Table of Contents
The Cairo Regional Centre for International Commercial Arbitration Rules 2024
On 15 January 2024, the Cairo Regional Centre for International Commercial Arbitration Rules will enter into force based on UNCITRAL Arbitration Rules as amended in 2010, 2013, and 2021 to be compatible with institutional arbitration frameworks and the results of the Centre’s decades of experience.
These Rules included for the first time provisions on the Consolidation of arbitral proceedings, the early dismissal of claims, the emergency arbitrator and Expedited Arbitration Rules, electronic filing of claims, multiple contracts, and third-party funding of arbitration. The tables of administrative expenses and the arbitral tribunal’s fees were also amended in Annex 1 to keep pace with economic developments in the last decade taking into account the importance of balancing the provision of the highest level of services for the benefit of users with the reasonableness of costs.
Since its establishment, the Cairo Centre has applied the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules approved by the United Nations General Assembly in resolution 31/98 of 15 December 1976. The Rules have been adopted by the Centre with minor amendments.
The Centre amended its Arbitration Rules in 1995, 1998, 2000, 2002, 2007, and 2011 to ensure that the needs of the users of these Rules continue to be met, to keep abreast of best practices in the field of institutional international arbitration and to provide an effective framework for arbitral proceedings around the world.
Major amendments to the Centre’s Arbitration Rules 2024
Article 26: Interim Measures and the Emergency Arbitrator
The arbitral tribunal may, at the request of a party, grant interim measures. In case the arbitration has not commenced or the arbitral tribunal is not fully constituted, an emergency arbitrator may, at the request of a party, be appointed, to determine the requested interim relief as per Annex 2.
An interim measure, whether in the form of an order or award or in any other form, is any temporary measure by which, at any time before the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party for example and without limitation, to:
- Maintain or restore the status quo pending determination of the dispute;
- Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
- Provide a means of preserving assets out of which a subsequent award may be satisfied; or
- Preserve evidence that may be relevant and material to the resolution of the dispute.
Article 50 Consolidation
A party may file a request to the Centre to consolidate two or more arbitrations pending under the Rules into a single arbitration (“Request for Consolidation”). The Centre may, upon the approval of the Advisory Committee, accept or reject the Request for Consolidation provided that any of the following criteria is satisfied in respect of the arbitrations to be consolidated:
- All parties have agreed in writing to consolidation;
- All of the claims in the arbitrations are made under the same arbitration agreement or agreements; or
- The claims in the arbitrations are not made under the same arbitration agreement or agreements and the Centre finds the arbitration agreements to be compatible and the disputes in the arbitrations arise in connection with the same legal relationship, the disputes arise out of contracts consisting of a principal contract and its ancillary contract(s); or the disputes arise out of the same transaction or series of transactions.
The amendment also clarified the data to be contained in the application for Consolidation, how it should be submitted, the dates of submission of the application, the authority of the Centre and the arbitral tribunal in the event of acceptance or rejection of annexation, administrative expenses, the arbitral tribunal’s fees and the expenses of the arbitrators whose appointment was revoked, if any, following the criteria outlined in these Rules.
The Centre’s decision to proceed with applications in a single arbitration proceeding is without prejudice to the jurisdiction of the arbitral tribunal to adjudicate on such applications.
Article 51 Multiple Contracts
Parties may make claims arising out of or in connection with more than one contract in a single arbitration the Centre shall consult with the parties and shall have regard to:
- Whether the arbitration agreements under which the claims are made are the same or compatible;
- Whether the relief sought arises out of the same transaction or series of related transactions; and
- Any other relevant circumstances.
Article 52 Early Dismissal of Claims
The arbitral tribunal shall have the power, after hearing all parties, to decide that a claim is manifestly without legal merit and dismiss it at an early stage of the proceedings.
Article 53 Third Party Funding
The party that is funded by a third party in relation to the proceedings and its outcome shall disclose the existence of the funding and the identity of the funder at the commencement of and throughout the arbitral proceedings.
Electronic Filing of the Claim:
- The notice of arbitration may be submitted to the Centre using the Centre’s form according to the conditions for filing a notice of arbitration online available at CRCICA’s website. (https://crcica.org/)
- The response to the notice of arbitration may be submitted to the Centre using the Centre’s form according to the conditions for filing a response to the notice of arbitration online available at CRCICA’s website (https://crcica.org/)
Annex No. 1 States – Tables of Administrative Fees and Arbitral Tribunal Fees
to keep pace with economic developments in the last decade taking into account the importance of balancing the provision of the highest level of services for the benefit of users with the reasonableness of costs.
Annex No. 2 of the Rules Deals with Amendments to the Emergency Arbitrator in terms of:
- Urgent Application for the appointment of an emergency arbitrator
- Communication of the Urgent Application to the other party
- Appointment, challenge and replacement of the emergency arbitrator
- Place of the emergency arbitrator proceedings
- Referral to the emergency arbitrator and written communications Conduct of the emergency arbitrator proceedings
- Emergency Decision
- Binding effect of the Emergency
- Decision Possibility of resorting to competent judicial authority
- Costs of the emergency arbitrator proceedings
Annex No. 3 of the Rules Deals with Expedited Arbitration Rules
- Scope of application
- Opting out of Expedited Rules
- Conduct of the parties and the arbitral tribunal
- Notice of arbitration and statement of claim
- Response to the notice of arbitration and statement of defense
- Number of arbitrators
- Appointment of a sole arbitrator
- Challenge, removal and replacement of an arbitrator
- Hearings
- Evidence
- Award
- Costs of Expedited Arbitration
Model Arbitration Clause
The amendments also dealt with some changes in the model arbitration clauses for disputes that might arise in the future, the model arbitration clause for disputes that had already arisen, and, the model arbitration clause for the Expedited Arbitration Rules.
In any event, the Parties should consider adding:
- The number of arbitrators
- The place of arbitration (city and country
- The language to be used in the arbitral proceedings
