Education (CLE) for Young Lawyers in Egypt: Skills, Practice and Professionalism
 
Recently Published
 
Arbitral Awards (Volume IV)
 
Getting the Deal Through Arbitration 2012
 
International Contributions
 
CRCICA Director joins the ICCA's Governing Board as of June 2012
 
CRCICA attends IFCAI's Council and General Assembly Meetings in Singapore
 

VIAC/UNCITRAL Conference,
Vienna- Austria, March 2012

 
The UNCITRAL Guide on the New York Convention
 
Regional Contributions
 
Arab Union of International Arbitration Elections,
Amman - Jordan 26 May, 2012
 
Judicial Mediation: Best Practices for the MENA Region,
Skhirat, Morocco, 30-31 May, 2012
 
Qatar Law Forum,
Doha, Qatar, 4-7 May 2012
 
Review of the Iraqi Draft Law on Arbitration,
3-4 April 2012 - Dubai, United Arab Emirates
 
"Impact of recent Egyptian Judicial Decisions on Reversing Privatizations and Foreign Investment",
7 February 2012, Cairo - Egypt.
 
New Services:
Plan for the utilization of Information Technology
 
Save the Dates !
 
9 - 11 September 2012
The ARBITRAL TRIBUNAL: Second Module in CRCICA's Annual Arbitration Training Program, Cairo - Egypt
 
10 - 11 October 2012,
Euro-Arab Investor-Sate Dispute Resolution: Recent Developments and Future Perspectives,
Cairo - Egypt
 
28 - 29 November 2012,
SHARM EL SHEIKH IV:
The Role of State Courts in Arbitration, Sharm El Sheikh, Egypt
 
11 December 2012,
Sport Arbitration Conference,
Cairo - Egypt
 
Membership of ICCA . . . NOW OPEN

CRCICA's recent caseload
The total number of arbitration cases filed before CRCICA until 15 July 2012 reached 840 cases. In the first half of 2012, 48 new arbitration cases were filed, scoring as such 60% annual increase compared to the first half of 2011 (30 cases).
In the first half of 2012, CRCICA's caseload involved disputes relating mainly to media and entertainment, construction, sports-related, industrial, commercial and urban development, information technology, petroleum services, real estate, services, gas supply, lease agreements, sale and purchase of shares, agency agreements, escrow agencies, hotel management and subcontracting agreements. It is worth noting that 2012 witnessed the filing of an inter-Arab investment arbitration based on a Bilateral Investment Treaty (BIT) concluded between two north African Arab states, referring investment disputes between the investors of the contracting states and the host state to arbitration under CRCICA's auspices. Sports-related disputes and those arising out of information technology and real estate are witnessing a remarkable increase. Also, three cases relating to the industrial, commercial and urban development in three Egyptian governorates (Luxor, Damanhur and Suez) are of particular importance. A maritime case arising out of a charter-party was also brought before the Centre. Another dispute relating to a franchise agreement was also filed.
read more

The Appointment of New Members to CRCICA's Board of Trustees
As of May 1st, 2012, CRCICA has new members appointed to its Board of Trustees ("BOT").
The new BOT shall confirm CRCICA's position as a leading regional arbitral institution and a major administrator of international arbitration cases.
CRCICA's BOT consists of ten (10) members at least and thirty (30) members at the most to be appointed from amongst eminent African and Asian personalities specialized in the fields of international arbitration, law, business, trade, investment and international relations. The BOT includes up to 20% of its members from outside the Afro - Asian Region from amongst figures specialized in the aforementioned fields.
read more

The Appointment of New Non-Egyptian Members to CRCICA's Advisory Committee
As of May 1st, 2012, CRCICA has new non-Egyptian members appointed to its Advisory Committee ("AC").
CRCICA's AC consists of a Chairman, two (2) Vice Chairmen, and twelve (12) members at the most appointed by the Director of the Centre from amongst the members of the BOT as well as eminent African, Asian and other personalities specialized in the field of international arbitration.
The term of the current AC is four years, which may be renewed once for a similar term, unless otherwise determined due to special circumstances.
read more

