Seminar on: Unilateral Termination by the Government of its Contracts and the Consequences on International Arbitration
On 2 October 2019, the CIArb Egypt Branch organized jointly with CRCICA a seminar titled “Unilateral Termination by the Government of its Contracts and the Consequences on International Arbitration - With a reference to the Prime Minister's decree No. 1062 / 2019, establishing the Supreme Committee for Studying and Opining on International Arbitration cases”. The speaker was Prof. Dr. Abdel-Moneem Zamzam, Professor of Private International Law, Faculty of Law, Cairo University, and Attorney before the Court of Cassation. The seminar was moderated by Ambassador Mohamed Mustafa Kamal, Former Assistant to the Minister of Foreign Affairs, Attorney at Law, MCIArb, and Member of the Egypt Branch Committee.
Prof. Dr. Zamzam focused on the alarming consequences of the unilateral termination by the government of its contracts resulting in increasing the unbearable compensations incurred by Egypt since the accession to ICSID in 1972. Two reasons were highlighted by Prof. Dr. Zamzam namely: the termination of investments’ contracts by unilateral acts of the state and the selection of inefficient legal counsels lacking the technical skills of conducting arbitrations. He concluded that a technical committee should be established for studying the state contracts and proposing the appropriate amicable ADR mechanisms maintaining the rights of the state.
110 professionals attended the Seminar from Egypt and Libya representing the following business sectors: construction, financial investment, banking, telecommunications, transportation, electricity, gas and petroleum. Other participants were from the Ministry of Investment and International Cooperation and the Ministry of education as well as academics from Cairo University, Ain Shams University, and Alexandria University. Members of law firms, the Egyptian judiciary, and the European Union Delegation to Egypt were also among participants. Attendees showed keen interest in the subject and the speech was followed by lively discussions.
CRCICA hosts Professor Georges Abi Saab in a Seminar on: “Some ethical problems faced by a party appointed arbitrator in investment arbitrations” on 10 April 2019
On 10 April 2019, CRCICA organized a seminar on “Some ethical problems faced by a party appointed arbitrator in investment arbitrations”. The speaker was Prof. Dr. Georges Abi Saab, Honorary Professor of International Law at the Graduate Institute of International Studies (Geneva), Former Member and President of the Appellate Body, World Trade Organization (WTO), and Member of CRCICA’s Board of Trustees. The seminar was moderated by CRCICA’s Director Dr. Ismail Selim.
Professor Abi Saab addressed controversial issues related to the independence and impartiality of arbitrators in investment arbitrations, including issue conflict, repeat appointments, and proposals to abolish the appointments of arbitrators by the parties. He highlighted the fundamental importance of impartiality in investor-state arbitrations because the state, party to these cases, represents the public interest.
The event was attended by 131 participants from Egypt, Guinea, and Sudan. Participants were members of law firms, the Egyptian Lawsuit Authority, Egyptian State Council and professors at Cairo University, Helwan University, Beni-Sweif University, Assiut University and the American University in Cairo. Other participants were from of the Ministry of Culture, GAFI, and the banking and gas sectors.
Seminar on: Contract Interpretation in International Arbitration – Is There A Common Law/Civil Law Divide of Real Significance?
On 1 April 2019, the CIArb Egypt Branch organized jointly with CRCICA a seminar titled “Contract Interpretation in International Arbitration - Is There A Common Law/Civil Law Divide of Real Significance?” The speaker was Dr. Lawrence Shore, Partner and Team Leader of the International Arbitration Focus Team, BonelliErede, Italy, and Former Vice Chair of the Executive Committee of the Institute for Transnational Arbitration. The seminar was moderated by the Branch Vice-Chairman Dr. Ismail Selim. Dr. Shore focused on four main points: text v. context in contract interpretation, English and US contract law compared, English/American compared to French contract law and why the applicable law does matter in arbitration. More than 110 professionals attended the Seminar from Egypt and Switzerland representing the following business sectors: engineering, contract engineering, construction, as well as members of law firms, State Council, Administrative Prosecution Authority, and universities (Cairo University, Beni Suef University, Helwan University, German University in Cairo, and Azhar University). Interactive discussions followed the presentation.
Young CRCICA Forum Launch Event: The New Frontiers of Arbitrability: Expansion and Diversity
On 27 March 2019, CRCICA organized the Young CRCICA Forum Launch Event: “The New frontiers of Arbitrability: Expansion and Diversity”. The event was sponsored exclusively by Shahid Law Firm. The Young CRCICA Forum’s Chairperson is Ms. Amani Khalifa, Principal, Khalifa Associates Law Firm, its Vice Chairperson is Dr. Mohamed Hafez, Counsel and Legal Advisor to the Director, CRCICA, and Vice Chairperson Mr. Abdallah El Shehaby, Partner, Rizkana & Partners (Egypt), and Vice-Chairman, Young CRCICA. Similar to youth forums of other international arbitral institutions, Young CRCICA aims to aid the younger generations the chance to develop their skills, gain knowledge, network with experienced practitioners, and understand arbitral procedure and other dispute resolution services.
The Forum witnessed CRCICA’s singing of two cooperation agreements with the Faculty of Law, British University in Egypt (“BUE”) and the Faculty of Law, Cairo University. Dr. Ismail Selim signed the agreements on behalf of CRCICA, Prof. Hassan Abdel Hamid, Dean of BUE, and Prof. Sabry El Senousy, Dean of the Faculty of Law, Cairo University signed it on behalf of their respective faculties. The agreements provide for cooperation in the field of arbitration, holding training programs, and exchanging experience and research.
Dr. Ismail Selim delivered the keynote speech, focusing on CRCICA’s role in supporting and training young arbitration practitioners. He also addressed the topic of the Seminar, highlighting the importance of arbitrability and public policy and the debates surrounding these two notions.
The event was divided into two sessions: “Arbitrability” moderated by Mr. Abdallah El Shehaby and “Public Policy” moderated by Dr. Mohamed Hafez. Both moderators addressed a series of questions whereby the panelists of each session provided their answers. Participants were also invited to interact and provide questions and comments.
The Forum was followed by a cocktail dinner where the participants were invited to join for social networking. The event was well attended by about 115 attendees from Egypt, France, Syria, Ethiopia and KSA. They were young legal practitioners, judges, academics, university students, engineers as well as representatives of the banking and insurance sectors.
ABA/CRCICA Seminar: “How to Break into Arbitration”
On 23 March 2019, CRCICA organized a Seminar on “How to Break into Arbitration”. The tutors were Mr. Amr Omran, Associate at Freshfields Bruckhaus Deringer and a Member of the Firm’s International Arbitration Group in Dubai, and Ms. Salma El Baz, Senior Associate at Rizkana & Partners. The Seminar discussed possible means for young generations to access the domestic and international arbitration field. It also shed light on the skills of junior associates in arbitration practices and how to raise their profile through networking, young arbitration groups and other opportunities. The event was concluded by a questions and answers session and was attended by young legal practitioners and contract engineers.
