In this edition
 
The New CRCICA Arbitration Rules in Practice
 
CRCICA's recent caseload: more international cases, richer variety of disputed contracts and wider outreach
 
Institutional Mediation on the Rise
 
CRCICA Mediation Trainers play a regional role
 
CRCICA Surveying the Market
 
Events Update
 
Inter-Arab Investments Boom in Cairo
10-11 October 2011
 
CRCICA four-Module Arbitration Program launched,
May
-December 2011
 
ABA / CRCICA CLE Training for Young Lawyers in Egypt:
Three years of success
 
Recently Published
 
Arbitral Awards (Volume III)
 
The Journal of Arab Arbitration, Volumes 16 and 17
 
CRCICA Featured in China-Africa Dispute Settlement
 
Introduction to the GAR European and Middle Eastern Arbitration Review 2012
 
International Bar Association (IBA) Arbitration Newsletter
 
International Contributions
 
50th Session of the Asian-African Legal Consultative Organization (AALCO), 27 June, 1st July 2011, Colombo, Sri Lanka
 
The Investing Across Borders (IAB) Expert Group ADR survey
 
The ASA/MIDS Role of Arbitration Institutions Research Study
 
IBA Working Group on Rules for Investor-State Mediation
 
International Bar Association Annual Conference, 30 October - 4 November 2011, Dubai, UAE
 
CRCICA's Director among the new international appointments to the SCC Board
 
Save the Dates !
 
28 APRIL 2012,
The Third official Meeting of the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED), Cairo, Egypt.
 
29 APRIL 2012,
The Independence and Impartiality of Arbitrators Conference, to be held on the occasion of the Third ISPRAMED meeting, Cairo, Egypt
 
March 2012
CRCICA Four-Module Arbitration Program Round 2012
 
November 2012,
Sharm El Sheikh IV:
The Role of State Courts in Arbitration, Sharm El Sheikh, Egypt

The New CRCICA Arbitration Rules in Practice

The new CRCICA Arbitration Rules ("Rules") have entered into force since March 1st, 2011 and already have applied to arbitral proceedings commencing after this date.

The Rules serve four basic purposes. First, they guarantee collegial decision-making with respect to several vital procedural matters, including the rejection of appointment, as well as the removal and the challenge of arbitrators. Second, they seek to modernize CRCICA's arbitration rules and to promote greater efficiency in arbitral proceedings. Third, they fill in a few holes that have become apparent over the years. Finally, they adjust the original tables of costs to ensure more transparency in the determination of the arbitrators' fees.
read more

CRCICA's recent caseload: more international cases, richer variety of disputed contracts and wider outreach

The total number of arbitration cases filed before CRCICA until the end of 2011 was 792 cases. In 2011, 66 new arbitration cases were filed before CRCICA, including 19 international cases against 16 cases in 2010, scoring as such a 19 per cent annual increase in international cases.
CRCICA's 2011 caseload involved disputes relating to construction, supply, media and entertainment, sale and purchase of shares, telecommunications, subcontracting agreements, agency agreements, consultancy agreements, escrow agencies, hotel management, payment of corporate debts, international sale of goods, shareholders' agreements, real estate, mergers and acquisitions, attorneys' fees, promissory notes, gas supply, food catering agreements, import of liquid commercial butane, Islamic finance, lease of construction equipment, management of financial portfolios, management of restaurants, mining and exploration concessions, privatization, services, sports-related and turnkey construction.
read more

Institutional Mediation on the Rise

As part of its ongoing project with IFC, CRCICA is currently working on refining its mediation services through the Centre for Effective Dispute Resolution (CEDR), one of the world's most renowned mediation training institutions. This involves the revision of CRCICA Mediation Rules in effect since 2001, establishment of a mediation case management system, as well as a CRCICA pool of trainers that are able to provide first-class mediation training in Egypt and the region.
A boosting start of this very promising institutionalization scheme was the CEDR Mediation Master Training CRCICA and IFC offered on December 15-17, 2011. This Course targeted selected group of candidates who were accredited as mediators upon successful completion of two CEDR training rounds in May 2010. The group of trainers is diverse, covering the legal, engineering and consulting professions, and includes a Lebanese participant.

