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Mohamed Abdel Wahab
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Stephan Schill
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Lise Bosman
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Ismail Selim
I. Published in the Yearbook Commercial Arbitration
A. Awards
Cairo Regional Centre for International Commercial Arbitration (CRCICA)
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21 December 1995, Final award
State entity (Egypt) v Seller (France), Final Award, 21 December 1995, Yearbook XXII (1997) p. 13
Place of arbitration: Cairo, Egypt
- good faith in performance of contract
- effect of settlement agreement
- arbitrators not bound by court decision in summary proceedings
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Final award in case no. 730 of 2011
Place of arbitration: Cairo, Egypt
- competence-competence
- power of attorney
- standing of party
- scope of arbitration clause and tort claims
- moment to raise objection of lack of jurisdiction
- interest on advance payment
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Final award in case no. 676 of 2010
Place of arbitration: Cairo, Egypt
- valid arbitration clause and approval by competent Minister
- Bilateral Investment Treaty between Egypt and Japan of 28 January 1977
- termination of contract
- release of letter of guarantee
- costs for extending letter of guarantee
- language of arbitration
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Partial final award, 7 April 2017; Second partial final award, 31 January 2018; Costs award, 30 May 2018; and Ruling and Costs Award, 26 July 2018, Case no. QQQ/2012
Place of arbitration: Cairo, Egypt
- supply contract
- contract obtained by corruption
- economic duress
- (wrongful) termination of contract
- force majeure (damage to plant)
- breach of contractual obligation to safeguard interests of other party (no)
- breach of contract by commencing ICC arbitration
- discounted cash flow method (DCF) of assessing damages
- pre-award interest
- post award interest
- compound interest
- trade usage as to compound interest in international arbitration
- issue estoppel/collateral estoppel
- applicable law to issue estoppel/collateral estoppel
- correction of award (Arts. 37-39 CRCICA Rules)
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Final award in case no. WWW/2017, 8 April 2020
M1 v. Y1 and Y2 (Final Award), CRICA Case No. WWW/2017, 8 April 2020, Yearbook XLVI (2021) pp. 58-65
Place of arbitration: Cairo, Egypt
- non-signatory party not bound to contract and arbitration clause
- doctrine of group of companies
- doctrine of universal succession
- accrued and future net profit interest share
- contractual obligations and sale of interest
- payment tied to production threshold
- allocation of costs
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Final award in case no. XXX/2013, 21 December 2017
Place of arbitration: Cairo, Egypt
- corruption
- applicable law to allegation of corruption
- corruption as international law concept
- burden of proof of corruption
- standard of proof of corruption
- indicators of corruption (“red flags”)
- bribery
- influence peddling
- force majeure
- causation in respect of force majeure
- burden of proof of force majeure
- interpretation of contract
- breach of contract in respect of reconciliation mechanism (no)
- breach of contract by commencing second arbitration (no)
- apportionment of arbitration costs
- apportionment of legal costs and expenses
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Final award in case no. YYY/2013, 7 January 2020
Place of arbitration: Madrid, Spain
- lack of jurisdiction because claim already decided in ICSID arbitration
- ICSID jurisdiction in related arbitration and exclusion of other remedies (Art. 26 ICSID Convention)
- late raising of objection of lack of jurisdiction (no) (Art. 21(3) 1998 CRCICA Rules)
- discretion of arbitrators in allocating costs of arbitration and legal costs
- allocation of costs
- allocation of legal fees
- post-award interest
B. Court Decisions
Egyptian Court Decisions on the 1958 New York Convention
- Court of Appeal, Cairo, 28 January 2004 (International Trade Corporation v. V/O Stankoimport), Yearbook XLV (2020) pp. 234-237 (Egypt no. 1)
- Court of Appeal, Cairo, 27 February 2007 (Cimenco Egypt v. Nickelson Industrial Co.), Yearbook XLV (2020) pp. 238-240 (Egypt no. 2)
- Court of Cassation, 22 January 2008 (Misr Foreign Trade v. R.D Harboties (Mercantile)), Yearbook XLV (2020) pp. 241-243 (Egypt no. 3)
- Court of Cassation, 28 March 2011 (Engineering Industries Company et al. v. Roadstar Management et al.), Yearbook XLV (2020) pp. 244-246 (Egypt no. 4)
- Court of Appeal, Cairo, 6 May 2014 (Oakley Fertilizer, Inc. v. Not indicated), Yearbook XLV (2020) pp. 247-248 (Egypt no. 5)
- Court of Appeal, Cairo, 3 February 2016 (Damietta International Ports Company v. Arab Contractors Company et al.), Yearbook XLV (2020) pp. 249-252 (Egypt no. 6)
- Court of Appeal, Cairo, 7 February 2016 (Foshan Boyida Textile v. Egypt Care et al.), Yearbook XLV (2020) pp. 253-254 (Egypt no. 7)
Egyptian Court Decisions on Other Arbitration-Related Issues
- Court of Appeal, Cairo, 5 December 1995 (Ministry of Defense of the Republic of Egypt v. Chromalloy Aeroservices Inc), Yearbook XXIV (1999) pp. 265-268
- Court of Appeal, Cairo, Commercial Circuit No. 63, 19 March 1997 (Antiquities Organization v. Silver Night Company), Yearbook XXIII (1998) pp. 169-174
II. Published in the International Handbook on Commercial Arbitration
In addition, we highly recommend the chapter on Egypt by Mohamed Abdel Raouf in the Second Edition of Arbitration in Africa: a Practitioner’s Guide (Kluwer Law International, 2021)
About ICCA
In 1961, a small group of specialists met in Geneva to discuss their shared passion: arbitration. More than 50 years later, the International Council for Commercial Arbitration (ICCA) has grown into a 1000-member-strong, global organization responsible for the largest regular Congress dedicated to international arbitration as well as leading publications on the subject. ICCA is committed to continuing the mission launched in 1961: to promote, develop and harmonize the practice of international dispute resolution, and to share its work with dispute resolution specialists worldwide.
Membership is open to all dispute resolution specialists.