First in Africa:
CAS and CRCICA into Agreement to launch a CAS Alternative Hearing Centre in Cairo
On 4 July 2012 in Lausanne, CRCICA entered into agreement with the International Court of Arbitration for Sport (ICAS) nominating it as a host of an Alternative Hearing Centre (AHC) for the Court of Arbitration for Sport (CAS) based in Switzerland. This is part of a delocalization scheme of the International Council of Arbitration for Sport (ICAS) to create "CAS alternative hearing centres" on different continents which would be used to host CAS hearings and meetings related to arbitration or mediation procedures involving parties based in certain regions in the world. "The presence of CAS in the region will simplify the procedures as the parties will no longer need to travel to the CAS headquarters in Switzerland to defend their case," said Mr. Mathew Reeb, CAS Secretary General, commenting on the establishment of regional CAS AHCs. read more

CRCICA Mediation on the Rise
Within the context of CRCICA/IFC cooperation agreement effective since 2009, the Centre for Effective Dispute Resolution (CEDR), one of the world's most renowned mediation training institutions, has been developing for the Centre an institutional capability building program. The most distinguishing feature of the program in 2011 was the creation of a CRCICA pool of trainers qualified to provide first-class mediation training in Egypt and the region up to CEDR's tutorial methodologies in a changing context.read more

Recent Court Decisions

The Egyptian Supreme Constitutional Court Confirms the Exclusive Jurisdiction of the Cairo Court of Appeal over challenges filed against arbitral awards rendered with respect to administrative contracts under the auspices of CRCICA
In a remarkable decision dated 15 January 2012, the Egyptian Supreme Constitutional Court (the "Court") ruled in a matter of positive conflict of jurisdiction that, pursuant to Articles 9/1 and 54/2 of the Egyptian Arbitration Law No. 27 of the year 1994 (the "Law"), the Cairo Court of Appeal has exclusive jurisdiction over challenges filed against arbitral awards rendered on the basis of an arbitration clause enshrined in an administrative contract, as long as the proceedings pertained to an international commercial arbitration, as defined under Articles 2 and 3 of the Law. read more

The Cairo Court of Appeal confirms CRCICA's judicial immunity based on its status as an international organization
In a very recent decision dated 6 June 2012, the Cairo Court of Appeal (Section 7) ruled that it has no jurisdiction over the Cairo Regional Centre for International Commercial Arbitration (CRCICA), owing to the fact that CRCICA is an international organization established by virtue of a headquarters agreement concluded between the Asian-African Legal Consultative Organization (AALCO) and the Egyptian Government. According to the Court, such status grants CRCICA certain privileges and immunities, especially the immunity from jurisdiction of national courts, thus protecting CRCICA from lawsuits brought against it whilst administering arbitral proceedings and exercising its functions as an arbitral institution. For the Court, CRCICA should not be subject to any judicial entity in Egypt, the country hosting its headquarters, and cannot, therefore, be sued before any courts of law in Egypt, including the court having jurisdiction to decide on setting-aside motions filed against arbitral awards rendered under the auspices of the CRCICA.
(Cairo Court of Appeal, Section 7 Commercial, Challenge No. 32 of the judicial year 128, Session of 6 June 2012)

Events Update
Pan Regi
The Third official Meeting of the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED)
28 April 2012 , Cairo - Egypt
The Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED) created a network among the Mediterranean Arbitral Centres in order to define common principles for the administration of arbitral procedures. The Network includes the Centre for Arbitration, Mediation and Conciliation of the Algerian Chamber of Commerce and Industry (CACI), the Cairo Regional Centre for International Commercial Arbitration (CRCICA) , the Arbitration Court of Morocco (CMA), the Milan Chamber of Arbitration (CAM), the Tunis Mediation and Arbitration Centre and the Arbitration Department (CCAT), Istanbul Chamber of Commerce (ITO).
On 28 April 2012, CRCICA hosted the Third Official ISPRAMED's Network Meeting. CAM of Italy, ITO of Turkey, CRCICA of Egypt, CACI of Algeria were in attendance as members of the network, the Lebanese Arbitration Centre as observer and finally, Prof. Charles Jarosson of France attended as ISPRAMED's Network Coordinator. read more

Pan Regi
Independence and Impartiality of Arbitrators: Mediterranean Perspective,
29 April 2012 , Cairo - Egypt
On the occasion of the third Official ISPRAMED Meeting, CRCICA and ISPRAMED held an international conference on: "Independence and Impartiality of Arbitrators: Mediterranean Perspective" on 29 April, 2012, Cairo - Egypt. The Conference focused on one of ISPRAMED's working priorities, i.e., the theme of the independence and impartiality of arbitrators.
The geographical setting of the conference screened twenty different countries in attendance; African Arab Countries: Algeria, Egypt, Morocco; Asian Arab Countries: Jordan, Syria, Kuwait, Lebanon, Saudi Arabia, UAE, Bahrain and Qatar; non-Arab African countries: Ethiopia and Kenya; European Countries (Mediterranean and otherwise): Italy, France, Ireland, Turkey, UK and finally the USA and Australia. Transcending the Mediterranean perspective of the event, this rich setting stimulates wide-scaled comparative discussions of the regulatory framework governing the independence and impartiality of arbitrators on both the international and the regional levels. Also, institutional experiences of the different arbitration centres in the Mediterranean were presented against a broader background. At the end of the Conference, a round table discussion highlighted the different viewpoints of all parties concerned in a dynamic and interactive structure. read more

