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The Appointment of New Non-Egyptian Members to CRCICA's Advisory Committee

As of May 1st, 2012, CRCICA has new non-Egyptian members appointed to its Advisory Committee ("AC").

CRCICA's AC consists of a Chairman, two (2) Vice Chairmen, and twelve (12) members at the most appointed by the Director of the Centre from amongst the members of the BOT as well as eminent African, Asian and other personalities specialized in the field of international arbitration.

The term of the current AC is four years, which may be renewed once for a similar term, unless otherwise determined due to special circumstances.

The AC shall guarantee collegial decision-making with respect to several vital procedural matters, including the challenge and removal of arbitrators.

The AC shall carry out, in particular, the functions provided for in Articles 6, 8(5), 12, 13(5), 14(2) and 45(12) of the Centre's Arbitration Rules in force as of March 2011 as well as any other functions that may be referred to in the Centre's future Arbitration Rules, particularly the following:

a. providing advice with respect to the Centre's decision not to proceed with arbitral proceedings, according to Article 6 of the Rules;

b. providing advice with respect to the Centre's decision to reject the appointment of arbitrators according to Article 8(5) of the Rules;

c. deciding on the removal of arbitrators according to Article 12 of the Rules via an impartial and independent tripartite ad hoc committee to be composed by the Centre from amongst the members of the AC. The decision shall be made by the majority of votes of the members of the ad hoc Committee and shall be both final and unchallengeable;

d. deciding on the challenge of arbitrators according to Article 13(5) of the Rules via an impartial and independent tripartite ad hoc committee to be composed by the Centre from amongst the members of the AC. The decision shall be made by the majority of votes of the members of the ad hoc committee and shall be both final and unchallengeable;

e. providing advice with respect to the Centre's decision to deprive any party of its right to appoint a substitute arbitrator according to Article 14(2) of the Rules; and

f. providing advice with respect to the Centre's determination, according to Article 45(12) of the Rules, of the fees of the arbitral tribunal at a figure higher or lower than that which would result from the application of the tables of fees annexed to the Rules.

The AC may delegate some of its functions to the Director of the Centre for making the necessary decisions, particularly with respect to the decision not to proceed with arbitral proceedings in accordance with Article 6 of the Rules and the determination, according to Article 45(12) of the Rules, of the fees of the arbitral tribunal at a figure higher or lower than that which would result from the application of the tables of fees annexed to the Rules. The Director of the Centre shall present a report to the Advisory Committee on the procedures taken or the decisions made according to the delegated functions.

The Director of the Centre may particularly consult with the AC regarding the following matters:
a. reviewing the potential proposals regarding the amendment of the Arbitration, Mediation and other Alternative Dispute Resolution (ADR) Rules and procedures under the auspices of the Centre, including the revision of arbitrators' fees, in light of the practical application of these rules as well as the proposed amendments of the United Nations Commission on International Trade Law (UNCITRAL) Rules;

b. reviewing the nature and themes of the activities carried out by the Centre such as conferences and training programs;

c. reviewing the cooperation agreements which are concluded by the Centre and its branches;

d. reviewing the matters that may be proposed by the members of the Advisory Committee;

e. reviewing the matters that may be referred thereto by the Director of the Centre; and

f. reviewing the matters that may be referred thereto by the Board of Trustees of the Centre.

The current members of the AC are (in alphabetical order):

Dr. Mohamed S. ABDEL WAHAB
Assistant Professor, Faculty of Law, Cairo University; Founding Partner and Head of Arbitration Group, Zulficar & Partners Law Firm; Vice-Chairman of the Chartered Institute of Arbitrators (Cairo Branch).
 
Coun. Dr. Borhan AMRALLAH
Doctor of law; Secretary-General Arab Union of International Arbitration (AUIA); Formerly: Chief Justice of Cairo High Court of Appeal (EGYPT); Assistant Minister of Justice for International Cooperation and Arbitration (Egypt); Chief Justice of Cairo Economic Court. Currently: Justice of Appellate Division of COMESA Court of Justice (Lusaka - Zambia); Visiting law professor at Egyptian and foreign Universities; Faculty Member of National Center for Judicial Studies (EGYPT); Fellow of the Chartered Institute of Arbitrators (London); Member of the Comité Français d'Arbitrage (Paris); International Arbitrator: ICC Egyptian and French National Committees; CRCICA, Court of Arbitration for Sport (CAS - Lausanne); DIAC and GCC Arbitration Centre (Bahrain).
 
Prof. Dr. Mohamed BADRAN
Ph.D. in Local Government Law from Birmingham University in England; Professor, Cairo University, King Abdel Aziz University in Saudi Arabia and Cairo University "Khartoum branch"; former Head of the Public Law Department and a Vice Dean for post-graduate studies; Faculty of Law, Cairo University; Author of more than 25 books and articles in Law; Fellow of the Chartered Institute of Arbitrators (London); International Arbitrator.
 
Prof. Dr. Aktham EL KHOLY
Attorney at law and legal Advisor admitted to the Supreme Court (Egyptian Court of Cassation) since 1975; Professor of Commercial and Maritime Law and Vice-Dean, Faculty of Law, Cairo University till 1979; Former Chief Legal Advisor at the Arab Fund for Economic and Social Development (Kuwait); Former Chief Legal Advisor of M.A. Kharafi Kuwait; Co-Arbitrator, Chairman, Attorney and Expert in international institutional and ad hoc arbitrations; Vice-President of the Egyptian Association of Francophone Jurists; Author several books, articles and papers in Arabic, English or French on civil and commercial laws of Egypt, Lebanon, and Saudi Arabia; Awarded the State Prize for his book on commercial contracts, 1959.
 
