In this edition
 
CRCICA's recent caseload: New Annual Record
 
Annual CRCICA BOT Meeting
 
CRCICA Advisory Committee Meeting
 
CRCICA Adopts New Mediation Rules
 
Events Update
 
Sharm El Sheikh IV - The Role of State Courts in Arbitration, 27 - 28 November 2012, Sharm El Sheikh - Egypt
 
The ARBITRAL AWARD: Fourth Module in CRCICA's Annual Arbitration Program, 16-19 December 2012, Cairo - Egypt
 
CRCICA hosts CIArb Cairo Wednesday One Seminars
 
5 December 2012:
The Determination of the Law Applicable to the Merits of the Dispute: The Arbitral and judicial Case Law
 
Afghani Delegation Visited CRCICA
 
Institutional Mediation Booming:
CRCICA, MOJ and GAFI into Collaboration
 
CRCICA hosted a Lecture on Comparative Arbitration in Contractual and Legal Aspects in Construction Industry: Construction Law (CLAC)
 
International Contributions
 
CRCICA participated in the German-Egyptian Expert talks on arbitration, 19 - 23 November 2012, Cologne Germany
 
Chapter on CRCICA in the 2013 Edition of Getting the Deal Through
 

Selections of CRCICA Arbitral Awards, ICCA Yearbook Commercial Arbitration 2013

 
Adoption of the IBA Rules for Investor-State Mediation
 
Recently Published:
 
Volume 19 of the Journal of Arab Arbitration
 
Save the Dates !
 
10 March 2013:
CRCICA Mediation Rules Launch Event
 
20 May 2013
International Mediation Conference
 
June 2013
Sport Arbitration Conference
 
CRCICA Four-Module Arbitration Program 2013 Round
 
 

CRCICA's recent caseload: New Annual Record
The total number of arbitration cases filed before CRCICA until 31 December 2012 reached 870 cases. In 2012, 78 new arbitration cases were filed, scoring as such 19% annual increase compared to the 66 cases filed in 2011. 2012 witnessed therefore a new record for the number of cases registered under the auspices of CRCICA in a single year (78 cases). The previous record, reached in 2007 (67 cases), has already been broken.
In the fourth quarter of 2012, 11 new arbitration cases were filed. Such cases involved disputes relating to construction, real estate, petroleum services, sports, media and entertainment, agency agreements and investment agreements. Real estate disputes related to the touristic development of a land in Sahl Hasish, Hurghada, Egypt as well as the agricultural development of a land in Menyia Governorate, Egypt. Sports-related disputes related to the broadcasting of sportive events and shows. The investment agreement related to the financing of a factory in Obour City, Egypt, manufacturing oils, soap and detergents. The media and entertainment case related to the marketing of a television game show. The petroleum services dispute related to a contract for the processing of crude oil.
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Annual CRCICA BOT Meeting
On 28 November, 2012, CRCICA held its first Board of Trustees (BOT) Meeting in Sharm El Sheikh by the attendance of 12 members; 9 in person and 3 by proxies. Attending members were: Dr. Ali AI Marri (Qatar), Prof. Bernardo Cremades (Spain), Dr. Abdel Hamid El Ahdab (By proxy) (Lebanon), Dr. Nabil Elaraby (Egypt), Dr. Mohamed El Baradei (Egypt), Prof. Dr. Yehia El Gamal (Egypt), Prof. Dr. Ahmed Sadek El Kosheri (Egypt), Judge Mohamed Amin El Mahdy (Egypt), Dr. Hamza Haddad (Jordan), Judge Dr. Adel Koura (Egypt), Me Philippe Leboulanger (By proxy) (France), Mr. Michael Schneider (By proxy) (Switzerland). read more


CRCICA Advisory Committee Meeting
On 27 November 2012, CRCICA Advisory Committee (AC) held its first meeting after its new composition, effective as of 1 May 2012, which was meant to expand the membership of the AC to include a total of 16 Members from different parts of the world.
The following respectable members were in attendance : Dr. Mohamed S. Abdel Wahab (Egypt), Judge Dr. Borhan Amrallah (Egypt), Prof. Dr. Ahmed Sadek El Kosheri (Egypt), Judge Mohamed Amin El Mahdy (Egypt), Prof. Dr. Mahmoud Samir El Sharkawi (Egypt), Prof. Dr. Hamza Haddad (Jordan), Judge .Dr. Adel Koura (Egypt), Me. Philippe Leboulanger (France), Prof. Dr. Fathi Waly (Egypt), Ms. Rabab Yasseen (Switzerland), Prof. Nassib Ziadé (Lebanon) and Dr. Mohamed Abdel Raouf who is a member of the AC in his capacity as CRCICA Director.
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CRCICA Adopts New Mediation Rules
Mediation has grown as a simple, effective and reasonably priced dispute settlement mechanism. Keeping up with international trends and practices, CRCICA issued its New Mediation Rules, effective as from 1 January 2013. They are now available in Arabic and English at:
pdf view the new CRCICA Mediation Rules (Arabic version)

pdf view the new CRCICA Mediation Rules (English version)

