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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Arbitral Awards of the Cairo Regional Centre for International Commercial Arbitration. Volume IV

ISBN13: 9789041158406
Published: November 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardbackh
Price: £118.00

Despatched in 6 to 8 days.

This fourth series of cases brought before the Cairo Regional Centre for International Commercial Arbitration introduces some of the most important arbitration cases involving major construction companies from Europe and the United States during the past decade.

As in previous volumes in the series, the sections on each of the seven cases include full or only slightly abridged summaries of the actual awards, with detailed commentaries. Although these awards were rendered in English; they were edited and commented by the prominent legal scholar, arbitrator, and lawyer Dr. Mohie Eldin I. Alam-Eldin.

His in-depth commentary on the cases encompasses discussion of emerging new arbitral trends and principles and new approaches to arbitration engendered by the ever-growing and changing practices and patterns of international trade.

The significance of the Cairo Regional Centre for International Commercial Arbitration, as a forward looking and innovative institution directly influencing business activity in some of the most important areas of global commerce, can hardly be overstated. This book validates and reinforces the Centre’s pivotal role, and will be of inestimable value to the international commercial arbitration community.

Among the issues arising and dealt with (and likely to arise in any arbitration) in this volume are the following:-

  • significance of an applicable bilateral investment treaty;
  • delay in performance;
  • reimbursement of actual costs incurred in performance;
  • non-payment or late payment by employer of certified sums;
  • payment for work performed under changed circumstances;
  • interest payments;
  • damages due to default;
  • dumped material and environmental damage;
  • suspension or termination of the arbitral proceedings;
  • relief as a result of lost opportunity or lost profit; and
  • relief during pre- and post-termination periods.
This uncommonly useful book will be esteemed for the insights it offers into the motivations behind arbitral decisions, its clarification of the compatibility of arbitral principles with international legal trends, and its signal contribution to the understanding of dispute settlement systems worldwide. Academics and jurists will appreciate the book’s value to comparative law studies and the harmonization of arbitration proceedings, while arbitrators and corporate counsel will welcome its ample legal discussion on the issues raised, examples of witness examination and cross-examination, and drafting of claims and counterclaims. All legal practitioners, scholars, and others dealing with commercial arbitration, not only in the region but worldwide, will benefit greatly from reading this book and applying its insights.

Arbitration and Dispute Resolution

Case 1 Malicorp Ltd. (UK) v. The Government of the Arab Republic of Egypt and others.
Case 2 EU Joint Venture of Three Companies (Contractor) v. An African Tourism Company (Owner).
Case 3 J.V. of American and EU Dredging Companies v. Red Sea Public Authority (RSPA) 185 Summary.
Case 4 European Consortium of 4 Companies v. Ministry of Public Works and Water Resources of an African State (Partial).
Case 5 European Consortium of 4 Companies v. Ministry of Public Works and Water Resources of an African State (Interim).
Case 6 European Consortium of 4 Companies v. Ministry of Public Works and Water Resources of an African State (Final).
Case 7 Hotel Company v. Construction Company. Annex - Arbitration Rules.