Parties to international arbitration may benefit from the hearing rooms and services of the Cairo Regional Centre for International Commercial Arbitration (CRCICA) even where the Centre is not the institution administering the case. The practical significance of this arrangement lies in the ability to hold hearings in arbitrations administered under the rules of another international institution, such as the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), or proceedings administered by the Permanent Court of Arbitration (PCA), at CRCICA’s facilities in Cairo, without that fact alone changing the applicable procedural rules or the legal seat of the arbitration.

Proper use of this option requires distinguishing among three separate concepts: the institution administering the arbitration, the legal seat of arbitration (Seat of Arbitration), and the place where hearings are held (Hearing Venue). Confusing these concepts may lead to errors in identifying the applicable procedural law, the courts competent to hear annulment proceedings, and the judicial measures supporting the arbitration.

First: The Difference Between the Administering Institution, the Legal Seat, and the Hearing Venue

1. The Institution Administering the Arbitration

The administering institution is the entity that the parties agree will administer the arbitration under its rules, such as ICC, CRCICA, or LCIA. The institution performs the administrative and institutional functions prescribed by its rules, while the arbitral tribunal determines the dispute and renders the award. Accordingly, CRCICA’s hosting of a hearing in a case administered by another institution does not transfer administration of the case to CRCICA and does not make the CRCICA Rules applicable.

2. The Legal Seat of Arbitration (Seat of Arbitration)

The legal seat is the juridical home of the arbitration, not merely the place where the parties meet. In arbitration based on a national seat, it determines the procedural law of the arbitration (Lex Arbitri) and the courts exercising supervisory jurisdiction, including the court competent to hear an action to annul the award where the applicable requirements are met.

If the parties agree, for example, that Cairo is the seat of arbitration in a case administered by ICC, the arbitration remains an ICC institutional arbitration under the ICC Rules, while the seat is subject, for purposes of judicial supervision, to the Egyptian Arbitration Law. Conversely, if the seat is Paris and the hearings are physically held at CRCICA in Cairo, Cairo does not become the legal seat merely because the hearing is held there.

3. The Place of Hearings (Hearing Venue)

The hearing venue is the physical place where oral arguments, witness and expert examinations, deliberations, or procedural meetings are held. It may differ from the legal seat of the arbitration. A case may therefore have a legal seat outside Egypt while some or all hearings are held at CRCICA in Cairo for logistical, commercial, or geographic reasons.

Second: Does CRCICA Permit the Use of Its Facilities for Cases It Does Not Administer?

Yes. CRCICA officially states that its facilities are available to parties in cases that it does not administer, including institutional arbitrations before other bodies and ad hoc arbitrations. The Centre specifically states that parties in cases administered under the rules of ICC, ICSID, the PCA, the Court of Arbitration for Sport (CAS), and others may use its hearing centre for the applicable fees.

The support is not limited to providing a hearing room. Depending on the needs of the case, available services include hearing rooms and breakout rooms, videoconferencing, audio or video recording, technical support, interpretation services, assistance with hearing arrangements, and the possibility of organizing virtual or hybrid hearings and remote witness and expert testimony.

Third: The Legal Basis for Holding a Hearing in a Place Different from the Seat

Article 28 of Egyptian Arbitration Law No. 27 of 1994 recognizes the parties’ freedom to agree on the place of arbitration inside or outside Egypt and, without prejudice to the agreed seat, gives the arbitral tribunal authority to meet at any place it considers appropriate for carrying out an arbitral procedure, including hearing the parties, witnesses, and experts or inspecting documents.

International institutional rules adopt the same concept. For example, the ICC Rules provide that the place of arbitration is determined by agreement of the parties or by the International Court of Arbitration in the absence of agreement, while permitting the arbitral tribunal to hold hearings and meetings at any appropriate place after consulting the parties unless they have agreed otherwise.

The practical result is that selecting CRCICA’s facilities does not, in principle, require changing the legal seat or the administering institution. It is sufficient that holding the hearing in Cairo is consistent with the parties’ agreement, the applicable rules, and the arbitral tribunal’s procedural orders.

