Expedited Arbitration and Remote Arbitration

 Expedited arbitration is a relatively modern mechanism adopted by most arbitration centers to reduce time and costs through simplified procedures. The concept of expedited arbitration is based on speed and procedural simplicity, aiming to   ensure an arbitration award is issued within a relatively short period.

Most leading arbitration centers have established rules for expedited arbitration, including short timelines, simplified procedures, lower costs, and limited or no hearings. The process also includes the swift appointment of the arbitrator—usually a sole arbitrator rather than a three-member tribunal. The final arbitration decision is typically issued within three to six months from the date the arbitration case is referred to the arbitrator unless the parties agree otherwise.

In 2021, the United Nations Commission on International Trade Law (UNCITRAL) introduced expedited arbitration rules in 16 articles. Key provisions include:

 Both parties must agree to apply the UNCITRAL Expedited Arbitration Rules (Article 1).

 A sole arbitrator is appointed unless the parties agree otherwise (Article 7).

 The arbitration award must be issued within six months from the tribunal's formation unless extended under exceptional circumstances, with a maximum extension of nine months (Article 16).

 The World Intellectual Property Organization (WIPO) also introduced expedited arbitration rules in 2021. These rules specify that: A sole arbitrator handles the dispute (Article 14).

 Hearings must be concluded within three months of the later of  the defense submission or the tribunal's formation, whichever occurs later.

 The arbitration award should be issued in the following month, subject to reasonable feasibility.

 As of January 15, 2024, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) implemented new rules. Annex (2) outlines emergency arbitrator procedures, while Annex (3) introduces expedited arbitration procedures. Key provisions include:

If arbitration has not commenced or the tribunal is not yet formed, a party may request emergency measures from CRCICA. The emergency arbitrator must issue a decision within 15 days from receiving the request, unless extended under exceptional circumstances.

For expedited arbitration, parties must explicitly agree to apply CRCICA's expedited arbitration rules. If these rules no longer apply, the tribunal continues under standard CRCICA arbitration rules.

 A sole arbitrator is appointed unless the parties agree otherwise (Article 6).

 The arbitration award must be issued within six months from the tribunal’s formation unless extended by CRCICA under justified circumstances (Article 11).

 Since expedited arbitration emphasizes speed and cost reduction, remote arbitration—also known as "electronic arbitration" or "online arbitration"—becomes an optimal solution.

Remote Arbitration

Remote arbitration is a relatively modern approach driven by advancements in communication technology. It enables arbitrators, disputing parties, witnesses, and experts to participate in the arbitration process using digital communication tools without being physically present in one location. This differs from traditional arbitration, where all parties meet face-to-face, similar to courtroom proceedings.

 The Use of  some electronic methods (such as email exchanges) in arbitration does not necessarily classify it as online arbitration.

 Key advantages of remote arbitration include:

 Speed: When parties and arbitrators are in different countries, virtual hearings eliminate travel delays.

 Cost Reduction: Avoiding travel expenses, accommodation costs, and logistical fees significantly lowers overall arbitration costs.

 However, a major drawback is the risk of cybersecurity breaches. Hackers may compromise the confidentiality of arbitration proceedings, which is a critical advantage of arbitration in general. To mitigate this risk, encryption protocols and high-security anti-hacking software should be employed.

Recommendation

 To align with modern arbitration trends, we recommend amending Egypt’s Arbitration Law No. 27 of 1994 to explicitly incorporate provisions on expedited arbitration and remote arbitration. This would align with Egypt’s Vision 2030 and support sustainable development goals centered on peace, justice, and strong institutions.