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CRCICA Recent Caseload – Hearings at the CRCICA

The second quarter of 2019 witnessed the filing of 13 new cases compared to 15 new cases filed in the second quarter of 2018. The Centre’s caseload in the second quarter of 2019 involved disputes relating to various sectors, including Oil & Gas, Media & Entertainment, Real Estate Development, Pharmaceutical industry and Construction.

5 cases related to the Oil & Gas sector. The first case involved a contract for the provision of drilling services in various locations in Egypt. The second case related to an exclusivity pre-bid purchase agreement for a vessel in an offshore project. The third case related to a contract for works, involving the engineering, procurement, construction, commissioning and start-up of a new oil platform in the Gulf of Suez. The fourth case involved an agreement for the supply of natural gas in Upper Egypt. The fifth case involved an assignment agreement of the rights and obligations related to a contract for land drilling services in various locations in Egypt.

Two cases related to the Construction sector. One case related to 4 contracts for civil works including the supply, installation and maintenance of elevators and escalators in a housing complex and the shopping malls annexed to it located in Alexandria. The second case also involved a contract for civil works, specifically the finishing of an administrative office located in Zamalek.

The remaining 6 cases related to various economic sectors. One case related to services, and involved a contract for the provision and training on a SAP ERP Program. One case related to the media and entertainment sector and involved a contract between an actor and a production company related to an Egyptian TV series. One case involved a dispute arising from a Lease Agreement of a commercial space in a mall located in the First Settlement New Cairo. One case related to the tourism sector and involved a Management agreement for a tourism company. One case related to merger and acquisition in the pharmaceutical sector, and involved a contract for the purchase of shares of a pharmaceutical company. One case related to Real Estate Development, involving a contract for the joint development of a residential complex located in Marsa Matrouh, Egypt.

The second quarter of 2019 witnessed the appointment of arbitrators from Egypt and the UK. Among the 38 arbitrators appointed this quarter, there is 1 female arbitrator and 5 arbitrators under the age of 40.

Arbitration proceedings in the second quarter involved parties from Egypt, China , in addition to cases filed by branches of Chinese and Japanese companies.

Amongst the 13 cases filed this quarter, 2 cases were conducted in English, 15%, while 11 were conducted in Arabic, 85%.

The second quarter of 2019 also witnessed the registration of a mediation case between a German party and an Egyptian party in the food manufacturing industry. A special article is dedicated to the success of this mediation.

Hearings

During the second quarter of 2019, 33 hearings took place at CRCICA’s premises. 29 of the hearings related to cases administered by CRCICA, 1 hearing related to a mediation case under CRCICA Mediation Rules, and 2 hearings related to cases brought under the ICC Rules.

1 hearing related to an investment case under the UNCITRAL Rules, brought by an investor against a Middle Eastern state. Due to the difficulty of obtaining an entry visa to the seat of arbitration for witnesses from the host state, currently in a state of political instability, CRCICA hosted the hearing upon the Parties’ request. This shows the importance of CRCICA as alternative hearing venue in case of difficulties of convening the hearings due to internal turmoil or other conflicts.

CRCICA also hosted witnesses to testify remotely to an ICC arbitral tribunal in Paris, using live feed of proceedings (i.e. video conferencing to visualize the hearing room), real time viewer (i.e. live testimony immediately appears on your computer screen as the court reporter writes real-time), and using Opus 2 Magnum electronic bundle solution, in two separate cases.

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