Past Events

The Cairo Regional Centre for International Commercial Arbitration (CRCICA) Welcomed Professor Georges Affaki for a Lecture Cairo - 4 February 2025 In a distinguished intellectual evening, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) organized an insightful seminar delivered by Prof. Georges Affaki, a prominent international arbitrator, Justice of the Qatar International Court, admitted before the French courts, and Professor at the University of Paris. With decades of extensive experience in law and arbitration, Prof. Affaki has become one of the most influential figures in the field. He is also a member of governing councils of international organisations and has served as a consultant to numerous governments and institutions on arbitration and dispute resolution matters. In addition to his practical experience, he has made significant academic and research contributions that have enriched modern arbitration principles at the international level.

The lecture, titled "The Arbitrator between the Duty of Impartiality and the Duty of Disclosure: Reflections on the Legitimacy of the Standard and the Risk of Extremism in Its Application," provided an in-depth exploration of a timely and thought-provoking topic.

The lecture was moderated by Prof. Ismail Selim, Director of CRCICA, who provided valuable insights into the topic, highlighting CRCICA’s commitment to fostering transparent and effective arbitration practices. The session focused on the concept of the duty of disclosure in international arbitration and the need to reconsider its established principles to ensure fairness and impartiality in the arbitration process. Prof. Affaki emphasized from the outset that disclosure is not an end in itself but rather a tool that enables the parties to make informed decisions regarding an arbitrator’s impartiality and independence. The seminar examined recent developments that have impacted the arbitration landscape, allowing Prof. Affaki to present in-depth insights into the role of disclosure in enhancing transparency and trust in the arbitration process. Key topics discussed included the standards for the determination of challenges of arbitrators, factors that may raise doubts about their impartiality, and the extent to which excessive disclosure requirements could affect the efficiency of international arbitration. The discussion covered the criteria used for assessing impartiality and independence, with Prof. Affaki highlighting the difference between an objective standard, adopted by the arbitral institution or a court when deciding on a challenge against an arbitrator, and a subjective standard for disclosures, which relies on the parties' perception of whether or not there is an absence of impartiality and independence. He also addressed the impact of an arbitrator’s reputation and the importance of avoiding opportunistic challenges by parties when submitting applications for challenge. Regarding issues that might cast doubt on an arbitrator’s impartiality, Prof. Affaki queried whether grounds for challenge should be limited to financial dependency while disregarding personal relationships or social connections that do not directly affect an arbitrator’s independence. He also discussed the need to set clear boundaries for the duty of disclosure so that it does not extend to situations covered under the "green list" of the International Bar Association (IBA) Guidelines on Conflicts of Interest in International Arbitration. The seminar also addressed the challenges posed by excessive disclosure, particularly as some arbitration institutions, prompted by a desire to stave off potential court challenges to awards, increasingly accept challenges based on non-disclosure, even when the omitted information does not impact an arbitrator’s impartiality. Prof. Affaki warned of the risks associated with this trend, particularly in investment arbitration, which has witnessed significant developments such as the adoption of a code of conduct prohibiting dual roles for arbitrators, lawyers, and legal experts. Potential solutions to mitigate excessive disclosure requirements were also discussed. Among them was the idea that an arbitrator should not be open to challenge for not meeting reasons that were known only to the parties when selecting that arbitrator. Additionally, the seminar proposed enhancing the concept of a "duty of cooperation" between arbitrators and parties, making disclosure a shared responsibility rather than an obligation solely imposed on the arbitrator. On the future of arbitration, Prof. Affaki raised questions about the feasibility of utilizing artificial intelligence (AI) systems to create a comprehensive database of cases and arbitrators in international arbitration Centres, allowing for preemptive verification of disclosures while stopping short of prompting an increase in abusive challenges. The seminar concluded with several key recommendations, with attendees agreeing on the need to distinguish between disclosure as a legal obligation and the assessment of whether such disclosure actually affects an arbitrator’s impartiality and independence. The importance of adopting an objective standard in evaluating impartiality and independence was emphasized, along with the need to avoid excessive formalities that may hinder the arbitration process due to unreasonable disclosure requirements. At the close of the seminar, Prof. Ismail Selim asserted that arbitrators' independence should be subject to different standards compared to judges due to the contractual nature of arbitration, but emphasized on the paramount importance of the arbitrators’ compliance with their duty to disclose. Amid significant engagement from the attendees, the seminar concluded with extensive discussions, reaching a consensus on the necessity of striking a balance between absolute non-transparency and arbitrary disclosure, in order to reach moderate and reasonable disclosure, thereby ensuring the continued effectiveness of international arbitration as a reliable and equitable dispute resolution mechanism.

