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EA is distributed free of charge, via the Internet, to interested members of the arbitral community.
News and details of forthcoming events are
particularly welcome. These and subscription requests should be addressed
EUROPEAN ARBITRATION, EA and interarb are the trade marks of the publisher, the entire contents of EUROPEAN ARBITRATION are the copyright of the publisher and individual contributors. Conditions allowing for not-for-profit, electronic redistribution and storage of the material are given in each issue.
* EUROPEAN *
* ARBITRATION *
* issue 3. *
March 14th, 1996.
2. Diary of Arbitral Evenry of Arbitral Events.
3. News items.
4. Feature Article: "Voluntary Dispute Resolution for Network
- The Virtual Magistrate Project", Paul Peter Evans.
An interesting Press
Release from the Coalition for Networked
Information prompts this latest edition of EUROPEAN ARBITRATION.
Their Press Release will be found, in full, in section 4. As
'arbitration professionals' I am sure we can all see 'snags' in what is
proposed. However trying it and seeing -if no harm can come of it- has
always seemed as excellent a method of testing something as endless
theoretical debate. So I for one would not wish to see my own reservations
:stand in the project's way, or indeed impede its success! The project has
the potential to not only bring credit to, but -and perhaps more
importantly- bring knowledge of private dispute resolution metate dispute resolution methods to a very
Within the document are various addresses for feedback. I am sure
comment from this side of the Atlantic would be welcome, particularly if the
Internet is without boundaries, then any dispute resolution system must also
not be mono-cultural.
As this copy of EA follows
so closely on February's issue I have
taken the opportunity of trying an abbreviated Diary of Events. This was
achieved by removing all events that I considered offered only training at
pre-practitioner level. I have tried to retain all mixed (training/academic)
and academic meetings, and all meetings aimed at those already practising.
Comments on content/style -as ever- welcome!
:2. DIARY OF EVENTS:
All contributions to
this DIARY are welcome. It is intended both to
be of use to the individual arbitrator in Europe and also to those that have
to plan or schedule meetings.
Generally, listed meetings will be of at least half-a-day's and more
likely a full day's duration. Evening meetings, etc., are only likely to be
of geographically local interest.
Also -subject to reader feedback- the emphasis is European. Trying
to cover one of the World's regions is considered ambitious enough! However
as the Diary is intended to help in scheduling meetings, it will include
major world events (no neat definition of that, editor's subjectivity I
All these dates are 1996:
PLEASE see important note below,
------------------------- &n; before using any of this info.
March 29 Conference on Mediation, WIPO, Geneva.
April 6-7 (Easter weekend)
April 26-27 CIArb: Adjudication Training.
May 3-5 LCIA European Council Symposium Tylney Hall, Hampshire,
May 23 CIArb Branch Officers'
-internal ('closed') administrative meeting.
May 23 CIArb Annual General Meeting, London.
(Members' formal business meeting.)
May 24-26 European Branch of the CIArb. Biannual
Friday evening until Sunday lunchtime.
Open to all members of the CIArb.
Contact: M Chapman onnbsp; Contact: M Chapman on: email@example.com
May 28-29 Mediation Training, WIPO, Geneva
May 30-31 Mediation Training, WIPO, Geneva.
May 31 Annual one-day seminar.
New Hall, Cambridge, England.
East Anglian Branch CIArb. R H Plascow 00441-223-364.422.
June 13-16 Institute of International Business Law and
Workshop on: "International Commercial Arbitration", Paris.
Many distinguished speakers, the Chairmen include: Pierre
: Lalive, David Sarre, Serge Lazareff, Lord Mustill, and
June 13-15 CIArb, Annual Meeting,
Tudor Park Hotel, Maidstone, Kent, England.
Please NOTE that whilst the conference includes a visit to
&nbs Penshurst Place, the conference is in Maidstone, and not as
stated in a previous issue of EA.
(see also: http:\\ourworld\compuserve\homepages\hartwell )
June 19 CIArb / LCIA / Worshipful
Company of Arbitrators.
'Cost Effective Arbitration - Meeting the User's Needs -
The Options for the User', London.
Speakers to include: Prof.Bockstiegel, Lord Ackner and
Sir Michael Kerr. (Details from CIArb, see below.)
June 24-28 International Congress of Maritime Arbitrators,
(contact LMAA, London Maritime Arbitrators' Association.)
June 27-28 LCIA, Conference and Symposium. Bermuda.
July 12 CIArb: Adjudication Training.
:Sept. 2-12 CIArb, Diploma in Int'l Comm. Arb., Summer
Keble College, Oxford, England.
Sept. 26-28 CIArb, Conference. Boston, U.S.A.
(See also: http:\\ourworld\compuserve\homepages\hartwell)
Oct. 18-20 LCIA European Council Symposium, Potsdam, Germany.