Arbitration Agreement Training Course: First Module in CRCICA's Annual Arbitration Training Program
19 - 21 May 2012, Cairo - Egypt
The 2012 round of CRCICA Arbitration Training started on 19-21 May 2012 by the Arbitration Agreement Module. The course was a balanced combination of lectures and tutorials. It provided candidates with sufficient knowledge of the theory and practice in all the requirements for the writing and understanding of the arbitration agreement. Attendees were a mixture of lawyers, engineers and governmental officials from Egypt, Syria, Ethiopia, Libya, Saudi Arabia and Palestine. Upon completion of the course, candidates were invited to progress onto the composition of the arbitral tribunal Module scheduled to be held on 9 - 11 September 2012.

ABA/CRCICA Continuing Legal Education (CLE) for Young Lawyers in Egypt: Skills, Practice and Professionalism
Since January 2009, the American Bar Association Rule of Law Initiative (ABA ROLI) and CRCICA have partnered to provide Continuing Legal Education (CLE) for young lawyers in Egypt. The CLE programs seek to bridge the gap between the participants' formal legal training and their needs as practitioners. As of January 2011, a number of basic training courses were held, the last of which has been in process since 20 May through 21 June, 2012. The goal of this course is to develop the participants' basic practical skills in legal analysis, oral advocacy, negotiation, drafting of contracts and legal memoranda.
As the project completed its third year, the first Advanced CLE course was held from 18 December 2011 until 18 January 2012. The course covers negotiation, lawyering skills and contract drafting on a broader scale than the basic course.

Recently Published
Arbitral Awards (Volume IV) 
The Centre has just published the fourth Volume of its ARBITRAL AWARDS prepared in Arabic by Dr. Mohi-Eldin Alam Eldin, CRCICA's Senior Legal Advisor. Quite aware of the relative shortage of Arabic literature on arbitral awards, CRCICA will keep up with publishing its own awards on regular basis, without, of course, disclosing the identities or nationalities of the concerned parties.

Getting the Deal Through Arbitration 2012
An article about CRCICA was published in the fully revised and updated seventh edition of Getting the Deal Through Arbitration 2012, which provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. In the format adopted throughout this series of annual special reports, the same key questions are answered by leading practitioners in each of the 57 jurisdictions featured. New jurisdictions in the year 2012 include Angola, Belgium, Croatia, Ecuador, Hungary, Indonesia, Italy, Kenya, Kuwait, Mozambique and Vietnam. The 2012 volume's extensive Overview section has also expanded to feature chapters on the CCBC, CRCICA, DIAC and ICSID.

International Contributions
CRCICA Director joins the ICCA's Governing Board as of June 2012
CRCICA Director was very recently elected as a Member of the Governing Board of the International Council for Commercial Arbitration (ICCA) for a regular term of four years. Seven other new members were also elected. They come from Brazil, France, Canada, Singapore, USA/Hong Kong, Ireland and China.
According to ICCA, the election of this diverse group of Governing Board Members is one step in the implementation of extensive changes to ICCA's structure and scope of activities announced during ICCA's 2010 Congress in Rio de Janeiro. Other changes - including the creation of a new category of general ICCA membership - were launched during ICCA's Congress that took place in Singapore from 10 to 13 June 2012. The Congress was followed by a meeting of the Governing Board on 13 June 2012 in which the newly elected members were welcomed and other matters relating to ICCA's current and future projects and activities were discussed.

