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
CRCICA Broadcasted its First Series of Webinars on “Mediation in a Changing World”: The Future of Mediation to Resolve Post-Pandemic Disputes
On 6 July 2020, CRCICA broadcasted its first series of webinars "Mediation in a Changing World" on “The Future of Mediation to Resolve Post-Pandemic Disputes”. Dr. Ismail Selim, CRCICA’s Director, delivered the opening speech and introduced the speaker Dr. Emad Hussein, Fellow of the Chartered Institute of Arbitrators, and International Commercial Arbitrator.
Dr. Emad outlined the means and solutions of “convention justice” platforms, the mediation system against the challenges of alternative cultures, Singapore Convention on Mediation, latest global trends in mediation, and the future of digital mediation and “the new normal”.
Discussion with participants focused on the conflicts likely to arise due to the pandemic, why mediation is more effective in the settlement of disputes, and the types of mediation. At the end, Dr. Emad extended his thanks and appreciation for CRCICA’s team members. The webinar was attended by 252, representing various business sectors, and 1,400 views on social media platforms from Algeria, Bahrain, Canada, Egypt, Iraq, Jordan, Kuwait, Lebanon, Malaysia, Morocco, Omran, Palestine, Saudi Arabia, South Sudan, Switzerland, Tunisia, Turkey, United Arab Emirates, United Kingdom, United States of America, and Yemen.
To watch the full webinar kindly visit:
https://www.facebook.com/303259653039923/videos/280077083087153/
CRCICA Mediation Webinar “Mediation as a Means of Resolving Disputes in Times of Crisis”
On 17 June 2020, CRCICA organized a webinar titled “Mediation as a Means for Dispute Resolution in Times of Crisis” with more than 500 registered participants and 1,700 views on CRCICA’s various social media platforms. The speaker was Mr. Fehmi Karami, Mediator, International Arbitrator and Trainer on Mediation (Lebanon). Ms. Fatma Ibrahim, Mediation Special Advisor at CRCICA was the moderator and Dr. Ismail Selim, CRCICA’s Director, delivered the opening speech. Dr. Selim highlighted the importance and privileges of mediation, inter alia, saving time and providing cost-effective solutions.
Mr. Karami focused on mediation as an alternative and amicable dispute resolution process where parties resort to a neutral third party (the mediator) to assist in reaching a win-win solution. He also shed light on types of mediation, the selection of the mediator, the role of the mediator in seeking how each party achieve its goals. Finally, Mr. Karami drew attention to the important role of some Arab and international institutions in promoting mediation including the CRCICA as one of the most qualified centers for training on mediation.
Update on the Prevention Principle in UK Law: Is There a Role for Good Faith?
On 25 February 2020, the CIArb Egypt Branch jointly with CRCICA organized a seminar titled: “Update on the Prevention Principle in UK Law: Is There a Role for Good Faith?” The speaker was Mr. David Christie, Academic Strategic Lead at the Law School,Robert Gordon University, Aberdeen, UK, and Chair of the Northern Chapter of the Scottish Branch of the CIArb. The seminar was moderated by Dr. Waleed El Nemr, Contracts Director, Hill International (Africa) Ltd, Vice Chairman & Education and Training Officer, CIArb (Egypt Branch).
The speaker focused on the differences between the jurisdictions of England-Wales and Scotland and approached as well the interesting topic of concurrent delays. Interactive discussions followed the speech outlining concepts such as “time at large” and the often-debatable topic of time bar clauses in the UK and Egyptian jurisdictions. Participants were from Egypt, Iraq and Japan represented law firms, private and public sector companies (construction in particular), and academics.
