Environmental Engineering Reference
In-Depth Information
arbitration process. In addition, although the LCIA deals with international arbi-
tration, its main focus seems to be on international disputes related to the Anglo-
American region. Most parties choosing the LCIA stem from a comparable cultural
background, which supports the aforementioned assumption. Thus, MENA parties
might not feel comfortable dealing with the LCIA.
Secondly, there is the SCC. One of the biggest advantages of the SCC is the
Swedish courts, which can help to support arbitration. However, this only applies if
Sweden is the chosen place of arbitration. As mentioned above, the SCC
s focus is
not on Africa, which led in the past to an insignificant amount of cases with African
parties being brought in front of the SCC tribunals. There are no doubts concerning
the capability of the SCC as an international arbitration institute. However, as with
the LCIA, MENA countries might not feel comfortable in front of the SCC. Due to
the lack of cases involving parties from the MENA region, the SCC might not have
the necessary experience and knowledge concerning contractual, interpretational
and trade traditions.
In the case of the CRCICA, it is almost the other way around. Certainly the
CRCICA knows a lot about Arab traditions, but it is a rather uncommon arbitration
institute for Western parties. Like the SCC, it is a regional arbitration institute with
a focus on African and Arab countries. Several documents also underline its
independence from the Egyptian government. Western parties might be reluctant
to choose the CRCICA due to its limited experience and practice. CRCICA Rules
also have the most loopholes compared to the other arbitration rules. The two main
problems are the arbitration duration and multi-party arbitration. There is no time
limit for the arbitration process in front of the CRCICA. This can result in a long
arbitration and therefore affect a lot of potential customers of the energy. Although
the CRCICA Rules mention the possibility to conduct multi-party arbitration, there
are no detailed regulations. As highlighted above, multi-party arbitration is difficult
as it is. CRCICA Rules are also the most difficult arbitration rules of those
examined above. Consequently, the CRCICA is not advisable for the Desertec
Concept.
'
2.2.3.3 CAM and ICC
Only two arbitration institutions remain, namely the CAM and the ICC. Unlike all
the other arbitration institutions, the CAM is a national institution. However, it also
handles international arbitration. The most interesting thing about the CAM is its
focus on the Mediterranean Sea and its adjacent states. It is also the only European
arbitration institution actively cooperating with African and Arab arbitration insti-
tutions. This sharing of knowledge and competencies makes it stand out. The CAM
Rules include all major arbitration regulations. However, the CAM does not have a
lot of experience with large-scale projects, a factor which is very important
considering the size of the Desertec Concept. If Italy is chosen as the seat of
arbitration, the CAM might need the help of the Italian courts, which have a
reputation of working rather slowly. Despite its lack of experience, the CAM
