Rule 1
Where parties to a contract have agreed in writing to seek an
amicable settlement of disputes arising out of or relating to their
contract by mediation in accordance with the Rules of Mediation of
the Cairo Regional Centre for International Commercial Arbitration,
then such mediation shall take place in accordance with the present
rules.
Unless the parties have agreed otherwise, the rules applicable
to the mediation shall be those in force at the time of
commencement of the mediation. The submission of the parties to
mediation according to the Cairo Centre's Rules includes their
acceptance of the rights and obligations contained in these
rules.
Rule 2
The party initiating mediation shall provide the Centre with a
request for mediation briefly identifying the subject of the
dispute along with a copy of the agreement entered into by the
parties for mediation and a registration fee of three hundred U.S.
Dollars.
Where there is no submission to mediation or contract
providing for mediation, a party may request the Centre to invite
the other party to join in a submission to mediation.
The initiating party shall simultaneously file five copies of
the request with the Centre.
The Centre shall send a copy of the mediation request as soon
as possible to the other party or parties.
Mediation proceedings shall commence when the other party
accepts in writing the invitation to mediate.
If the other party rejects the mediation request or if the
Centre does not receive a reply within 15 days from the date on
which the other party receives the said request or within such
other period of time as specified therein, the Centre shall inform
the party initiating the mediation of such a result.
Rule 3
The director of the Centre shall appoint one mediator or more
if the parties fail to reach an agreement on the name or names of
mediator(s).
Pursuant to these rules, where the Centre is to recommend or
appoint mediators, the names of the recommended or appointed
mediators shall be drawn from the panel maintained by the Centre
for that purpose.
Rule 4
The appointed mediator should satisfy the Rules of the Code of
Ethics of Arbitrators issued by the Centre.
Consequently, no person shall serve as a mediator in any
dispute in which he has any financial or personal interests in the
result of the mediation, except by the written consent of all
parties.
Prior to accepting an appointment, the prospective mediator
shall disclose any circumstances likely to create a presumption of
bias. Upon receipt of such information, the Centre shall either
replace the mediator or immediately communicate the information to
the parties for comment. In the event that the parties disagree as
to whether the mediator shall serve, another mediator is to be
appointed.
Rule 5
If any mediator proves unwilling or unable to serve, another
mediator is to be appointed according to the same rules applied in
appointing the withdrawing mediator.
Rule 6
A party may be represented by persons of its own choice. The
names and addresses of such persons shall be communicated in
writing to all parties and to the Centre.
Rule 7
The mediator shall fix the date, time and location of each
mediation session. The mediation shall be held at the Centre or at
any other convenient location agreeable to the mediator and to the
parties.
Rule 8
With the consent of the parties, the director of the Centre
shall provide or arrange for administrative assistance or
facilities in order to facilitate the conduct of the mediation
proceedings.
Rule 9
At least fifteen days before the first session, each party
shall furnish to the director of the Centre copies of all written
statements to be submitted to the mediators and to the other
parties. The Centre shall send copies of all written submission to
the other parties and to the mediators.
Rule 10
At the first session, the parties will be expected to produce
all information reasonably required for the mediator to understand
the issues presented. The mediator may require any party to
supplement such information.
Rule 11
Unlike arbitrators or conciliators, a mediator can hold
private sessions with each party separately to narrow the gaps
between the views of the parties.
Rule 12
The expenses of witnesses and experts for either side shall be
paid by the party requesting the presence of such witnesses or
experts. All other expenses relating to the mediator's travel, the
representation of the Centre, the expenses of any witness and the
costs of any proof or expert advice produced at the direct request
of the mediator, shall be borne equally by the parties unless the
mediator or the parties agree otherwise.
Rule 13
Mediation sessions are private. The parties and their
representatives may attend mediation sessions. Other persons may
attend only with the permission of the parties and with the consent
of the mediator.
Rule 14
Confidential information disclosed to the mediator by parties
or witnesses in the course of mediation shall not be divulged by
the mediator. All records, reports, or other documents received by
the mediator while serving in that capacity shall be
confidential.
The parties shall maintain the confidentiality of the
mediation and shall not rely on, or introduce as evidence in any
arbitral, judicial or other proceeding any of the following:
a. Views expressed or suggestions made by another party with
respect to a possible settlement of the dispute;
b. Admissions made by another party in the course of the
mediation proceedings;
c. Proposals made or views expressed by the mediator; or
d. The fact that another party had not indicated willingness
to accept a proposal for settlement made by the mediator.
Rule 15
Neither the Centre nor any mediator is a necessary party in
judicial proceedings relating to the mediation. Neither the Centre
nor any mediator shall be liable to any party for any act or
omission in connection with any mediation conducted under these
rules.
Rule 16
The mediator shall interpret and apply these rules insofar as
they relate to the mediator's duties and responsibilities. All
other rules shall be interpreted and applied by the Centre.
Rule 17
Unless agreed otherwise, the mediators at the termination of
the mediation proceedings, shall furnish to the director of the
Centre the settlement agreement signed by the parties or a report
of the reasons for the termination of the mediation proceedings
without reaching a settlement.
Rule 18
With reference to the costs of mediation, the following
provisions shall apply:
a. The director of the Centre shall prepare an estimate of the
costs of mediation and may request each party to deposit equal
advance payments.
b. During the course of the mediation proceedings, the
director of the Centre may request supplementary deposits from the
parties.
c. If the required deposits are not paid in full within thirty
days after the receipt of the request, the director of the Centre
shall inform the parties in order that one or another of them may
make the required payment. If such payment is not made, the
mediators, after consultation with the director of the Centre, may
order the suspension or termination of the mediation
proceedings.
d. The director of the Centre may redirect supplementary funds
towards the coverage of the costs of mediation.
e. Upon termination of the mediation, the director of the
Centre shall render an accounting to the parties of the deposits
received and return any unexpended balance to the parties.
Rule 19
a. For the purpose of these rules, the term "costs" shall also
include the expenses reasonably incurred by the Centre in
connection with the mediation as well as its administrative
charges.
b. The facilities provided by the Centre may be charged for on
the basis of comparable costs.
c. The administrative charges of the Centre shall be estimated
by the director of the Centre at one quarter of the amount
estimated as administrative charges for arbitration with a minimum
of five hundred U.S.Dollars.
d. The mediator's fees shall be fixed by agreement between the
Centre, the mediator and the parties and shall not exceed the
amount calculated according to the Centre's Rules for determining
the arbitrator's fees.
e. In some cases due to the complexity of the dispute or the
length of hearings, the director of the Centre may undertake
consultation with the mediator and the parties to adjust the basis
of the assessment of fees and expenses.