CRCICA attends IFCAI's Council and General Assembly Meetings in Singapore
In his capacity as Vice-President of the International Federation of Commercial Arbitration Institutions (IFCAI), CRCICA Director attended both the IFCAI Council and the 18th IFCAI General Assembly meetings held in Singapore on 10 and 11 June 2012, respectively. During such meetings, three new members were elected to IFCAI's Council. They are Meg Kinnear (Secretary General of ICSID), Andrea Carlevaris (next Secretary General of the ICC) and Doug Jones (President of the Australian Centre for International Commercial Arbitration - ACICA). They will replace Jason fry, Nassib Ziade and Alexander Komarov. The next IFCAI Council meeting is scheduled to take place in Washington DC next November, while the 12th IFCAI Biennial Conference shall take place in Venezuela in March 2013. The tentative theme of the Conference is: Innovations in arbitration: The role of arbitral institutions.

VIAC/UNCITRAL Conference, Vienna- Austria, March 2012
On 29-30 March 2012 (Vienna - Austria), the UNCITRAL and the International Arbitral Centre of the Austrian Federal Economic Chamber (VIAC) held their annual Conference under the title: "The UNCITRAL Digest of Case Law: enactments of the UNCITRAL Model Law on International Commercial Arbitration and their Application by State Courts". CRCICA's Director was invited to present both CRCICA's experience with respect to the application of the UNCITRAL Model Rules as well as Egypt's experience with respect to the application of the UNCITRAL Model Law. In this context, he participated in a panel featuring representatives of 17 jurisdictions all over the world under the title "The Experience of Jurisdictions with the Enactment of the UNICTRAL Model Law on Arbitration". Also, he took part in a panel discussion on "Arbitration Rules as Institutional Rules" within the context of preparing the UNCITRAL Recommendations to assist arbitral institutions and other interested bodies with regard to arbitral proceedings under the UNCITRAL Arbitration Rules.read more

The UNCITRAL Guide on the New York Convention 
CRCICA was sought to assist with the preparation of an UNCITRAL Guide on the New York Convention. Within this context, the Centre provided the UNCITRAL with many decisions rendered from July 1990 to May 2009 by Egyptian Courts with respect to the recognition and enforcement of foreign arbitral awards under the New York Convention of 1958.

Regional Contributions
Arab Union of International Arbitration Elections,
Amman - Jordan 26 May, 2012
The elections of the members of the AUIA General Secretariat took place in Amman / Jordan on 26 May 2012. Coun. Dr. Borhan Amrallah, the former President of the Cairo Court of Appeal (Egypt) and the current international arbitrator was elected as the new Secretary General of AUIA. The Cairo Centre was nominated as a member of the new AUIA General Secretariat, which includes 16 other members from 12 Arab countries. It is noteworthy that in 1997, the Cairo Centre was a founding member of AUIA and, since that time, has been providing it with all possible support and has taken the lead of publishing the AUIA Journal of Arab Arbitration.

Judicial Mediation: Best Practices for the MENA Region,
Skhirat, Morocco, 30-31 May, 2012
CRCICA was represented in the Judicial Mediation: Best Practices for the MENA Region Conference, organized by the Moroccan Ministry of Justice, the Euro Mediterranean Centre for Mediation and Arbitration (CEMA) in cooperation with IFC. The Role of CRCICA in Promoting Commercial Mediation, as presented in the conference, received positive feedback as it highlighted how institutional strategies can establish new legal cultures by the implementation of practical steps ahead. At the end of the conference, a cooperation agreement was concluded between CRCICA and CEMA. Both institutions join regional forces in promoting mediation in the region under the umbrella of the IFC.

Qatar Law Forum,
Doha, Qatar, 4-6 May 2012
CRCICA was invited to participate at Qatar Law Forum (4-6 May 2012). Held under the patronage of His Highness the Emir of the State of Qatar, Sheikh Hamad bin Khalifa Al-Thani, the Forum is a remarkable event in the international legal calendar. It gathers in Doha, by invitation, international leaders in law from across the globe. The aim is to provide a unique opportunity to discuss the challenge of achieving global understanding and commitment to the Rule of Law and allied issues of international legal and economic significance. 60 countries from the developed and developing world were represented.

Review of the Iraqi Draft Law on Arbitration,
3 - 4 April 2012 - Dubai, United Arab Emirates
CRCICA was selected as one of two arbitration Centres in the region to participate in expert consultations on the Iraqi Draft Arbitration Law which is currently being reviewed by the Iraqi Shura Council and other official councils and commissions. Within this context, CRCICA Director took part in a Review of the Iraqi Draft Law Workshop which was held on 3 and 4 April 2012 in Dubai, United Arab Emirates. Sponsored by the Commercial Law Development Program (CLDP) and the Dubai International Arbitration Centre (DIAC), the Workshop was preceded by Lessons Learned in International Arbitration Seminar on 1 - 2 April 2012, which discussed existing laws in the region and highlighted the experiences of established international arbitration centres. CRCICA practices were approached in a comparative perspective session bringing together the structure, rules and decisions of the ICC, the LCIA, the DIAC and the CRCICA.read more

