ADR Rules :: The Cairo Regional Centre for International Commercial Arbitration (CRCICA)

General Rules

Article 1

The following rules are applicable on all the ADR Techniques applied by the Centre.

Article 2

Parties can agree on amending any of the rules of any of ADR Techniques applied by the Centre.

Article 3

Any party may not submit to any State court or arbitration any documents, statements or communication which is submitted by any other party or by the neutral in the ADR proceedings, unless he can produce it independently from any source other than the ADR proceedings concluded according to the Centre's Rules. Without prejudice to the right of the parties requesting a technical report from an expert to introduce it to the court or to an arbitral tribunal, any party may not submit to any court or in any arbitration any proposals or views that were submitted by another party or by the neutral during the proceedings of any other ADR techniques of the Centre.

Article 4

The settlement reached between the parties through the neutral(s) and signed by them shall be binding to the parties as any contract concluded between them.

Article 5

Neither the neutral(s) nor the Centre and its employees shall be liable to any person for any act or omission in connection with the ADR proceedings.

Article 6

The parties may refer to these rules in their contracts and may provide that "Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall be settled by mediation in accordance with the Rules of Mediation or of any of the ADR Techniques applied by the Mediation and ADR Centre (a branch the Cairo Regional Centre for International Commercial Arbitration). The Centre shall be the appointing authority unless the parties made the appointment themselves or in case the appointing authority refused or failed to act.

Note: Parties may wish to consider adding:
(a) The number of neutrals shall be (one or three)
(b) The place of the proceedings shall be (town or country)

The applicant shall provide the Centre with the following:

The names of the disputed parties
The Addresses, phone and fax numbers and emails of the parties and their lawyers if any
The nature and value of the dispute
The neutral qualifications
The place of the proceedings
The language of the proceedings
Parties may wish to consider adding: "in case of failure of ADR techniques to settle the dispute, any party may apply for arbitration according to the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration"

The Rules of Mediation

Article 1

Where parties to a contract have agreed in writing to seek an amicable settlement of disputes arising out of or relating to their contract by mediation in accordance with the Rules of Mediation of the Mediation and ADR Centre (A branch of the Cairo Regional Centre for International Commercial Arbitration), then such mediation shall take place in accordance with such rules.

Unless the parties have agreed otherwise, the rules applicable to the mediation shall be those in force at the time of commencement of the mediation. The submission of the parties to mediation according to the Mediation Rules of the Centre implies their acceptance of the rights and obligations contained therein.

Article 2

The party initiating mediation shall provide the Centre with a request for mediation briefly identifying the subject and value of the dispute along with a copy of the agreement entered into by the parties for mediation indicating their names, addresses, phone numbers, fax numbers, emails if any, in addition to the amount of US$ 500.00 in international cases and US$ 250.00 or equivalent in Egyptian Pounds in domestic cases, being the administrative and registration fees, to be paid by each of the two parties in cash or by a certified check in the name of the Centre and delivered to its address situated at 1, Al-Saleh Ayoub st., Zamalek, Cairo, Egypt.

Where there is no submission to mediation or contract providing for mediation, a party may request the Centre to invite the other party to join in a submission to mediation. The initiating party shall simultaneously file five copies of the request with the Centre. The Centre shall send a copy of the mediation request as soon as possible to the other party or parties.

Mediation proceedings shall commence when the other party accepts in writing the invitation to mediate.

If the other party rejects the mediation request or if the Centre does not receive a reply within 15 days from the date on which the other party receives the said request or within such other period of time as specified therein, the Centre shall inform the party initiating the mediation of such a result.

Article 3

The Director of the Centre shall appoint one mediator or more if the parties fail to reach an agreement on the name or names of mediator(s).

Pursuant to these rules, where the Centre is to recommend or appoint mediators, the names of the recommended or appointed mediators shall be drawn from the panel maintained by the Centre for that purpose. The selected mediator shall be appointed unless rejected by either party for objective reasons.

Article 4

The selected or appointed mediator should satisfy the Rules of the Code of Ethics of Arbitrators issued by the Centre.

Consequently, no person shall serve as a mediator in any dispute in which he has any financial or personal interests in the outcome of the mediation, unless otherwise agreed upon in writing by the parties.

Prior to accepting an appointment, the potential mediator shall disclose any circumstances likely to create a presumption of bias. Upon receipt of such information, the Centre shall replace the mediator unless the parties accept his appointment.

Article 5

If any mediator dies or proves unwilling or unable to serve, another mediator is to be appointed according to the same rules applied in appointing the withdrawing mediator.

Article 6

The parties may be represented by themselves, or by persons of their own choice. The names and addresses of such persons shall be communicated in writing to all parties and to the Centre.

