What is Arbitration? What is ADR? Why Arbitration? Which disputes could be settled by Arbitration? What are the types of Arbitration? Who could conclude an arbitration agreement? What are the types of arbitration agreements? Do courts have jurisdiction in the presence of an arbitration agreement?
What is an Arbitral Tribunal? Can anyone act as an Arbitrator? How much does Arbitration cost?
How could arbitral awards be enforced? May an arbitration be filed before CRCICA against any state, in particular the host state?
What is Arbitration?Arbitration is an alternative method of dispute resolution according to which the dispute is referred to one or more arbitrators who are empowered to finally settle it by rendering a final and legally binding judgment.
What is ADR?ADR is commonly known as Alternative Dispute Resolution methods. Such methods mainly comprise Mediation and Conciliation. In certain institutions, ADR means Amicable Dispute Resolution methods.
Why Arbitration?In arbitration, both parties could elect the rules governing the arbitral proceedings, the law applicable to the merits of the dispute, the place of arbitration, the language(s) of arbitration, the number and the qualifications of arbitrators. Arbitration is usually faster than litigation before national courts and parties could fix a date for rendering the arbitral award. Arbitral awards are final, binding and in most jurisdictions could not be appealed (i.e. could not be revised on the merits); they could be only challenged for very limited causes all related to the procedures. Furthermore, arbitration is confidential; the arbitral awards could not be published unless after obtaining the prior written approval of the parties.
Which disputes could be settled by Arbitration?As a general rule, arbitration agreements could be concluded to settle all types of civil and commercial disputes except those related to matters that could not be the subject of an amicable compromise. Criminal matters as well as issues related to marital status are typical examples of disputes that could not be settled by arbitration.
What are the types of Arbitration?Arbitrations are classified according to their nature into institutional arbitrations that are administered under the auspices and according to the rules of an arbitral institution, while ad-hoc arbitrations are not subject to the rules of any arbitral institution.
Who could conclude an arbitration agreement?As a general rule, natural or juridical persons having capacity to dispose of their rights could conclude arbitration agreements. In case such persons are not directly or personally involved, a special power of attorney would generally be required in order for their legal representatives to conclude a valid arbitration agreement.
What are the types of arbitration agreements?Arbitration agreements could generally take the form of either an arbitration clause inserted in a contract before the dispute arises or a separate agreement concluded between the parties after the dispute has arisen. In both cases, the arbitration agreement should be in writing.
Do courts have jurisdiction in the presence of an arbitration agreement?
As a general rule, courts seized with a dispute in respect of which an arbitration agreement exists do not have jurisdiction to settle such dispute; they should declare the case non-admissible provided that the respondent invokes a plea of non-admissibility before submitting any claim or defense regarding the merits of the case.
What is an Arbitral Tribunal?An arbitral tribunal is a panel of one or more arbitrators (an odd number) composed according to the agreement of the parties in order to finally settle the dispute. In case the number of arbitrators is three, the arbitral tribunal is usually composed as follows:
Each party nominates an arbitrator and the two appointed arbitrators appoint the third arbitrator, who shall preside the arbitral tribunal.
Can anyone act as an Arbitrator?As a general rule, the Arbitrator must not be a minor, subject to interdiction or deprived of his civil rights. The arbitrators need not be of a specific sex or nationality or religion unless otherwise provided by agreement between the parties or by provision of law. An arbitrator should accept the mission entrusted to him in writing and should disclose any circumstances that may cast doubts with respect to his impartiality and independence.
How much does Arbitration cost?In institutional arbitrations, arbitration costs generally comprise registration fees, administrative fees and arbitrators' fees. The calculation of the last two fees is usually made as a percentage of the sum in dispute.
How could arbitral awards be enforced?As a general rule, arbitral awards enjoy the authority of res judicata and could be forcibly executed against the loosing party after obtaining an enforcement order (exequatur) from the competent national court where the enforcement of the award is sought. In case of foreign arbitral awards, the New York Convention of 1958 for the recognition and enforcement of foreign arbitral awards, which is ratified by many countries including Egypt, facilitates the recognition and enforcement of arbitral awards whose enforcement is sought in a country other than the one where they were rendered.
May an arbitration be filed before CRCICA against any state, in particular the host state?
CRCICA is an independent international non-governmental organization that is not subject to the financial or administrative supervision of any country including Egypt, the country hosting its headquarter pursuant to the headquarters agreement concluded in December 1987 with the Egyptian government. CRCICA enjoys all the privileges and immunities of independent international organizations in Egypt. Since its establishment in 1979, several national and international arbitrations were filed against sovereign states (mainly Egypt and other Arab states) and state owned enterprises. According to CRCICA statistics, in the majority of such arbitrations, the arbitral awards were rendered in favor of the private entity.
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