On 8 October 2015, Mr. Tewfik Shihata, Principal, SHEHATA, Attorneys at Law, delivered a speech entitled "Reflections on CRCICA Practice Notes", in which he commented on CRCICA's Practice Notes, issued in June 2014, out of a practitioner's perspective. Attended by a variety of professionals, the speech was followed by a CRCICA commentary and lively discussions.
It is notable that CRCICA Practice Notes govern the discretional role of the Centre as well as its policies regarding eight important decisions under CRCICA's Arbitration Rules including the application of Article 10(3) of the Rules regarding multiparty arbitrations and its correlation with Article 9(2); the Centre's decision not to proceed with arbitral proceedings (Article 6); the termination of already suspended arbitral proceedings, the determination of the costs of arbitration in case of the termination of proceedings before the issuance of a final award. The Practice Notes are available in Arabic and English on CRCICA's website at the following link:
CRCICA Practice Notes JUNE 2014 (English version) CRCICA Practice Notes JUNE 2014 (Arabic version)
Distinction between Facilitative and Evaluative Mediations: Which is More Appropriate?
Sep 30 2015
On 30 September 2015, a Mediation Breakfast Seminar titled "Distinction between Facilitative and Evaluative Mediations: Which is more appropriate?" was delivered by Ms. Fatma Ibrahim, Operations Officer (World Bank Group); accredited mediator and mediation trainer. Ms. Ibrahim defined the different types of mediation, shed light on the historical evolution of mediation techniques, and provided tools with the attendees to assess the appropriateness of which method to be used. The seminar was delivered in an interactive format, and was attended by representatives of many professional sectors and stakeholders.
Investment Climate in Egypt out of a Legal Perspective
Sep 09 2015
On 9 September 2015, Dr. Ziad Bahaa El Din delivered an interesting Seminar entitled “Investment Climate in Egypt out of a Legal Perspective”.
The Seminar highlighted the importance of creating sound legal climate for private investments, national and international alike, for a better future in Egypt. After displaying the history of governmental actions in this concern over the past decade, the Lecturer provided analytic reflections on the legislative reform still direly required in investment related laws in Egypt and the role they are envisaged to play in transcending the current economic crisis and raising the level of living for Egyptians.
Attended by a variety of professionals, the Seminar was well received for the perfect balance it stroke between law and economy.
Dr. Bahaa El Din is Lawyer and Legal Expert in the fields of economy, investment and finance. He is Of Counsel at Zaki Hashem and Partners and Former Deputy Prime Minister of Egypt for Economic Development and Minister of International Cooperation.
On 11 June, Hon. Judge Louise Otis delivered a lecture on “The Future of International Mediation”. Hon. Otis is an international civil and commercial mediator and arbitrator and a retired Justice of the Quebec Court of Appeal where she spearheaded the introduction of judicial mediation. Out of this stance, the speaker introduced the emergence of judicial mediation twenty years ago when she first implemented a pilot program of judicial mediation in Quebec. The experience turned to be a great success and since that time Quebec has had a leading and powerful judge-led mediation system.
Focusing on the future of international mediation, Hon. Judge Otis opined that the future will witness radical improvements in the effectiveness of mediation. The most important aspect, according to her is the effective combination of mediation and arbitration which comes either consecutively or in parallel. They may be also combined through hybrid forms of ADR, such as Med-Arb where the “neutral” partly acts as an arbitrator, and partly as a mediator. The perspectives of the future as well as the leading Canadian experience in developing a fully integrated judicial system aroused various contemplations and questions from the floor.
Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?
Jun 10 2015
On 10 June 2015, building on the success of the Role of the Legal Advisor in Construction Mediation Seminar, Eng. Nadar delivered another construction focused lecture entitled “Construction Contracts, Risk and Disputes: Can Mediation Play a Positive Role?”. The lecture categorized the scope of risks involved in construction projects as falling into six types; technical, logistical, construction, financial, political and country risks. The risk allocation concept and mechanism were then analyzed based on the motto that Contract is the risk allocation tool. The spectrum of settlement techniques available for construction disputes were displayed with special emphasis on mediation. The seminar was concluded by lively discussions between the lecturer and the audience.