Article 7

The mediator shall fix the date, time and location of each of the mediation sessions. The mediation shall be held at the Centre or at any other convenient location agreeable to the mediator and to the parties.

Article 8

Upon the request of the mediator or of either party, the Director of the Centre shall provide or arrange for administrative assistance or facilities in order to facilitate the conduct of the mediation proceedings.

Article 9

At least fifteen days before the first session, each party shall furnish to the Centre copies of all written statements and documents to be submitted to the mediator(s) and to the other parties. The Centre shall send copies of all written submissions to the other parties and to the mediator(s).

The parties may agree on any other means to exchange their points of view and suggestions to settle the dispute.

Article 10

At the first session, the parties shall produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information.

Article 11

Unlike arbitrators or conciliators, a mediator can hold private sessions or communicate separately with each party to narrow the gaps between the views of the parties.

Article 12

The expenses of witnesses and experts for either side shall be paid by the party requesting such witnesses or experts. All other expenses relating to the mediator's travel, the representatives of the Centre, the expenses of any witness and the costs of any proof or expert advice produced at the direct request of the mediator, shall be equally borne by the parties according to the suggestion of the mediator agreed upon by the parties. In case only one of the parties agrees on the suggestion of the mediator, this party shall bear the costs.

Article 13

Mediation sessions are private. Other persons may attend only with the permission of the parties and with the consent of the mediator.

Article 14

Confidential information disclosed to the mediator by parties or witnesses in the course of mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in that capacity shall be confidential.

The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceedings any of the following:

Views expressed or suggestions made by either party with respect to a possible settlement of the dispute.
Admissions made by another party in the course of the mediation proceedings.
Proposals made or views expressed by the mediator; or
The fact that either party had not indicated willingness to accept a proposal for settlement made by the mediator.

Article 15

Neither the Centre nor any mediator shall be a party in judicial proceedings relating to the mediation. Neither the Centre nor any mediator shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.

Article 16

The mediator shall interpret and apply these rules insofar as they relate to the mediator's duties and responsibilities. All other rules shall be interpreted and applied by the Centre.

Article 17

Unless agreed otherwise, the mediators upon the conclusion of the mediation proceedings, shall furnish to the Director of the Centre the settlement agreement signed by the parties or a report of the reasons for the termination of the mediation proceedings without reaching a settlement.

Article 18

With reference to the cost of mediation, the following provisions shall apply:

For the purpose of these rules, the term "costs" shall also include the expenses reasonably incurred by the Centre in connection with the mediation as well as its administrative fees.
The facilities provided by the Centre may be charged for on the basis of comparable costs.
The mediator's fees shall be fixed by agreement between the Centre, the mediator and the parties and shall not exceed the amount calculated according to the Rules of the Cairo Regional Centre for International Commercial Arbitration for determining the arbitrator's fees. The Director of the Centre, after consultation with the mediator and the parties, shall determine the bases of the assessment of fees and expenses. In all cases, the Director of the Centre may reduce the fees and expenses if the nature of the case so permits.
In some cases due to the complexity of the dispute or the length of hearings, the Director of the Centre may undertake consultation with the mediator and the parties to adjust the basis of the assessment of fees and expenses.

Article 19

The Director of the Centre shall prepare an estimate of the costs of mediation and request each party to deposit equal advance payments.
During the course of the mediation proceedings, the Director of the Centre may request supplementary deposits from the parties.
If the required deposits are not paid in full within thirty days after the receipt of the request, the Director of the Centre shall inform the parties in order that one or another of them may make the required payment. If such payment is not made, the mediator(s), after consultation with the Director of the Centre, may order the suspension or termination of the mediation proceedings.
Upon termination of the mediation, the Director of the Centre shall render an accounting to the parties of the deposits received and return any unexpended balance to the parties.

The Rules of Conciliation

Article 1

Where parties to a contract have agreed in writing to seek an amicable settlement of disputes arising out of or relating to their contract by conciliation in accordance with the Rules of Conciliation of the Mediation and ADR Centre (a branch of the Cairo Regional Centre for International Commercial Arbitration), then such conciliation shall take place in accordance with the UNCITRAL Conciliation Rules subject to the modifications set forth in the present rules. The rules applicable to the conciliation shall be those in force at the time of the commencement of conciliation unless the parties have agreed otherwise.

Article 2

The party initiating conciliation shall provide the Centre with a request for conciliation briefly identifying the subject and value of the dispute along with a copy of the agreement entered into by the parties for conciliation indicating their names, addresses, phone numbers, fax numbers, emails if any, in addition to the amount of US$ 500.00 in international cases and US$ 250.00 or equivalent in Egyptian Pounds in domestic cases, being the administrative and registration fees. The said amount shall be paid by each of the two parties in cash or by a certified check in the name of the Centre and delivered to its address situated at 1, Al-Saleh Ayoub st., Zamalek, Cairo, Egypt.