Since 2011, under the umbrella of the International Finance Corporation, a member of the World Bank Group, CRCICA has worked with the Centre for Effective Dispute Resolution (CEDR) to develop new mediation rules that respond to users' expectations in the light of recent practices worldwide. "The new CRCICA mediation rules", according to Mr. James South, CEDR Director, " are high quality and consistent with developments of international mediation practice. They also show CRCICA's commitment to developing mediation services in Egypt and the wider region." read more

Events Update
Sharm El Sheikh IV - The Role of State Courts in Arbitration, 27 - 28 November 2012, Sharm El Sheikh Egypt
On 27-28 November 2012, Sharm El Sheikh IV- The Role of State Courts in Arbitration was held as 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 initiative 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 agenda featured comparative analysis of the different aspects of the role of State courts in arbitration in eastern and western countries. Most recent judicial applications as well as latest legislative and institutional developments were discussed in a splendid cross-cultural context. Conferees were interested for being updated on the role of State courts under the new French Arbitration Law after a year of application. The new court-related features of the Swiss Arbitration Rules 2012 were discussed including the possibility of referring the arbitration file to a sole emergency arbitrator even prior to the constitution of the tribunal.
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The ARBITRAL AWARD: Fourth Module in CRCICA's Annual Arbitration Program, 16-19 December 2012, Cairo - Egypt
The fourth module of CRCICA Annual Arbitration Program 2012 was held on 16-19 December 2012. 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 from Egypt, Tunisia, Sudan, Ethiopia and Saudi Arabia.

CRCICA hosts CIArb Cairo Wednesday One Seminars
CRCICA was nominated the seat of the Cairo Branch of the Chartered Institute of Arbitrators since its inception in 1999. One of the most lively activities of the Branch, which CRCICA has been hosting since then, is the Wednesday One Seminars which feature key speakers to tackle the practical aspects of current legal issue. Guest Speakers of the CIArb Cairo Wednesday One Seminars are eminent figures in the legal and business professions.
Record of past speakers includes Dr. Fouad Riad Professor of Law (Private International Law) - Cairo University, Former Judge of the International Criminal Tribunal for the former Yugoslavia, Dr. Mostafa El Fiky, Former Head of the Foreign Relations Committee, People's Assembly, Prof. Dr. Georges Abi Saab, Former Member and President of the Appellate Body, WTO, Mr. Michael Schneider, Founding Partner of LALIVE ;President of the Swiss Arbitration Association (ASA).

5 December 2012:
The Determination of the Law Applicable to the Merits of the Dispute: The Arbitral and judicial Case Law
The Wednesday One Seminar Tradition was revived on 5 December 2012, by an interesting talk on "The Determination of the Law Applicable to the Merits of the Dispute: The Arbitral and Judicial Case Law." The speech was delivered by Dr. Hesham Sadek, Professor of Private International Law, Faculty of Law, Alexandria University and Member of the Permanent Court of Arbitration in The Hague.

Afghani Delegation Visited CRCICA
On 5 December 2012, the Afghani Minister of Justice accompanied by top governmental officials visited the Centre in the context of Egyptian-Afghani ministerial cooperation, which aimed at getting the official representatives of the Afghani legal community more acquainted with Egypt's legal and legislative experience including its arbitration experience.
After hearing a presentation about the Centre, its role and activities, the Delegation showed remarkable interest in developing arbitration in Afghanistan and in selecting a reliable and credible venue for arbitration disputes involving Afghani public entities.

Institutional Mediation Booming:
CRCICA, MOJ and GAFI into Collaboration:
Within the context of the IFC mediation project in Egypt, CRCICA has recently developed strong ties of cooperation among other IFC partners in Egypt being the Ministry of Justice (MOJ) and the Investors' Disputes Settlement Centre of the General Egyptian Authority for Investment (GAFI). The three bodies are recognized as the prime commercial mediation promoters and providers in Egypt.
Having issued its Mediation Rules as early as 1990, CRCICA has operated, since then, institutional mediation as an effective means for settling commercial disputes. As of January 1, 2013, a new version of the Rules has entered into force. Similarly, both the MOJ and GAFI have developed reliable mediation infrastructure.
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CRCICA hosted a Lecture on Comparative Arbitration in Contractual and Legal Aspects in Construction Industry: Construction Law (CLAC)
On 5 December 2012, CRCICA hosted a lecture on Comparative Arbitration within the Context of the Program on Contractual and Legal Aspects in Construction Industry: Construction Law (CLAC) organized by the American University in Cairo (AUC). The Comparative Arbitration Module in this program is delivered by Dr. Mohamed Abdel Raouf, CRCICA Director jointly with Professor Mohamed Salah Abdel Wahab, Professor, Faculty of Law - Cairo University.
The Module is a wide ranging one including intensive lecturing on the arbitration agreement and its legal effects, conflict of laws in international commercial arbitration, constitution of the arbitral tribunal, arbitration proceedings, applicable procedural rules and substantive laws, Arbitration Law No. 27/1994, UNCITRAL Arbitration Rules, ICC Rules, the arbitral award, judicial review of the arbitral award, the annulment of the arbitral award and the different Alternative Dispute Resolution mechanisms(ADR).