"Impact of recent Egyptian Judicial Decisions on Reversing Privatizations and Foreign Investment",
7 February 2012, Cairo - Egypt
The American Chamber of Commerce in Egypt (AMCHAM) sponsored a meeting on 7 February 2012 to examine the potential effects of recent court rulings reversing privatizations of government-owned companies. Featured speakers were Coun. Mohamed Amin El Mahdi, past president of the Egyptian State Council and Former International Criminal Tribunal Judge and Dr. Mohamed Abdel Raouf, CRCICA Director.
Dr. Abdel Raouf delivered a presentation on "The Practice of International Arbitration involving Parties from the Arab World: The Egyptian Experience". The presentation unfolded an invitation to Arab Countries to study Egypt's unique ICSID experience to realize that they can succeed in their investment treaty arbitrations if they judiciously negotiate their international investment contracts and treaties; honestly fulfil their contractual and international obligations; seriously seek to avoid or amicably settle their international investment disputes; faithfully conduct capacity-building training programs for their officials and jurists; and responsibly choose their lawyers and arbitrators. It took Egypt some time to learn the above, but on the whole its experience in recent investment treaty arbitrations is rather positive.

New Services:
Plan for the utilization of Information Technology
The Cairo Centre aims to deploy a set of computerized systems to support its administrative and logistical operations, and to develop a long-term plan with the aim to achieve the full advantage of information technology. On 16 May 2012, CRCICA concluded an agreement with an Egyptian IT solutions development company, LADIS (Legislation & Development Information Systems) to implement such plan.read more

Save the Dates !
9 - 11 September 2012
The ARBITRAL TRIBUNAL: Second Module in CRCICA's Annual Arbitration Training Program, Cairo - Egypt
The second module of CRCICA Arbitration Training Course 2012 is scheduled for 9-11 September 2012. 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. Reference documents also include an unprecedented collection of court decisions, analytic articles as well as expert commentaries. Participants will have the change to role play through a mock case designed to raise all top issues related to the composition and functioning of the arbitral tribunal. To complete all four programs, the third and fourth modules on "the Arbitral Procedures" and "the Award" will be scheduled successively in 2012.

10 - 11 October 2012,
Euro-Arab Investor-Sate Dispute Resolution: Recent Developments and Future Perspectives,
Cairo - Egypt
Investor-state disputes have grown to be a subject of wide institutional attraction all over the world. The Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and CRCICA agreed to hold a joint conference on this topic to provide a better understanding of relevant laws and practices within the Euro-Arab context. The Conference will be hosted by the League of Arab States and UN Organization of competence will be invited to participate. It is noteworthy that since 2005, CRCICA has placed investor-state disputes in focus and has organized accordingly relevant events with the UNCTAD, OECD, the Arab Parliament and other international/regional organizations. More recently, CRCICA Director joined the IBA Working Group on Rules for Investor-State Mediation. The Draft Rules were prepared in October 2011 and are due to be finalized in the near future.

28 - 29 November 2012,
SHARM EL SHEIKH IV:
The Role of State Courts in Arbitration, Sharm El Sheikh, Egypt
Sharm El Sheik IV is the fourth in the only international series of conferences organized biennially since 2005 on the renovating 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). Currently, CRCICA works on a comparative survey on the role of Arab state courts in arbitration. Findings will be announced in the Conference.

11 December 2012,
Sport Arbitration Conference,
Cairo - Egypt
CRCICA and the Court of Arbitration for Sport (CAS) will hold an official Conference on the occasion of inaugurating the CRCICA-hosted CAS Alternative Hearing Centre. The CAS President will be representing the Court in the conference. All local and regional Sport institutions, as well as interested individuals, will be invited to participate.

Membership of ICCA . . . NOW OPEN
From June 2012, general membership of ICCA is open to all law graduates and graduates of other disciplines specializing in arbitration. The general ICCA membership will continue to be headed by a Governing Board (the former ICCA Council) of up to 45 recognized specialists in the field of dispute resolution from all parts of the world drawn from the general membership. ICCA members are entitled to a wide range of benefits including, inter alia, discount to attend future ICCA Congresses and Conferences, listing academic publications on the ICCA website and eligibility for appointment to the ICCA Governing Board. For more details, please Click here

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