Fourth: Practical Examples Illustrating the Difference Between the Seat and the Hearing Venue

Fifth: International Cooperation Agreements Do Not Transfer Administration of the Case to CRCICA

CRCICA has concluded numerous cooperation, partnership, and alternative-hearing-venue agreements with international and regional institutions. Its official website refers to cooperation with entities including ICC, ICSID, SCC, and AAA, and since 2012 the Centre has also served as an alternative hearing centre for the Court of Arbitration for Sport (CAS).

However, the existence of an institutional cooperation agreement does not mean that every case administered by one of those institutions automatically becomes subject to CRCICA or that the Centre acquires procedural authority within the case. The scope of CRCICA’s role depends on what is actually requested by the institution, the parties, or the arbitral tribunal.

Sixth: Procedures for Organizing a Hearing in a Foreign-Administered Case at CRCICA

1. Record the Hearing Venue Procedurally

It is preferable to record the decision to hold the hearing in Cairo in the parties’ agreement or in a procedural order issued by the arbitral tribunal, expressly stating that choosing CRCICA as the hearing venue does not change the seat of arbitration where the legal seat is in another State.

2. Coordinate with the Hearing Centre

CRCICA should be contacted to reserve the hearing room and any additional rooms and to determine the hearing requirements, including the number of participants, interpretation, recording, videoconferencing, document presentation, technical support, arrangements for interpreters or Court Reporters, and any additional requirements.

3. Prepare a Hearing Protocol

For international or hybrid hearings, it is preferable for the procedural order to establish a clear protocol governing access to the hearing room, management of electronic documents, remote examination of witnesses, recording, interpretation, attendance arrangements, and the copies of documents to be used by witnesses and the arbitral tribunal.

4. Verify Travel and Entry Requirements

If foreign witnesses, arbitrators, or experts are expected to travel to Egypt, the entry and visa rules in force at the time of the hearing should be checked early. CRCICA states that it provides, where possible, logistical assistance relating to entry and accommodation arrangements, although the final requirements remain subject to the rules of the competent State authorities.

Seventh: The Effect of Choosing Cairo as the Legal Seat — Not Merely as the Hearing Venue

If the parties choose Cairo as the legal seat of arbitration, the position is fundamentally different from merely hosting the hearing at CRCICA. In international commercial arbitration conducted in Egypt, Egyptian Arbitration Law determines the court competent to deal with matters referred to it by the law, and an action to annul the award is governed by the provisions of Egyptian law.

This is not determined by the administrative headquarters of the administering institution. For example, ICC may administer a case seated in Cairo even though ICC is an international institution headquartered outside Egypt; the court competent to hear annulment proceedings is determined by the seat of arbitration and Egyptian law, not by the address of the institution administering the file.

Eighth: Does Holding a Hearing in Cairo Give Egyptian Courts Supervisory Jurisdiction?

No. Merely holding a hearing in Egypt does not, by itself, confer general jurisdiction on the Egyptian courts to annul the award or supervise the arbitration where the legal seat is in another State. Supervisory jurisdiction is primarily linked to the legal seat and the law applicable to the arbitration.

Judicial assistance concerning interim measures, evidence, or assets located in Egypt may raise different jurisdictional issues depending on the nature of the application, the law of the seat, Egyptian law, and the location of the asset or evidence. It should therefore not be assumed that merely holding a hearing at CRCICA automatically gives the Egyptian courts power to grant all measures supporting the arbitration.

Ninth: Practical Advantages of Using the CRCICA Hearing Centre

• Practical regional location: Suitable for cases involving parties, counsel, and witnesses from the Middle East and Africa.
• Dedicated arbitration facilities: Including hearing rooms, deliberation rooms, and separate rooms for legal teams.
• Technical services: Videoconferencing, internet, audio and video recording, and technical support.
• Interpretation: Facilities for simultaneous interpretation depending on the room and service required.
• Hybrid hearings: Ability to combine physical attendance with remote participation and electronic examination of witnesses and experts.
• Logistical support: Assistance with interpreters, transcription, meetings, accommodation, and certain entry arrangements where possible.

