Two Seminars on Dispute Settlement of Agricultural Export Contracts, Cairo and Alexandria
Within the framework of CRCICA’s role and efforts to raise the awareness and guidance of Traders and Investors in the best practices of mediation and arbitration for the dispute settlement of export contracts; CRCICA organized jointly with the Agricultural Export Council (AEC) two Seminars on “Dispute Settlement of Agricultural Export Contracts”, held respectively on 13 October 2020 at CRCICA’s premises, Cairo and on 17 November 2020, at Hilton Alexandria Green Plaza Hotel, Alexandria.
The agenda focused on introducing institutional arbitration and mediation as alternative methods for the settlement of international trade disputes, as well as the drafting, insertion, and negotiation of the arbitration clause in agricultural export contracts. The opening and closing speeches were delivered by Dr. Ismail Selim, Director of CRCICA, and Mr. Hany Hussein, CEO of the Agricultural Export Council. The panel discussion was delivered in both events by Ms. Fatma Ibrahim, Mediation Special Advisor at CRCICA, Mr. Fehmi Karami, Mediator, International Arbitrator, and Trainer on Mediation (Lebanon) and Mr. Sherif El Saadani, Partner AMERELLER who delivered a speech on CISG. The events were attended by members of the Agricultural Export Council in Cairo and Alexandria and representatives of 34 Egyptian agricultural companies.
Webinar on Online Dispute Resolution and the COVID Revolution: A Blessing in Disguise?
organizations to adapt at short notice to new means of working and offer solutions to parties and practitioners that will enable dispute resolution in a time of enforced social distancing. In response to this situation, the CIArb Egypt Branch in cooperation with CRCICA organized a webinar on 14 October 2020 titled "Online Dispute Resolution and the COVID Revolution: A Blessing in Disguise?” The guest speaker was Prof. Dr. Mohamed Abdel WahabFounding Partner & Head of the International Arbitration, Construction, Oil & Gas and Projects Groups, Zulficar & Partners Law Firm; and Vice-President of the ICC International Court of Arbitration, The moderator was Ms. Fatma Ibrahim, Mediation Special Advisor to CRCICA.
Prof. Dr. Abdel Wahab delivered an insightful presentation on the historical background of the stages of ODR adoption in the past until the present. The audience learned how ODR started from being challenged, then promoted until the world had to acknowledge and believe in it recently, due to the COVID 19, as a framework for online arbitration and mediation. Prof. Dr. Abdel Wahab shared a forward-looking approach into the future of Artificial Intelligence (AI) and where it may take the world. Reference was made to possible present and future fears that all increasingly integrate and replace the human element in various practices. The event was exceptionally witnessed by more than 1000 viewers from all over the world. Participants lively shared views and reacted to the polling questions initiated by Prof. Dr. Abdel Wahab.
Interestingly, the webinar broadcasted a short video of a speech by Prof. Dr. Abdel Wahab at the UN Forum on Online Dispute Resolution in 2006, long before the current digital leap and the COVID consequences, where Prof. Dr. Abdel Wahab emphasized that “ODR is a reality and it does exist, and not a dream anymore”!
At the end of the event, Dr. Ismail Selim, Director of CRCICA, announced a co-organization between CRCICA and Arbitrate.Com for the virtual training course on Online Arbitration- Best Practices and Avoiding Pitfalls, taking place in November 2020. The Training gives a comprehensive overview of online arbitration and its best practices presented by top leaders of ODR. To know more about the training visit: https://lnkd.in/dUQR4Fu
Webinar on: Is Egypt a Friendly or Unfriendly Country to Arbitration?
On 15 September 2020, the Egypt Branch jointly with CRCICA organized a webinar titled: Is Egypt a Friendly or Unfriendly Country to Arbitration? The speaker was Dr. Engy Serag, Contracts and Claims Director, Orascom Construction and Adjunct Faculty at the AUC. CRCICA’s Director, Dr. Ismail Selim, moderated the event. The introduction of Dr. Selim outlined that Egypt is a friendly country to arbitration since its early adherence to the New York Convention in 1958, hosting CRCICA as one of the first arbitration institutions in the region since 1979. Further, the decisions of the Egyptian judiciary adopts best arbitration practice, while the arbitration awards are enforced under the Egyptian Arbitration Act 1994 (which is adopted with some modifications in various Arab countries). Dr. Selim concluded that it is important for Egypt to be a favorite seat for arbitration to attract arbitration cases.