CRCICA Mediation Trainers play a regional role

One of the main objectives of CRCICA's collaboration with IFC is to promote Egypt as a regional hub for commercial mediation training and to strengthen the mediation culture and demand necessary to support a regional ADR initiative.
The start of the regional collaboration took place in Sharm El Sheikh through the first-regional-accredited mediation training organized by IFC in partnership with Switzerland's State Secretariat for Economic Affairs (SECO) from 14-20 January 2012. This training was attended by key representatives of IFC's clients from the judiciary and the private sector from Egypt, Lebanon and Morocco, including CRCICA, in an effort to establish a regional platform for the exchange of best practices and consolidation of lessons learned in the field of ADR. The participants provided daily feedback on the quality and delivery of training through interpretation, in order for the training provider and interpreters to refine it for subsequent rounds. This training was shadowed by CRCICA trainers, as part of their training, in order for them to start delivering mediation training with CEDR. A number of these trainers is currently delivering with CEDR a commercial mediation training in Beirut. The other trainers are expected to deliver a mediation with CEDR judicial mediation training in Morocco.
CRCICA trainers are currently playing an instrumental role in reviewing the Arabic material to ensure it is up to the required standard and taking note of the regional differences that were observed during the pilot training.

CRCICA Surveying the Market

In an ambitious plan to expand its institutional services, CRCICA adopts a market research policy that involves field visits, discussion forums and a users’ survey meant to inspect the market and generate professional feedback on the prospective of the use of Arbitration and ADR in general and CRCICA’s institutional services in particular.
Elementary findings show that CRCICA is dominating the institutional scene in most of the practice profiles of the participating firms. In 50% of them, CRCICA arbitrations represent more than two thirds of other international institutional arbitrations. The remaining quota equally varies between exclusive presence of CRCICA, equal proportion between CRCICA and other institutions or scale withdrawal of CRCICA to one third of the total number of institutional arbitrations.
read more

Events Update
Pan Regi
Inter-Arab Investments Boom in Cairo
10-11 October 2011

The Arab Parliament, the Arab Union of International Arbitration (AUIA), CRCICA and the Arab Investors Union organized a pan regional conference on Inter-Arab Investments and related disputes on 10-11 October 2011 in Cairo, Egypt. Held under the auspices of H.E. Dr. Nabil Elaraby, the Secretary-General of the League of Arab States and the Chairman of CRCICA's Board of Trustees, the Conference provided a regional forum for Arab investors, jurists and parliamentarians to explore common challenges and share views on inter-Arab investments in a politically and economically changing environment and the challenges they unfold.
Through six successive working sessions, 40 Arab speakers tackled the legal and economic environment of inter-Arab investments. It is noteworthy that the remarkable participation of eminent Arab businessmen helped in defining common obstacles likely to hinder the flow of investments among the Arab States. read more

CRCICA four-Module Arbitration Program launched,
May – December 2011

CRCICA launched a progressive educational 'ladder' of four successive courses covering the main arbitration stages being the drafting of the arbitration agreement, the composition of the arbitral tribunal, the arbitral proceedings and finally the writing of the arbitral award. The program, in its four modules, is intended to provide the ideal platform to underpin and support the development of professional experience in arbitration. The initiative is developed in cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb). Volunteering tutors for the 2011 round are Dr. Mohamed Abdel Raouf, CRCICA Director, and Dr. Mohamed S. Abdel Wahab, Vice President of the Cairo Branch of the CIArb. What is unique about the tutorial methodology of these courses is that the two tutors have both Common Law and Civl Law backgrounds and they lectured together instead of separately to give participants a wide interactive legal exposure. read more

ABA / CRCICA CLE Training for Young Lawyers in Egypt:
Three years of success

Since January 2009, the American Bar Association Rule of Law Initiative (ABA ROLI) and CRCICA have partnered to provide Continuing Legal Education (CLE) for young lawyers in Egypt. The CLE programs seek to bridge the gap between the participants' formal legal training and their needs as practitioners. Over three years, a number of basic training courses were held, the last of which lasted from 18 September until 20 October 2011. The goal of this course was to develop the participants' basic practical skills in legal analysis, oral advocacy, negotiation, drafting of contracts and legal memoranda.
As the project completed its third year, the first Advanced CLE course has been introduced on 18 December 2011 to last until 18 January 2012. The course covers negotiation, lawyering skills and contract drafting on a broader scale than the basic course.

Recently Published
Arbitral Awards (Volume III)
 

In September 2011, the Centre published the third Volume of Arbitral Awards prepared in Arabic by Dr. Mohi-Eldin Alam Eldin, CRCICA's Senior Legal Advisor. Issued in almost 500 pages, the Book is a classified compilation of 17 final and interim Arbitral Awards rendered under the auspices of CRCICA. This involves different types of contracts being transfer of technology, sale of securities, supply of furniture and drainage pipelines, interpretation of the convention of investment of Arab funds, transport of contaminated oil, contract for construction and maintenance, contract for paving public roads, hotel management, fund replacement and time-sharing. In certain cases, there are expert commentaries on awards. Quite aware of the relative shortage of Arabic literature on arbitral awards, CRCICA will keep up with publishing its own awards on regular basis, without, of course, disclosing the identities or nationalities of the concerned parties.

