New Cairo international arbitration centre rules ‘embrace modern practices’

The recently published CRCICA rules (62 pages, 427KB) entered into force on 15 January 2024. The update is the first in more than 12 years, with the CRCICA rules last updated in 2011. The Centre has prepared a very comprehensive comparison between the 2011 Rules and the 2024 Rules, contained in a document that can be accessed on its website. 

The rules have been updated “to meet the needs of users and evolving dispute resolution and trade landscapes”, according to CRCICA. 

The new rules include provisions on previously unaddressed issues, including online arbitration filing, consolidation of arbitrations, multiple contracts, early dismissal of claims, third-party funding as well as emergency arbitrator rules and expedited arbitration rules. 

To boost efficiency, the new rules allow parties to send notices and other communications via email and other electronic means (article 2(6)) and encourage the use of videoconferencing throughout the arbitration process (see e.g. articles 17(3) and 28(2)), with parties provided guidance on how electronic communications can be used appropriately during the proceedings. The rules feature a new provision on consolidation of arbitrations (article 50), enabling parties to merge pending arbitrations into a single one, based on defined criteria.

The update makes it clear that an arbitral tribunal has the power, after hearing the parties, to decide that a claim is manifestly without legal merit and should be dismissed at an early stage of the proceedings (article 52). The new rules recognise the surge in third-party funding, with parties now required to disclose the existence and source of any funding they receive throughout arbitral proceedings (article 53). The rules will also see the introduction of an expedited procedure (Appendix 3) and provisions for the appointment of an emergency arbitrator in cases when delay risks causing a party significant harm (Appendix 2).

A newly added rule provides for the scrutiny of the award as to its form (article 34(5)) in order to avoid its setting aside on procedural aspects. Another addition relates to the law applicable to the arbitration agreement and provides that it shall be the law of the place of the arbitration, unless the parties agree otherwise (article 36(4)).

Jean-François Le Gal, arbitration expert at Pinsent Masons, said the new rules “reflect international best practice and are a great way to promote an even more user-friendly process”. The changes are consistent with those made by other leading arbitration institutions recently to modernise processes. 

Le Gal, who is registered and has been acting as an arbitrator at CRCICA, added that “this move confirms the CRCICA’s constant dedication to delivering and maintaining high quality dispute resolution services.