Prof. Dr. Ahmed S. EL KOSHERI
Member of the "Institut de Droit International"; Former President of Senghor University (Alexandria); Former Vice-President of the ICC Court of Arbitration.
 
Coun. Mohamed Amin EL MAHDY
Honorary President of the Egyptian Conseil d'Etat; Former Judge, the International Criminal Tribunal, The Hague; Lecturer in the International Human Rights Law and International Rumanian Law.
 
Prof. Dr. Mahmoud Samir EL SHARKAWY
Professor of Commercial and Maritime Law, Cairo University; Former Dean of the Faculty of Law, Cairo University; Arbitrator listed in several International Panels (ICC, ICSID, AAA and CRCICA); International Counsel in several International commercial arbitrations; Member of Egyptian Commission of Law Reform (Maritime Law, Arbitration Law and Commercial Law); author of several books and articles on Commercial Law, International Commercial Law, Arbitration Law and Maritime Law
 
Prof. Dr. Hamza HADDAD
LL.B. (University of Damascus, 1971); LL.M. and Doctor of Laws (Cairo University, 1976); Ph.D. in Commercial Law (University of Bristol, 1985); Lecturer of civil and commercial law at the University of Jordan; Former Secretary-General of the Arab Union of International Arbitration (AUIA); Member of the Board of Trustees of Dubai International Arbitration Centre (DIAC); Conciliator representing Jordan on the list of the ICSID; Partner and manger of the Law and Arbitration Center since its establishment in Amman, Jordan, 1985 and the Arab Institute for Arbitration and ADR (Amman - Jordan); Former Minister of Justice in Jordan; Attorney at law (1985-present).
 
Dr. Karim HAFEZ
Principal of Hafez and Visiting Professor of Law at the American University in Cairo, where he teaches international commercial arbitration and international investment law; Chairman, sole, and party-appointed arbitrator in disputes spanning the economic spectrum; Counsel instructed by states and corporations; Member of the Arbitration Court of the London Court of International Arbitration and Vice President of its Arab User Council (London); Member of the Distinguished Panel of Neutrals of International Center for Dispute Resolution (New York/Dublin); Fellow of the Chartered Institute of Arbitrators (London); Educated in Cairo, Cambridge, and Harvard.
 
Prof. Dr. Hossam ISSA
Professor of Commercial law, Ain Shams University; Attorney at law and international arbitrator.
 
Coun. Dr. Adel F. KOURA
Former President of the Egyptian Court of Cassation and President of the Egyptian Supreme Judicial Council; Former Assistant to the Egyptian Minister of Justice for Legislative Affairs; Former Judge at the Kuwaiti Court of Appeal; Former Head of the Technical Office of the Kuwaiti Ministry of Justice; Visiting Professor at the Faculty of Law, University of Assiut, Professor at the Faculty of Law, University of Ennaba, Algeria; Member or President of various arbitral tribunals.
 
Mr. Philippe LEBOULANGER
Avocat au Barreau de Paris; President of the Comité Français d'Arbitrage; Lecturer on International Commercial Arbitration and International Trade Law at University of Panthéon-Assas, Paris II (France); acted as Arbitrator (co-Arbitrator, Sole Arbitrator or Chairman of the Arbitral Tribunal)/or Expert in numerous international arbitrations; Counsel for private and public entities in international commercial and investment arbitrations under the aegis of the ICC, LCIA, CRCICA, UNCITRAL, ICSID and DIAC; He is the author of numerous legal publications on arbitration.

 
Prof. Dr. Fathi WALY
Former Dean of Faculty of Law, Vice- President of Cairo University, and Head of the Civil Procedure Department; Attorney before the Court of Cassation in Egypt, International Arbitrator and the Head of the Egyptian Society for Civil and Commercial Procedures; Participated in the drafting committee for the Egyptian Code of Civil Procedure and in the Drafting Committee for the Egyptian New Law of Arbitration; Participated also in drafting the Code of Civil Procedure in Kuwait and in Palestine; Author of many books, including: Theory of nullity in civil procedures" (1959 -1997) and the Law of arbitration in theory and practice (2007).
 
Ms. Rabab M.K. YASSEEN
Experienced arbitrator and counsel in international commercial arbitration cases; Partner with the Geneva Law Firm Mentha & Partners; Deputy-Judge with the Geneva Civil Courts.
 
Dr. Nassib ZIADÉ
Director of the Dubai International Arbitration Centre (DIAC) and a Visiting Professor at the University of Miami School of Law; Former Deputy Secretary-General (and Acting Secretary-General) of the International Centre for Settlement of Investment Disputes (ICSID) and a former Executive Secretary of the World Bank Administrative Tribunal; Extensive experience in the administration of international legal proceedings and in the management and development of international tribunals; Published extensively in the fields of international law and arbitration law.

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It is worth mentioning that the parties to arbitration may appoint the members of the AC as arbitrators. Likewise, the Centre may nominate the members of the AC to act as arbitrators by way of the list procedure according to the Centre's Arbitration Rules. In case the parties fail to reach an agreement regarding the appointment of an arbitrator as per this procedure, the Centre, in making the appointment, may not appoint a member of the AC as arbitrator.

Also, for the purpose of the selection of the members of the impartial and independent tripartite ad hoc committee composed by the Centre from amongst the members of the AC for deciding on challenges and requests to remove arbitrators, members having any recognizable conflict of interest shall be avoided.

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