The Journal of Arab Arbitration, Volumes 16 and 17

In 2011, CRCICA has issued Volumes 16 and 17 of the Journal of Arab Arbitration. Volume 16 includes various important articles on arbitration. The Volume also provides a unique documentation of the most recent court decisions and arbitral principles in many jurisdictions with commentaries on some of them. Volume 17 has also been issued and features some selected papers presented to the Inter-Arab Investments Conference held on 10-12 October 2011, in Cairo/Egypt, very interesting articles relating to the enforcement of foreign arbitral awards in Egypt, the settlement of disputes arising out of construction and infrastructure projects and the judicial review of arbitration in Sudan.

 


CRCICA Featured in China-Africa Dispute Settlement

China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration is a 2012 Wolters Kluwer Publication by Won Kidane that provides comparative analysis of the dispute resolution methods available at the major arbitral European, American, Asian and African institutions, including the CRCICA.
In an introductory estimation of the Centre's performance, the author believes that the Cairo Centre is tooled with "elaborate infrastructure" to provide arbitration and other ADR services under its own arbitration and ADR Rules. The book adopts a comparative approach towards the basic features of the various international institutional arbitration rules. On handling the degree of the impartiality of arbitrators in the centres under examination, it was pointed out that "the Cairo Center Rules as to arbitrators appointment, impartiality and independence are more elaborate than usual, with a total of nine provisions dedicated to this issue".
Focusing on China-Africa dispute settlement, which is the main theme of the Book, the Rules and practices of the Cairo Centre are seen to be reasonably operable: "more interestingly, 11% of the cases filed (during the reported period) involved at least one Chinese party, which is second only to parties from Germany".

Introduction to
the GAR European and Middle Eastern Arbitration Review 2012

One of the GAR's significant 2012 publications is the European and Middle Eastern Arbitration Review, a compilation of articles on arbitration from all over the two regions. CRCICA's Director drafted the introduction to this edition of the Review, which provides an overview of recent developments in arbitration in the Middle East area touching on case law, institutional developments and legislative/ rule changes as well as the impact of the Arab Spring. 

International Bar Association (IBA) Arbitration Newsletter

CRCICA's Director contributed to the IBA Arbitration Newsletter (Vol. 16, September 2011) with an article on the Salient Features of the new CRCICA Arbitration Rules in force as from 1 March 2011. The Article provides a comprehensive guidance to the New Rules, which are based on the new UNCITRAL Arbitration Rules, as revised in 2010, with minor modifications emanating mainly from the Centre's role as an arbitral institution and an appointing authority.

International Contributions
50th Session of the Asian-African Legal Consultative Organization (AALCO), 27 June, 1st July 2011, Colombo, Sri Lanka

CRCICA's Director attended the 50th Session of the AALCO, CRCICA parent-institution, which was held on 27 June – 1st July 2011 in Colombo, Sri Lanka. During the Session, CRCICA's Annual Report was presented and there was wide institutional networking between CRCICA and its sister-institutions, namely, Kuala Lumpur Regional Arbitration Centre and Lagos Arbitration Centre.

The Investing Across Borders (IAB) Expert Group ADR survey

Investing Across Borders / World Bank Group (IAB) has launched an ADR survey as a step to release quantitative indicators on the practice of ADR in 105 economies. The study focuses on ADR regulatory and institution framework, the ease of the arbitral process, the extent of judicial assistance in the contributing countries. The survey was prepared with advice from 30 experts from all around the world, including CRCICA's Director. The results from the IAB survey are expected to be released by the end of 2012.

The ASA/MIDS Role of Arbitration Institutions Research Study

CRCICA contributed to The Role of Arbitration Institutions Research Study jointly conducted by the Swiss Arbitration Association (ASA) and the Geneva Master program in International Dispute Settlement (MIDS). The study focuses on how arbitral institutions are organized, how they deal with appointments, challenges and replacements, and what tools the institutions use in order to promote the efficiency of the proceedings. The findings were presented and discussed by leading arbitration specialists at a conference in Zurich on 9 September 2011.