The lecture was widely praised for its insightful analysis and significant contribution to the ongoing discourse in international arbitration.

   

On 11 December 2024, CRCICA had the honor of hosting Michael E. Schneider, one of the most distinguished figures in international arbitration, for a highly anticipated distinguished lecture on “New Tools for Improving Efficiency in International Arbitration – UNCITRAL’s SPEDR Clauses.” The lecture provided invaluable insights into adjudication clauses and innovative mechanisms for enforceable determinations, addressing a critical aspect of arbitration—enhancing efficiency while maintaining fairness and procedural integrity. Mr. Schneider examined the impact and practical applications of UNCITRAL’s Model Clauses on Specialised Express Dispute Resolution (SPEDR), focusing on their use in arbitration proceedings, particularly within CRCICA’s framework. With time and cost efficiency being a major concern in arbitration, UNCITRAL has taken significant steps by introducing Expedited Arbitration Rules and now a set of SPEDR Model Clauses. These include provisions on adjudication and technical advisors to arbitral tribunals, aiming to streamline processes and ensure faster and more effective dispute resolution. The discussion delved into the real-world application of these mechanisms, providing attendees with practical perspectives and strategic insights. The session was moderated by Ambassador Mohamed Moustafa Kamal, former Assistant Minister of Foreign Affairs and member of the Chartered Institute of Arbitrators (Egypt Branch) Committee. His expertise enriched the discussion, fostering a dynamic exchange of ideas among attendees. CRCICA extends its sincere appreciation to Mr. Michael E. Schneider for sharing his expertise and thought leadership. This distinguished lecture reaffirms CRCICA’s commitment to providing a platform for leading arbitration professionals to engage in meaningful discussions that shape the future of international arbitration and ADR.  

On 24 October 2024, CRCICA in partnership with LexisNexis Middle East and SOL International Ltd hosted the “Developments in International Arbitration” – Egypt Edition seminar, featuring the globally renowned arbitration expert Gary Born. The event brought together leading professionals and arbitration practitioners for an insightful discussion on the latest global developments shaping international commercial arbitration, with a particular focus on Egypt and the MENA region. The seminar provided a dynamic platform for exchanging knowledge on evolving arbitration trends, procedural innovations, and the challenges and opportunities shaping dispute resolution in today’s rapidly changing global landscape. Through engaging discussions, the session explored recent legal developments, key case law, and strategic approaches aimed at enhancing the efficiency and effectiveness of arbitration. Attendees had the unique opportunity to gain invaluable insights from some of the most esteemed figures in the field, as they shared their expertise on the growing role of arbitration in cross-border dispute resolution and the evolving regulatory frameworks in the MENA region. The discussion was enriched by the perspectives of distinguished speakers, each bringing a wealth of experience to the conversation. Gary Born, as one of the world’s foremost authorities on international arbitration, led the conversation with his unparalleled expertise, offering a deep dive into the most pressing issues facing arbitration today. Sarah Malik, CEO of SOL International Ltd and International Dispute Counsel, brought forward key insights on the role of arbitration within international legal frameworks, while Hassan Arab, Partner and Regional Head of Dispute Resolution at Al Tamimi & Company, provided valuable perspectives on arbitration in the Gulf region. Dr. Dalia Hussein, Deputy Director at CRCICA, and Dr. Ismail Selim, CRCICA’s Director, contributed their insights on the arbitration landscape in Egypt, sharing CRCICA’s vision and role in advancing arbitration practices in the region. The discussions underscored the growing significance of arbitration as a preferred method for resolving commercial disputes, particularly in an era where international trade and investment continue to expand. The engaging exchange of ideas emphasized the importance of adapting arbitration practices to emerging legal and technological advancements, ensuring that arbitration remains a flexible and efficient mechanism for dispute resolution. CRCICA takes pride in having been a part of this prestigious event and extends its gratitude to LexisNexis Middle East and SOL International Ltd for organizing such an impactful session. As the field of arbitration continues to evolve, CRCICA remains committed to fostering knowledge exchange, professional development, and excellence in dispute resolution practices, ensuring that arbitration continues to serve as a trusted and effective mechanism for resolving international disputes.

