1. تقديم وسائل تسوية المنازعات Presentation of dispute settlement means

2. Amicable means and judicial means Distinction between amicable means and judicial or binding means ADR : Alternative Disputes Resolution Non binding means : negociation, mediation and conciliation Binding: resort to state courts, and Arbitration

3. Type of dispute Disputes between state-investor Disputes between investors: private disputes Disputes between state-state

4. Amicable means Distinction between means that require the intervention of third party means that don’t require such intervention Negocitation (Party to Party) Conciliation (Third Party mean) Mediation ( third party mean)

5. Advantages of amicable means The parties control the proceedings Flexibility non-compliance with certain procedures Friendly atmosphere Economy in expenditure

6. Disadvantages - Does not end with binding solution - In the event of failure to return to the starting point and the loss of time

7. Negociation direct contact between the parties: Flexibility Need cooperation and good faith to find a solution to the conflict

8. Mediation Needs the intervention of neutral third party to assist the parties in resolving the dispute and to negotiate an acceptable solution The role of mediator Qualities requires Example

9. Conciliation Distinction with mediation Role of conciliator The conciliator propose a solution to the disputing parties

10. Non binding means with an international institution ICC ADR rules ICSID rules of conciliation The Cairo Mediation and ADR Centre was established as a branch of the Cairo Regional Centre for International Commercial Arbitration to administer mediation and other peaceful non-binding means of avoiding and settling trade and investment disputes. The Centre shall also administer conciliation under its auspices according to the Rules of Conciliation issued in 1980 by the United Nations Commission on International Trade Law (UNCITRAL).

11. Ad hoc ADR 1980 - UNCITRAL Conciliation Rules 2002 - UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment and use

12. 1980 - UNCITRAL Conciliation Rules Adopted by UNCITRAL on 23 July 1980, the UNCITRAL Conciliation Rules provide a comprehensive set of procedural rules upon which parties may agree for the conduct of conciliation proceedings arising out of their commercial relationship. The Rules cover all aspects of the conciliation process, providing a model conciliation clause, defining when conciliation is deemed to have commenced and terminated and addressing procedural aspects relating to the appointment and role of conciliators and the general conduct of proceedings. The Rules also address issues such as confidentiality, admissibility of evidence in other proceedings and limits to the right of parties to undertake judicial or arbitral proceedings whilst the conciliation is in progress.

13. 2002 - UNCITRAL Model Law on International Commercial Conciliation with Guide to Enactment and use Adopted by UNCITRAL on 24 June 2002, the Model Law provides uniform rules in respect of the conciliation process to encourage the use of conciliation and ensure greater predictability and certainty in its use. To avoid uncertainty resulting from an absence of statutory provisions, the Model Law addresses procedural aspects of conciliation, including appointment of conciliators, commencement and termination of conciliation, conduct of the conciliation, communication between the conciliator and other parties, confidentiality and admissibility of evidence in other proceedings as well as post-conciliation issues, such as the conciliator acting as arbitrator and enforceability of settlement agreements.

14. Domestic courts Which court? Examples

15. Advantages and disadvantages Proximity with the dispute Enforceability of the decision Time ? Expertise? Neutrality ?

16. The arab investment court Jurisdiction Composition Decision

17. Arbitration Defition of arbitration Necessity of consent The binding character of the decision rendred by the arbitrator

18. 1st advantage : confidentality Why confidentility? Importance of confidentiliaty in the business world Exceptions to confidentiality in some cases

19. 2 nd advantages : rapidity Expertise of the arbitrator Availability of the arbitrator Lack of formal proceedings

20. 3d advantages : efficiency and impartiality of the arbitrator The importance of impartiality

21. 4th advantages : enforceability It is easier to enforce an arbitral award more that a domestic decision: the existence of an international convention that uniforms the conditions and the proceedings of exequatur of arbitral decision

22. Disadvantages of arbitration

23. Cost and expenses Arbitrator must be paid Ideas about the cost of arbitration Comparaison between ad hoc arbitration and institutional arbitration Cost of lawyer Cost of the institution that administers the arbitration

24. Cultural challenges lack of knowledge of some arbitrator of culture and law of the national systems: arbitrator are judge of the globalization National context : everyone, or at least counsel the parties and the judges are talking, as a general rule, a common legal language

25. Execution The arbitral award is binding However it is not sel executing If there is no voluntarily execution, resort to domestic court is necessary

26. Combined clauses Mediation-arbitration clause Negotiation arbitration clause What’s happened if one party bring directly the arbitral action without submitting its claims to mediation?

27. Exercise Here are some pathological arbitration, correct them Clause 1 : “If the dispute is not resolved between the parties, they have firstly to use an amicable means. If they failed, every party can referred the matter to arbitration” Clause 2: “every disputes relating to the execution of this contract could be referred to arbitration Clause 3 “ disputes relating to this agreement may be submitted to arbitration Clause 4 : “disputes relating to this agreement could be submitted to arbitration if there is a mutual agreement”

28. Exercise : case Mr Ali concluded a construction contract with a constructor to build a villa in XXX. The contract contain the following clause : “Contracting parties agreed to resolve the legal conflicts through the judiciary, and the differences are technical conflict through arbitration”. What do you think of Mr. Ali Contract?

29. Conclusions : advises when drafting arbitration clause Think carefully about whether international arbitration fit well with your needs while negotiating a dispute resolution clause included in your contract Make sure that the resolution clause be the broadest possible, and defines the law as well as the seat of arbitration Make a choice : ad hoc or institutional arbitration Think about waivers to appeal or annulment in advance in your contract Think if you need a "multiple steps”clause