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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
The year 2020 declined to pass without further irreparable loss. On 25 November 2020, the Arab legal community and halls of justice have experienced a tragic loss with the passing of Counselor Dr Borhan T. Amrallah at the age of 80.
Counselor Dr Amrallah, who belongs to the generation of titans within the Egyptian legal community, was an admired prominent figure of the Egyptian judiciary and a seasoned arbitrator. Among the positions he proudly held over his rich years were: Chief Justice of the Cairo Court of Appeal, Chief Justice of the Cairo Economic Court, Secretary-General of the Arab Union of International Arbitration, Assistant Minister of Justice for International Cooperation and Arbitration, Justice of the Appellate Division of the COMESA (Common Market for Eastern and Southern Africa) Court of Justice, President of the CRCICA (Cairo Regional Centre for International Commercial Arbitration) Advisory Committee, and Arbitrator to the Court of Arbitration for Sports.
Over his years on the bench, Counselor Dr Amrallah was a revered judge who set the bar quite high and his judgments have profoundly contributed to building the edifice of jurisprudence constante under the Egyptian Arbitration Law No. 27 of 1994 (the ‘EAL’). His judgments established prudent parameters for review of arbitral awards, affirming the arbitrability of administrative contract disputes, disambiguating overriding mandatory rules and principles of public policy, procedure for appointment of arbitrators in ad hoc proceedings, as well as determining the ratione materiae of certain provisions of the EAL. These rich and diverse judgments will remain a guiding light on arbitration and trade related disputes. For many years, Counselor Dr Amrallah personally ensured that all Egyptian jurisprudence relevant to arbitration was transmitted to the Secretariat of the ICC Court in order to keep generations of practitioners informed and up to date on the state of Egyptian arbitration law. ICC is grateful for his immense contributions.
Counselor Dr Amrallah was a man of integrity, justice, wisdom and passion for law. However, his passion for law did not eclipse his non-legal skills and talents. His passion for music refined his senses, purified his soul and unleashed his positivism that showered his family, friends, colleagues and those who knew him well. In addition to having a passion for music, he was actually a musician and an avid flutist.
In a nutshell, one can say that Counselor Dr Amrallah was indeed one of not many who capably and gracefully made a seamless transition from the bench to arbitral tribunals in full appreciation of the fine distinctions between serving as a judge and sitting as an arbitrator. There can be no doubt that he will indeed be missed as a human, judge, arbitrator, friend and above all a father figure to generations of judges and legal practitioners across the Arab world. May his wisdom and seminal judgments remain a guiding whisper in the ears of younger members of Arab judiciaries, as they render justice and lead on the rule of law.
Counselor Dr Amrallah will be remembered by many with warmth, admiration, respect and a smile. May his soul rest in peace.