The Centre shall send a copy of the conciliation request as soon as possible to the other party or parties. Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate.

If the other party rejects the conciliation request or if the Centre does not receive a reply within fifteen days from the date on which the other party receives the said request or within such other period of time as specified therein, the Centre shall inform the party initiating conciliation of such results.

Article 3

The Director of the Centre shall assist in the appointment of conciliator(s) if the parties fail to reach an agreement on the name or names of conciliator(s). Where, pursuant to these rules and to article 4(2) of the UNCITRAL Conciliation Rules, the Centre is to recommend or appoint conciliators, the names of the conciliators shall be drawn from the panel of international conciliators maintained by the Centre for that purpose.

Article 4

Upon the request of the parties or the conciliator(s) - with the approval of the parties- the Director of the Centre shall provide or arrange for administrative assistance or facilities that necessitate additional costs in order to facilitate the conduct of the conciliation proceedings.

Article 5

The parties shall furnish to the Director of the Centre copies of all written statements to be submitted to the conciliator(s) and to be sent to the other parties. The Centre shall send copies of all written submissions to the other parties and to the conciliator(s). The parties may agree to exchange their points of view and suggestions to settle their disputes by other means.

Unless agreed otherwise, the conciliator(s), upon the conclusion of the conciliation proceedings, shall furnish to the Director of the Centre the settlement agreement signed by the parties or a report justifying the termination of the conciliation proceedings without reaching a settlement.

Article 6

Neither the Centre nor any conciliator shall be a party in judicial or arbitral proceedings relating to the conciliation. Neither the Centre nor any conciliator shall be liable to any party for any act or omission in connection with any conciliation conducted under these rules.

Article 7

The administrative and conciliators' fees shall be subject to the same Rules as those applied on mediation.

The Rules of Technical Expertise

Article 1

Any natural or juridical person may apply to appoint one or more experts to report his technical opinion of certain technical issues that cannot be examined by the applicant. This report aims at assessing the position of the parties before filing any judicial or arbitral claims or resorting to conciliation or mediation.

Article 2

Where parties have agreed to submit their dispute to the rules of technical expertise of the Mediation and ADR Centre, they may ask the Director of the Centre to appoint one or more experts to render a technical opinion in the dispute. An arbitral tribunal may apply to the Centre to appoint technical expert(s) in certain field to render his (their) report regarding technical controversy related to the case submitted before them.

Article 3

The request submitted to the Director shall include:

The names, addresses, phone numbers, fax numbers and email, if any, of the parties.
The subject and nature of the technical dispute and the type of expertise requested.
The agreement to resort to technical expertise for the settlement of the dispute according to the Centre's rules.
The number of technical experts to be appointed if not previously agreed upon.
Name or names of proposed expert(s) in case there were no previous agreement to that effect.

Article 4

The Centre shall notify the party or parties of the request to submit the dispute to technical expertise and shall receive any remarks thereon.

Article 5

The Centre shall provide to the applicant, according to article (1) here above, the name(s) of an expert(s) from the list of experts maintained by the Centre, and receive his remarks thereon. The appointed expert shall not be challenged unless for justified reasons. If the parties agree to submit their dispute to technical expertise before the Centre according to its Rules, and fail to appoint the expert, the Centre shall appoint one or more experts to render the technical opinion in the dispute.

The Director of the Centre shall communicate to both parties an identical list of nominated experts, each party shall delete the name or names to which he objects and number the remaining names on the list in the order of his preference. The expert(s) shall be appointed according to the priority of the parties.

The Centre shall provide the arbitral tribunal requesting the appointment of expert(s) with the names of potential expert(s) from the list of international experts maintained by the Centre for that purpose.

In international cases, the expert chosen will be a national of a country other than the countries of both parties. In all cases, the expert appointed should not have any connection or relation with the parties of the dispute that may affect his opinion or raise any justifiable doubts as to his independence or impartiality.

A potential expert should not have any previous relations or connections with the parties or the subject of the dispute that may affect his opinion. He should disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.

According to article (1) and (2) of these Rules, the number of experts should be odd number. The report shall be rendered by majority of votes, and the minority may attach their dissenting opinion.

Article 6

The Director of the Centre shall decide, after consulting with the parties, on the replacement of an expert in the case of death or if prevented for any other reason from carrying out his responsibilities. The replacing expert(s) shall be appointed according to the same rules under which the replaced expert(s) was appointed.