Tenth: Common Mistakes When Using CRCICA as the Hearing Venue for a Case Administered by Another Institution

Practical Best Practices

• Expressly distinguish between Seat and Venue: Drafting should leave no room for confusion between Cairo as the legal seat and Cairo only as the hearing venue.
• Confirm the institutional rules: If the case is under ICC, LCIA, or another institution, the procedural order should remain clear as to the rules administering the case.
• Agree on the Hearing Protocol early: Particularly for hybrid hearings or those involving remote witnesses and experts.
• Test technology before the hearing: Verify connectivity, interpretation, recording, and document presentation.
• Assess the effect of the seat on enforcement and annulment: Before amending any wording that could be understood as transferring the Seat from one State to another.

When Is Local Counsel in Egypt Useful?

Retaining Local Counsel in Egypt is not a mandatory requirement merely because a hearing is held in Cairo, but it may be useful where the case requires extensive local coordination or raises issues involving Egyptian law.

• When drafting or reviewing a clause designating Cairo as the legal seat of arbitration.
• Where there is a dispute over whether Cairo is the Seat or merely the Venue.
• Where supporting or conservatory judicial measures are required in Egypt.
• Where witnesses, evidence, or assets in Egypt require local procedures.
• When organizing major hearings requiring logistical coordination with an international team, interpreters, and experts.
• When enforcing the award in Egypt or defending annulment proceedings where the legal seat of arbitration is in Egypt.

How Can Specialized Legal Support Help?

El Rouby Law Firm can support companies, investors, and international law firms in cases whose hearings are held in Cairo, whether administered by CRCICA or by another international arbitral institution.

1. Reviewing the seat and procedural rules: Determining the effect of the Seat, Venue, and institutional rules on the applicable law and the competent courts.
2. Drafting procedural orders and protocols: Preparing precise wording that prevents confusion between the hearing venue and the legal seat.
3. Local hearing coordination: Supporting the international team with practical arrangements, documents, witnesses, and experts.
4. Judicial support: Conducting Egyptian court proceedings where jurisdiction arises under the law, including annulment, enforcement, and supporting measures.

Conclusion

CRCICA enables parties in arbitrations that it does not administer to benefit from a specialized hearing centre and advanced technical and logistical services in Cairo. The practical value of this option, however, depends on precise procedural drafting that distinguishes between the administering institution, the legal seat, and the hearing venue. Holding an ICC, ICSID, or PCA hearing at CRCICA does not make the CRCICA Rules applicable and does not transfer the legal seat to Egypt unless the parties or the competent authority make a separate legal determination to that effect.

Frequently Asked Questions

Can an ICC hearing be held at the Cairo Centre even if CRCICA is not the administering institution?

Yes. CRCICA makes its facilities available for cases it does not administer, including institutional arbitrations before other bodies. The arbitration remains subject to the rules of the selected institution unless the parties agree otherwise.

Does holding the hearing in Cairo make Cairo the seat of arbitration?

No. The hearing venue does not, by itself, change the legal seat. The Seat must be determined by reference to the parties’ agreement or the decision issued under the applicable rules.

If an ICC case is seated in Cairo, which rules apply?

The ICC Rules remain the institutional rules administering the arbitration, while Egyptian Arbitration Law becomes the law of the seat for matters governed by the Lex Arbitri and for judicial supervision.

Does the Cairo Court of Appeal have jurisdiction to annul every award issued after a hearing held at CRCICA?

No. Merely holding the hearing at CRCICA is not sufficient. The legal seat of arbitration must first be identified and the jurisdictional rules under Egyptian Arbitration Law applied.

Can CRCICA be used for ICSID hearings?

Yes, in terms of hosting and services, according to CRCICA’s published information. However, ICSID arbitration remains governed by the ICSID Convention and Rules and does not operate on the basis of a national seat that gives rise to annulment proceedings before local courts.