Lex Mundi Global Arbitration Institutions Guide |
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Egypt |
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(Africa)
Firm
Shalakany Law Office
Contributors
Khaled El Shalakany |
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| Name of Arbitral Institution; with abbreviation, if any. | Cairo Regional Center for International Commercial Arbitration. |
| Where is the seat of the Arbitral Institution? | Cairo, Egypt |
| Is there an umbrella organization for the Arbitral Institution? | No, the Cairo Regional Center is an international independent organization. |
| How is the Arbitral Institution structured? | There are case managers that act like the ICC Secretariat, there is a Board of Trustees, an Advisory Committee and a Managing Director. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No, the Parties are not obliged to choose from a list. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | Yes, the parties are free to choose the place of arbitration. The default is Cairo, Egypt. |
| What is the amount of the registration fee? | USD 500 |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | USD 20000 (twenty thousand US Dollars) |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | USD 300,000 (three hundred thousand US Dollars) |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | USD 600,000 (six hundred thousand US Dollars) |
| Who pays advances on costs? What happens in the event of default? | Both parties should pay in equal shares. In case of default the Claimant is obliged to pay for both parties, otherwise, the proceedings are suspended. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Yes, based closely on the UNCITRAL rules of arbitration. Mandatory provisions of the Egyptian arbitration law need to be followed if the seat of arbitration is in Egypt. |
| Which languages can be used for communication with the Arbitral Institution? | The parties are free to choose the language of arbitration. This determines the language of communication with the Institution. Arabic or English. |
| Who is the main point of contact for the parties within the Arbitral Institution? | A case manager appointed by the Institution. |
| Are there restrictions on the language that the arbitration may be conducted in? | No restrictions. |
| Who appoints substitute arbitrators? | The party initially making the appointment, failing which the Institution. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes there are rules specific for multi-party arbitrations. There are no specific rules for joinder. |
| Are oral hearings compulsory? | No. |
| What are common evidence-taking practices? | The rules are quite flexible. In major international arbitrations the IBA rules are customarily referred to. |
| What is the average duration of arbitration proceedings? | For uncomplicated cases usually 1 to 1.5 years. For complex disputes 2 - 3 years. |
| What is the timeframe for rendering the award? | No restriction under the rules. The Egyptian arbitration law, if applicable, would impose a restriction of 18 months, but this has been ruled to be inapplicable to arbitrations subject to the rules of the Institution (CRCICA) |
| Are extensions to time limits permissible? | There are no regulatory limits. If the parties have set a limit, extensions must be by mutual agreement. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Yes if the parties have granted it these powers. There is a competing competency of domestic courts. |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | No. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
| Do costs necessarily follow the event? | Generally in international commercial arbitrations, costs do follow the event. The rules grant tribunals broad discretion in awarding costs. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, awards can be annulled. Basically for procedural irregularities and for breach of the domestic public order. |
| Link to institutional rules | The rules are based on the UNCITRAL rules (but are not identical) |
| Link to model clause | See 27 above |
Lex Mundi Global Arbitration Institutions Guide
Cairo Regional Center for International Commercial Arbitration.
Cairo, Egypt
No, the Cairo Regional Center is an international independent organization.
There are case managers that act like the ICC Secretariat, there is a Board of Trustees, an Advisory Committee and a Managing Director.
No, the Parties are not obliged to choose from a list.
Yes, the parties are free to choose the place of arbitration. The default is Cairo, Egypt.
USD 500
USD 20000 (twenty thousand US Dollars)
USD 300,000 (three hundred thousand US Dollars)
USD 600,000 (six hundred thousand US Dollars)
Both parties should pay in equal shares. In case of default the Claimant is obliged to pay for both parties, otherwise, the proceedings are suspended.
Yes, based closely on the UNCITRAL rules of arbitration. Mandatory provisions of the Egyptian arbitration law need to be followed if the seat of arbitration is in Egypt.
The parties are free to choose the language of arbitration. This determines the language of communication with the Institution. Arabic or English.
A case manager appointed by the Institution.
No restrictions.
The party initially making the appointment, failing which the Institution.
Yes there are rules specific for multi-party arbitrations.
There are no specific rules for joinder.
No.
The rules are quite flexible. In major international arbitrations the IBA rules are customarily referred to.
For uncomplicated cases usually 1 to 1.5 years. For complex disputes 2 - 3 years.
No restriction under the rules. The Egyptian arbitration law, if applicable, would impose a restriction of 18 months, but this has been ruled to be inapplicable to arbitrations subject to the rules of the Institution (CRCICA)
There are no regulatory limits. If the parties have set a limit, extensions must be by mutual agreement.
Yes if the parties have granted it these powers. There is a competing competency of domestic courts.
No.
No.
No.
Generally in international commercial arbitrations, costs do follow the event. The rules grant tribunals broad discretion in awarding costs.
Yes, awards can be annulled. Basically for procedural irregularities and for breach of the domestic public order.
The rules are based on the UNCITRAL rules (but are not identical)
See 27 above