The 2024 Cairo Regional Centre For International Commercial Arbitration (‘CRCICA’) Rules: What Do You Need To Know?
The Cairo Regional Centre For International Commercial Arbitration (‘CRCICA’) 2024 Arbitration Rules[1] are the first update by CRCICA to their rules since 2011. This iteration of the rules takes effect from January 15, 2024. CRCICA has been in operation for 45 years and, as such, is the oldest such centre in Africa and the Middle East. An increase in arbitration centres in the region since the last revision of the rules has meant that it was an apt time to update the institution’s rules. CRCCIA in recent years registers around 80-90 arbitration cases a year with an average value of in and around $4 million. Three quarters of the cases are heard in Arabic and a quarter in English albeit in the recent past there have also been one or two arbitrations heard in French.
In the following commentary, we consider some of the key revisions introduced in the 2024 version of CRCICA’s rules. Where the new rules run to 80 pages by necessity it is not possible to outline the entire scope of the updated rules in this note. Members of 4-5 Gray’s Inn Square’s International Arbitration Group are familiar with all major institutional rules including the 2024 CRCICA rules and can advise as may be needed on choosing institutional rules and/ or on the interpretation of governing institutional rules that have already been agreed.
2024 Revision.
CRCICA’s 2024 rules are based on the UNCITRAL Arbitration Rules as revised in 2010 (amended in 2013 and 2021). However, they have been as is noted ‘.. adapted to an institutional framework that builds on CRCICA’s decades of experience.’[2] It follows that future revisions are likely to emerge as and when the UNCITRAL Arbitration Rules are further updated. CRCICA engage in a thorough consultation process so one whilst issue/s may always arise that require revision of rules outside an established cycle is it perhaps not likely that the rules will be further revised for a few years.
Expedited and Emergency Arbitrations.
Expedited arbitrations to paraphrase a well-known British TV advert from the 1990s ‘ Does what it says on the tin.’ A ‘normal’ international arbitration can (on the basis of figures released by The School of International Arbitration of Queen Mary University of London in its annual surveys) and/or regularly released by major institutions take between in and around 12-20 months. In certain circumstances the nature, and value of the dispute, will mean that the parties will seek where possible to have the arbitration carried out in a shortened time frame which will have the knock-on effect of reducing costs. The new CRCICA rules see the introduction of an expedited procedure for claims where the value of the dispute is less than $2,000,000, and rules for the appointment of an emergency arbitrator in cases when a delay risks causing a party ‘significant harm’.[3] As can be seen in Annex 3 ‘Expedited Arbitration Rules’, at page 65-71 of the 2024 rules, the parties can agree to opt out of the expedited rules at any time.
Use of Technology.
CRCICA now allow parties to send notices and other communications via email and encourages the use of videoconferencing technology. The new rules contain guidance on how electronic communications can be used appropriately. For instance, Article 17, rules 3- ‘The arbitral tribunal may, after inviting the parties to express their views and taking into account the circumstances of the case, utilize any technological means as it considers appropriate to conduct the proceedings.’
Third Party Funding
There has in the time since the last revision of the CRCICA rules been a very significant increase in the role that third party funding plays in international arbitration. The new CRCIA rules, at Article 53, requires that parties disclose where they are availing of such funding and also to state who is providing the funding. This is in keeping with the ongoing focus on transparency in international arbitration.
Conclusion
The changes made are to be welcomed. The 2024 CRCICA rules reflect international best practice and are likely to meet the expectations of most users in terms of certainty and flexibility. CRCICA as has been stated is a well-established centre that predates newer centres in the region that have recently come to the fore in jurisdictions such as the Kingdom of Saudi Arabia and the United Arab Emirates. These younger centres had in some instances shown themselves, for a time, to be more agile than CRCICA but any divergence that once existed is no longer applicable. The increase in the number of centres is good for the region as a whole and helps each individual jurisdiction to focus on meeting the developing needs of those that use international arbitration to resolve their disputes. Cairo is a well-established regional centre for arbitration. International commentators have recognised that the Cairo Court of Appeals is arbitration friendly. CRCICA has since its foundation in the 1970s become a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the wider African continent. The carefully considered 2024 revision to the centre's rules buttresses the existing strong position.
Members of 4-5 Gray’s Inn Square Chambers International Arbitration Group regularly act in arbitrations as counsel, or arbitrator, and are familiar with all the major institutional arbitral rules including the 2024 CRCICA rules. Queries as to the professional availability of members of the group can be directed to Deputy Head Clerk Stephen Somerville on + 44 (0_20 7670 1545 or by email to [email protected]
[1] CRCICA launches its new Arbitration Rules 2024 | CRCICA (accessed January 8, 2024)
[2] Arbitration Rules, paragraph 3, page 8 of the rules- CRCICA Arbitration Rules
[3] Article 1 titled “Emergency Arbitrator” in Annex 2 “Emergency Arbitrator Rules”