International Contributions
CRCICA participated in the German-Egyptian Expert talks on arbitration,
19 - 23 November 2012, Cologne Germany
CRCICA was invited to the German-Egyptian expert talks on arbitration, which was organized by the German Foundation for International Legal Cooperation (IRZ) and hosted by the German Institution of Arbitration (DIS) in Cologne, Germany from 19 to 23 November 2012. Along with a group of Egyptian judges from the Ministry of Justice and the Cairo Economic Court, CRCICA Legal Advisor Inji Fathalla attended the Working Group.
The meeting featured presentations on the legal framework of arbitration in Egypt and Germany as well as the arbitral experiences of both Egyptian and German institutions for international arbitration. The functioning of the DIS was presented in details. This included explanation of the conflict management technique, which is meant to determine the best method of settling a given dispute. Also, the functioning and advantages of the DIS expedited proceedings were highlighted.
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Chapter on CRCICA in the 2013 Edition of Getting the Deal Through
A Chapter on CRCICA is due to be published in the eighth edition of Getting the Deal Through Arbitration 2013,which provides international analysis in key areas of law and policy for corporate counsel, cross-border legal practitioners and business people. The scope of coverage of the publication is expanding annually. In the 2013 edition, there will be 56 jurisdictions and 15 arbitral institution chapters. It is notable that CRCICA was also featured in the 2012 edition.

Selections of CRCICA Arbitral Awards, ICCA Yearbook Commercial Arbitration 2013
Selections of CRCICA Arbitral Awards, of general interest to the international commercial arbitration community, will be published in the ICCA Yearbook Commercial Arbitration 2013. It is notable that CRCICA published three volumes of its awards in both Arabic and English. The fourth volume has recently been published in Arabic. All awards were published in anonymous fashion by Dr. Mohie Eldin Alam El Din, senior legal advisor at CRCICA.

Adoption of the IBA Rules for Investor-State Mediation 
By a resolution of the IBA Council dated 4 October 2012, the IBA Rules for Investor-State Mediation were adopted. The IBA Subcommittee on State Mediation has drafted the Rules to specifically address disputes and conflicts arising between foreign investors and sovereign States that host their investment. Divided into 12 articles, the Rules facilitate the resolution of disputes involving States and States entities. They establish clear rules for the commencement of mediation and for the appointment of a mediator in absence of party agreement. The Rules also include an innovative rule on "Mediation Management Conference", to effectively get the mediation started.
CRCICA Director, Dr Mohamed Abdel Raouf, participated in the drafting process as member of the drafting committee for "Scope of application of rules"; "Commencement"; and "timeframe for mediation proceedings".

Recently Published:

Volume 19 of the Journal of Arab Arbitration 
CRCICA has recently published volume 19 of the Journal of Arab Arbitration, which is a semi-annual publication of the Arab Union of International Arbitration (AUIA). This volume features the papers submitted to Sharm El Sheikh IV- The Role of State Courts in International Commercial Arbitration held on 27-28 November 2012.

Save the Dates !

10 March 2013:
CRCICA Mediation Rules Launch Event
On the occasion of the issuance of the new CRCICA Mediation Rules effective as of 1 January 2013, CRCICA will hold a launch event to announce the new Rules to the business and legal communities in Egypt and the region. Invitees will include lawyers, mediators, key business representatives as well as governmental officials.

20 May 2013
International Mediation Conference
CRCICA will hold a major mediation conference to raise public awareness regarding the effectiveness of mediation as a means of settling commercial disputes. The event will be held in cooperation with the IFC, the Egyptian Ministry of Justice and GAFI.

June 2013
Sport Arbitration Conference
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. All local and regional Sport institutions, as well as interested individuals, will be invited to participate.The above date is to be confirmed.

CRCICA Four-Module Arbitration Program2013 Round
In cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb), the 2013 Round of CRCICA CIArb four-phased progressive educational ladder will be held separately starting March and ending December 2013 as follows:
3-5 March 2013:
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.
2-4 June 2013:
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.
1-3 September 2013:
Third Module: The ARBITRAL PROCEDURES
The Arbitral Procedures Module tackles, inter alia, the rules applicable to the procedures, evidences and the examination of witnesses, interim measures...etc.
1-4 December 2013:
Fourth Module: THE ARBITRAL AWARD
The fourth and last module of CRCICA Annual Arbitration Program 2013 is scheduled for 1-4 December 2013. 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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