On 21 October 2024, CRCICA, in collaboration with the AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC), hosted an insightful joint seminar in Cairo, bringing together leading legal professionals, business leaders, and policymakers from Egypt and Hong Kong. The event served as a platform to explore the strategic advantages of both jurisdictions as key gateways for inter-regional deal-making and dispute resolution, highlighting their complementary strengths, legal frameworks, and growing economic ties. The discussions centered around two key themes. The first session, "Unique Advantages of Using Egypt and Hong Kong as a Gateway for Inter-Regional Deal-Making and Dispute Resolution," examined how both jurisdictions facilitate international business transactions and cross-border arbitration, offering strategic locations, well-developed legal infrastructure, and efficient dispute resolution mechanisms. The second session, “Development of Legal Jurisprudence Recovery, Auction, and Licensing of Art, Antiques, and Cultural Relics,” provided a fascinating deep dive into the legal considerations surrounding the protection, trade, and repatriation of cultural heritage, a topic of growing international significance. CRCICA had the honor of welcoming a distinguished delegation from Hong Kong, alongside esteemed legal experts from Egypt, who brought their vast expertise to the discussions. The Honorable Councilor Dr. Junius Ho, Herman YM Tse, C.M. Chan, Congressman Nick Chan, Senator Dr. Hani Sarie-Eldin, and Prof. Dr. Mohamed Sameh Amr contributed invaluable insights into the evolving landscape of international arbitration, business law, and cultural asset management. Moderating the sessions, Dr. Ismail Selim, CRCICA Director, and Mr. Shaaban A. Abd Elgawad, Director-General of the General Administration for Antiquities Repatriation, guided the exchanges, fostering thought-provoking dialogue on legal, economic, and cultural perspectives. This seminar underscored the longstanding collaboration between Egypt and Hong Kong, reaffirming the shared commitment to fostering stronger trade, legal cooperation, and dispute resolution mechanisms. The event also highlighted the increasing significance of arbitration in resolving international commercial disputes and the need for cross-border legal frameworks to protect cultural heritage. CRCICA expresses its sincere gratitude to AALCO-HKRAC, Invest Hong Kong, The Law Society of Hong Kong, and all distinguished speakers and attendees who contributed to the success of this event. Their participation reinforced the value of ongoing cooperation and dialogue in shaping the future of arbitration, trade, and cultural heritage law in both regions.

On 10 June 2024, CRCICA was proud to participate in the “Beyond Borders: Elevating Corporate Excellence through Strategic Global Structures” conference, held at the St. Regis Hotel, Cairo. Organized by Arab Counsel and Manifesto in partnership with Juristax Group (Mauritius) and the Egyptian Regulatory Reform and Development Activity (ERRADA), the conference served as a premier platform for discussions on strategic global structures, corporate governance, and the evolving role of international arbitration in fostering investment and business dispute resolution. Representing CRCICA, Dr. Mohamed Hafez, Associate Director for Legal Affairs, was a key speaker in a fireside chat titled “Building Bridges: The Quest for a Regional Arbitration Centre.” He provided valuable insights into the challenges, opportunities, and pressing need for a mature regional arbitration centre in the Arab world. His presentation underscored CRCICA’s pivotal role as a leading regional and international arbitration institution, highlighting its neutrality, robust caseload, international recognition, and commitment to continuous improvement. He also outlined the new CRCICA Arbitration Rules 2024, emphasizing their adaptability to the evolving needs of arbitration users and global trade landscapes. Dr. Hafez further engaged in a high-level roundtable discussion on “Fostering Foreign Investment: The Interplay of International Arbitration and Egyptian Legislation.” This session, facilitated by ERRADA, aimed to develop a white paper and policy recommendations for regulatory authorities. The roundtable explored how international arbitration interacts with Egyptian laws, examining ways to enhance the legal framework to attract and protect foreign investment while fostering economic growth. CRCICA extends its appreciation to the event organizers and all participants for facilitating a thought-provoking exchange on arbitration, corporate strategy, and investment regulation. As arbitration continues to evolve as a cornerstone of international business, CRCICA remains committed to enhancing dispute resolution mechanisms and supporting economic development in the region.