Past Events

On April 2, 2014, Prof. Nader M. Ibrahim, LL.D., Arab Academy for Science Technology and Maritime Transport, delivered a lecture on "Judicial Review of the absence of the award signature by the minority of the arbitral tribunal". Prof. Ibrahim analyzed the actual application of Article 43(1) of the Egyptian Arbitration Act No. 27 of 1994, which requires the majority of the arbitral tribunal to provide the reasons for the absence of award signature by the minority. Based on recent Egyptian Cassation Court decisions (namely that of: Feb. 9, 2010 and June 11, 2012), the lecturer reached the conclusion that the Egyptian Cassation Court follows an attenuated line of interpretation that focuses on the reason underpinning the legal requirement of justifying the minority's refusal to sign the award, and which the Court sums up in the safeguard of the deliberations, leading to actual non-requirement of the said justification as long as deliberations between all members of the Tribunal have taken place. This line of case-law is supportive to arbitration, but is considered too much liberal by the lecturer, who calls upon the courts of Appeal and Cassation to require actual explanation for the absence of the signature by the minority, especially as to whether the minority was given the opportunity to participate in the deliberations, as well as the valid formation of the tribunal at the time of the award making. The lecture was attended by members of law firms, mass media sector, investment and construction companies, international organizations, state courts, administrative prosecution, industrial corporations and holding companies.  

The March Breakfast Seminar of the year, "The Role of Lawyers in Mediation", was delivered by Dr. Mohamed S. Abdel Wahab, Founding Partner and Head of the International Arbitration and Project Finance Groups, Zulficar & Partners; CEDR Accredited Mediator; and Professor of Private International Law and Dispute Resolution, Faculty of Law - Cairo University. The lecture was divided in four phases starting by presenting the facts and priorities in mediation then analyzing lawyers' receptivity of mediation which develops from a state of reluctance ("medio-phobic lawyers") to a state of acceptance in the international level. The Speaker explained the role of the lawyer throughout the mediation process, which does not only cover the mediation phase, but also the preparation for mediation and the review/drafting of the settlement agreement. The Speaker demonstrated, by reference to international statistics, that mediation can indeed be a lucrative profession for lawyers, and invited lawyers, in conclusion, to embrace mediation as a constantly rising ADR technique and to accept it as a revolutionary legal change. The majority of participants were in-house counsels of both public and private companies in different fields including steel industry, construction, petrochemicals industry, telecommunications, mass media and petroleum. A number of private lawyers were also in attendance as well as representatives of the administrative prosecution.  

On 5 March 2014, Dr. Khaled El Shalakany, the Managing Partner of Shalakany Law Office, delivered a lecture on "Blending Mediation and Arbitration". Being of an increasing importance, the topic attracted a big number of attendees from different backgrounds.  

The first Mediation Breakfast Seminar was delivered by Fatma Ibrahim, Operations Officer, International Finance Corporation (Middle East and North Africa). The seminar focused on the role of mediator, as opposed to arbitrators and judges, in assisting parties in dispute reach amicable settlement, rather than imposing a decision on them. The lecturer expounded on the flexible nature of the mediation process, where the mediator focuses on all sides of the dispute (commercial, emotional, and legal), in contrast to adjudicative systems that focus solely on the legal side of the dispute. Ms. Ibrahim also demonstrated how the mediator explores with the parties the issues in dispute, restores communication between the parties, and assists them explore different and creative solutions to their dispute. Participants represented an interesting diversity of professions. Beside lawyers and arbitrators, there were representatives of many business sectors such as real state, construction, investment, management of projects and information technology sectors. Federation of agricultural engineers, state lawsuit authority and centres for economic studies.

On 5 February 2014, Prof. Dr. Mahmoud Samir El Sharkawy, International Lawyer and Arbitrator; Former Dean, Faculty of Law, Cairo University, delivered a lecture on "Critical Issues Related to the Arbitration Agreement and the Composition of the Arbitral Tribunal in International Commercial Arbitration". By the attendance of a considerable number of in-house counsels, the lecture stimulated lively discussions.