IBA Working Group on Rules for Investor-State Mediation  

Since being established in January 2008, the IBA State Mediation Subcommittee has explored the reasons why investor-state mediation is not more prevalent. The Subcommittee's findings stress that it is important for rules to reflect the specific context of investor-state disputes and that the one set of existing rules specifically drafted for that context (the ICSID conciliation rules) is insufficiently flexible and that, while other rules exist that are flexible, they are not drafted with the investor-state context in mind.
For this reason, the Subcommittee formed an IBA working Group on Rules for Investor-State Mediation and CRCICA's Director was invited to join in. Composed of about 40 international experts, the Working Group prepared consolidated Draft Rules in October 2011, due to be finalized in 2012. read more

International Bar Association Annual Conference, 30 October – 4 November 2011, Dubai, UAE

CRCICA participated in the IBA Annual Conference which was held on 30 October – 4 November 2011 in Dubai, United Arab Emirates. CRCICA's Director contributed to the session entitled "Hot topics in ethics" by handling "the ethical guidelines for counsel in international arbitration: needed? feasible? who should promulgate?" Also, Laila El Shentenawi, Legal Advisor and a founding member of CRCICA's Young Arbitration Practitioners Forum-YAPF, represented the Centre at the IBA Young Lawyers Seminar, which was held on the sidelines of the Conference.

CRCICA's Director among the new international appointments to the SCC board

CRCICA's Director has recently joined the Board of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The SCC Board has welcomed five other new board members from Russia, Germany, Switzerland, the UK and Sweden.
The new appointments continue a tradition that began in 2006, when the SCC Board announced it would include members from outside Sweden for the first time.
SCC Board members are appointed by the Board of Directors of the SCC for a three-year period and are eligible for reappointment for a further three years. The SCC Board consists of a chair, two to three vice chairs and a maximum of 12 additional members.
The Board plays a key role in administering SCC arbitrations, including deciding on prima facie jurisdiction, arbitrator appointments, challenges to arbitrators and arbitration costs.
 


Save the Dates !
28 APRIL 2012,
The Third official Meeting of the Institute for the Promotion of Arbitration and Mediation in the Mediterranean (ISPRAMED), Cairo, Egypt

It is agreed that the Third Official ISPRAMED Meeting will be held in Cairo to discuss possible future Mediterranean cooperation. ISPRAMED supports the growth and consolidation of Mediterranean arbitral centres. Such initiative is developed through the creation of a Network among the said institutions in order to define common principles for the administration of arbitral procedures. ISPRAMED's Network encompasses currently the following centres: the Centre for Arbitration Mediation and Conciliation of the Algerian Chamber of Commerce and Industry, the Cairo Regional Centre for International Commercial Arbitration, the Arbitration Court of Morocco, the Milan Chamber of Arbitration, the Tunis Mediation and Arbitration Centre and the Arbitration Centre of the Istanbul Chamber of Commerce.

 
29 APRIL 2012,
The Independence and Impartiality of Arbitrators: Mediterranean Perspective Conference, to be held on the occasion of the Third ISPRAMED meeting, Cairo, Egypt

This event tracks on parallel lines with one of ISPRAMED's working priorities which is the theme of the independence and impartiality of arbitrators. Centres of the Network have been comparing their practices to evaluate the possibility of issuing a joint declaration of independence and a common Code of Ethics. The Cairo Event will be instrumental in furthering institutional cooperation in this concern.

March 2012,
CRCICA Four-Module Arbitration Program Round 2012

The 2012 Round of CRCICA four-phased progressive educational ladder will be held separately starting March 2012. The first course will tackle the drafting of the arbitration agreement to be followed by the composition of the arbitral tribunal course, the arbitral proceedings and finally the writing of the arbitral award courses. This Program, in its four courses, is developed in cooperation with the Cairo Branch of the Chartered Institute of Arbitrators (CIArb).

November 2012,
Sharm El Sheikh IV:
The Role of State Courts in Arbitration, Sharm El Sheikh, Egypt

Sharm El Sheik IV is the fourth in the only international series of conferences organized biennially since 2005 on the renovating relation between state courts and arbitration in a cross-cultural context. CRCICA Partners in the Sharm El Sheikh Conferences are the United Nations Commission on International Trade Law (UNCITRAL), the International Federation of Commercial Arbitration Institutions (IFCAI), and the Arab Union for International Arbitration (AUIA).
Currently, CRCICA works on a comparative survey on the role of Arab state courts in arbitration. The scope of the study is regional and all findings will be announced in Sharm El Sheikh IV 2012.

Cairo Regional Centre for International Commercial Arbitration
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