Article 7

The appointed expert shall determine the requirements, time and costs of his mission before his final appointment.

Article 8

The Director of the Centre shall estimate the amount of administrative and experts' fees and the deposits to be paid in advance for the expertise, taking into consideration the nature of the expertise and the number of working hours.

The administrative and registration fees shall be US$ 500.00 in international cases and US$ 250.00 or equivalent in Egyptian Pounds in domestic cases. The applicant party shall deposit the said amounts in advance, each party shall pay an equal share thereof.

The administrative fees shall be paid simultaneously with the application to appoint the expert. The expert fees shall be estimated by the Director of the centre and shall be paid as soon as estimated by the Director.

Upon conclusion of the expert's mission, the Director of the Centre shall determine the total administrative and expert fees.

Article 9

The parties should assist the expert in implementing his terms of reference and in particular, should make available to him all documents he may consider necessary and also to grant him free access to visit and inspect any place related to the dispute. The information given to the expert shall be used only for the purpose of the expertise and shall remain confidential.

Article 10

The expert shall put forth his views in a written and signed report, within the limit set forth in the request for his appointment, after giving the parties an opportunity to submit arguments supported by documentation.

The expert must also include in his report all his findings concerning the implementation of the contract and the measure necessary to safeguard its subject matter. The expert must also attach to his report anything the parties might have agreed upon concerning the settlement of the dispute.

The expert(s) must sign the report. Where there is more than one expert and one or more fails to sign, the report shall state the reasons for the absence of the signature(s). The original report shall be delivered to the Director who shall provide each party with a copy.

Article 11

The report of the expert shall not be binding unless the parties agree otherwise.

The Rules of Mini-Trials

Article 1

Where the parties have agreed to settle their dispute by applying the Mini- Trials Rules of the Mediation and ADR Centre (a branch of the Cairo Regional Centre for International Commercial Arbitration), the procedures shall commence by filing a request to compose a panel to hear the dispute. The request shall include the subject and value of the dispute, along with the names, address, phone and fax numbers, emails, if any, of the other Party (parties). The Centre shall inform the other party (parties) with this request.

Article 2

The selected panel shall be composed of a neutral umpire appointed by two associate members selected from among the senior corporate officers of each party to the dispute. These associates are expected to be intimately familiar with the details of the dispute.

If the parties do not agree on the umpire, the appointing authority designated by the parties shall perform such appointment. If the parties do not designate the said authority, the Centre shall appoint the umpire by communicating to the parties an identical list of eminent experts, each party shall delete the name or names to which he objects and number the remaining names on the list in the order of his preference. The umpire shall be appointed according to the priority of the parties.

Article 3

Before commencing his mission, the nominated umpire should disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence.

Article 4

The above panel, except the umpire, shall draft a settlement after hearing the parties and reviewing their submissions. Failing to reach such settlement, the umpire shall draft another settlement. The parties are not bound to accept any draft settlement.

Article 5

The parties undertake not to initiate any judicial or arbitral proceedings during the Mini-Trials procedures.

Article 6

If no settlement is reached, the parties shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding any information disclosed during the procedures. The umpire undertakes not to disclose any information obtained from either party during the hearings. Neither any of the parties nor the umpire shall be parties in any judicial or arbitral proceedings relating to the Mini-Trial.

Article 7

Before appointing the umpire, the administrative fees and the fees of the umpire should be paid according to the estimation of the Director of the Centre. The administrative and registration fees are US$ 500.00 in international cases and US$ 250.00 or equivalent in Egyptian Pounds in domestic cases. The said amounts shall be paid by each of the two parties in cash or by a certified check in the name of the Centre and delivered to its address situated at 1, Al-Saleh Ayoub st., Zamalek, Cairo, Egypt.

The umpire fees shall be fixed after deliberation between the Director of the Centre and the parties.

The Rules of the Claim Review Board (CRB)

Article 1

In construction contracts, parties may agree to form a three-member board, operational starting the commencement of the construction project till its achievement, in order to issue recommendations regarding any potential dispute between the parties.

Article 2

The Board shall be composed of three members, one appointed by the contractor, another by the employer and the two appointed members select the president of the Board.

Article 3

Each member of the Board shall be provided by a complete set of contract and project documents, together with any critical path schedule and network diagrams, minutes of meetings, progress reports, expert reports and any other documents related to the project.

Article 4

Any dispute arising between the parties shall be submitted to the Board, which shall also review any claim presented by the contractor as well as orders of amendments in order to issue its recommendations.

Article 5

Recommendations issued by the Board are not binding to the parties.

Article 6

The parties shall share the costs of the CRB.