The speech of Dr. Serag focused on the need for an arbitration friendly judicial system to settle disputes in light of the recent investment projects in Egypt. She highlighted the challenges in relation to arbitration agreement, arbitration procedures, and enforcement in Egypt. In the Q&A session, several recommendations were highlighted to overcome such challenges. The event was attended by 221 participant from 19 countries; Bangladesh, Burundi, Canada, Egypt, Germany, India, Jordan, Kenya, Kuwait, Qatar, Romania, Russian Federation, Saudi Arabia, Spain, Switzerland, Turkey, United Arab Emirates, United Kingdom, and the United States of America.
Webinar on: Variations after the Contract Completion Date – The “Net” Vs “Gross” Debate
The CIArb Egypt Branch organized jointly with CRCICA a webinar titled "Variations After the Contract Completion Date - The 'Gross' vs 'Net' Debate" on 15 August 2020. Unlike other events, the webinar was conducted as a mock arbitration hearing where the key players (the speakers) were the claimant: Dr. Waleed El Nemr, Contracts Director of Hill International (Africa) LTD, Adjunct Assistant Professor at the Department of Construction Engineering, the American University in Cairo), the respondent: Eng. Amr Askar, Host Country Contracts Manager, CDM Smith, and the sole arbitrator (Moderator): Eng. Mahmoud El Saadany, Contracts, Commercial and Project Management Consultant.
The case centred on a debatable topic in the construction industry concerning changes issued after the contract completion date and the extent to which an employer is entitled to apply liquidated damages on a contractor, who receives a late change and clings onto this last-minute change as his rescue from the application of liquidated damages. The contract used for the case was the FIDIC 2017 Red Book. The parties in dispute raised several arguments rooted in contract, law and international practice to argue their respective positions. The webinar was attended by 234 participants from 20 countries; namely Bangladesh, Burundi, Canada, Egypt, Germany, India, Jordan, Kenya, Kuwait, Qatar, Romania, Russian Federation, Saudi Arabia, Spain, Switzerland, Turkey, United Arab Emirates, United Kingdom, and the United Kingdom.
Webinar on: FIDIC 2017 Red Book: A Civil Law Inclination?”
On 14 July 2020, the CIArb Egypt Branch organized jointly with CRCICA a webinar titled “FIDIC 2017 Red Book: A Civil Law Inclination?” The speakers were Dr. Ahmed Waly, Managing Partner of Waly – Arbitration and Contract Administration Firm, Adjunct Associate Professor at the Department of Construction Engineering, the American University in Cairo, and Dr. Waleed El Nemr, Contracts Director of Hill International (Africa) LTD, Adjunct Assistant Professor at the Department of Construction Engineering, the American University in Cairo. The moderator was Dr. Salwa Fawzy, Commercial Director (Contracts and Procurement) at El Sweedy Industrial Development, and Instructor at the American University in Cairo.
At the onset of the webinar, Dr. Fawzy announced the establishment of the Branch’s Mentoring Program as the first Program initiated by a CIArb branch in the region. The Program provides young CIArb members the opportunity to learn from the experience of more senior CIArb’s community members through several activities like workshops, video conferences, sharing information and networking opportunities. For more information about the mentoring program, https://www.ciarb.org/our-network/middle-east-subcontinent/egypt/mentoring-programme/
The webinar topic was unique, as it made correlations between provisions in the Egyptian Civil Code and clauses in the FIDIC 2017 "Red Book" contract to deduce a possible effect of the former on the latter. Dr. Waly and Dr. El Nemr highlighted the similarities (as well as some differences) using four concepts as a base for comparison, namely good faith, force majeure/exceptional events, decennial liability and termination for default. The webinar was viewed by 1700 viewers on various social media platforms, attended by 460 participants from 43 countries; namely Bahrain, Belgium, Botswana, Brazil, Cambodia, Canada, Chile, Egypt, France, Greece, India, Indonesia, Iraq, Japan, Jordan, Kenya, Kuwait, Lebanon, Libya, Malaysia, Mauritania, Mauritius, Morocco, Nigeria, Palestine, Qatar, Romania, Saudi Arabia, South Africa, Spain, Sri Lanka, Sweden, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States of America, Viet Nam, Yemen, and Zimbabwe.
To watch the full webinar kindly visit:
https://www.youtube.com/watch?v=j0t-Ys3_RwM&feature=youtu.be