?November European Branch of the CIArb. Biannual
_possible_ dates: November 9th-10th.
Open to all members of the CIArb.
Contact: Dr.Ing. Renato Casalotti (t/f: 0039-2.55700500)
Please CONFIRM all details directly with organisers, the above material
drawn from various sources and should not be relied on by itself(!).
NO apologies are made for meetings omitted. If this Diary is to
efficacious it needs your contributions, please. (In the same format as
above to: firstname.lastname@example.org)
contact details for multiple entried organ for multiple entried organisations:
CIArb Chartered Institute of Arbitrators, London.
t: 00441-718-374.483, f: 00441-718-374.185.)
BUT NOTE CIArb Branch meetings: make direct contact with
local organiser, as above.
IIBLP Institute of International Business Law and Practice, at the
International Chamber of Commerce, Paris.
t: 00331-4953-2921, 00331-4953-2867 or 00331-4953-2853,
LCIA London Court of International Arbitration .
t: 00441-714-178.228, f: 00441-714-178.404
WIPO World Intellectual Property Organisation, Geneva.
t:0041-22-730.9111, f: 0041-22-733.5428
3. NEWS ITEMS:
Recent books, etc.:
: As with the Diary of Events the aim is only to offer a 'listings'
service. New publications will only be listed once:
CATO, D.Mark. The Sanctuary House Case:
An Arbitration Workbook.
Lloyds of London Press. ISBN: 1 85044 853 1. Hard cover. Two volumes
1300 pages. 125 GBP.
HULEATT-JAMES, Mark & Nicholas GOULD. International
Arbitration - A Handbook. Lloyds of London Press. ISBN: 1 85978 022 9.
Soft cover. ? pages. 35 GBP.
ARBITRATION & DISPUTE RESOLUTION LAW NEWSLETTER. Editor Andrew
Lloyds of London Press. ISSN: 1361-3308. 4 to 8 pages, 10 p.annum.
245 GBP p.a.
GBP = pounds Sterling.
Dr Ignasi Guardans -who many readers will remember as a speaker a will remember as a speaker at
the CIArb European Branch Barcelona meeting (Spring 1995)- whilst still
retaining his links with the law practice of Gomez-Acebo y Pombo, will be
devoting most of his time to politics. He stood in the recent Spanish
General Election, but the editor has not yet heard the local results!
4. FEATURE ARTICLE:
Date: Mon, 4 Mar 1996 10:18:04 -0500 (EST)
From: Paul Evan Peters <email@example.com>
Subject: Announcement of the Virtual Magistrate
Attached please find tached please find a press release announcing
of the Virtual Magistrate Project. CNI is facilitating discussion
of this project, and I encourage your attention to it. Let me know
if you have any observations or suggestions that you would like me
to pass on the project's organizers.
Paul Evan Peters
Coalition for Networked Information
: 21 Dupont Circle
Washington, DC 20036
PRESS RELEASE PRESS RELEASE PRESS RELEASE PRESS RELEASE
For Immediate Release, March 4, 1996
Virtual Magistrate Established for the Internet
Voluntary Dispute Resolution for Network Conflicts
A newly established Virtual Magistrate
Project will assist
in the rapid, initial resolution of computer network disputes.
The specialized system of online arbitration and fact-finding was
:announced by Timothy C. Leixner, Chairman of the Board of the
National Center for Automated Information Research (NCAIR) which
is funding the pilot project. The Fellows of the Cyberspace Law
Institute helped in the development of the project.
"Millions of people around the world communicate
business on computer networks," said Mr. Leixner in announcing
the project. "Disputes are inevitable, and existing courts can
be too slow, too cumbersome, and too local to have global effect.
We need to explore new forms of dispute resolution, provide
timely relief, and develop appropriate sanctions that are
suitable for worldwide computer networks. That is the purpose of
the Virtual Magistrate Project."
A pool of neutral arbitrators with experience
inators with experience
in the law and
in the use of computer networks will serve as the Virtual
Magistrates. The magistrates (who do not have to be lawyers)
will be selected jointly by the American Arbitration Association
and the Cyberspace Law Institute, and will undergo training in
Complaints will be accepted through either
electronic mail or through a form on the Virtual Magistrate's
:World Wide Web site. Internet users, system operators, and
others affected by network messages, postings, and files may be
the source of complaints. Initially, the Virtual Magistrate will
decide whether it would be reasonable for a system operator to
delete or otherwise restrict access to a challenged message,
posting, or file.
Objections may be based on copyright or
infringement, misappropriation of trade secrets, defamation,
fraud, deceptive trade practices, inappropriate (obscene, lewd,
or otherwise violative of local system rules) materials, invasion
of privacy, and other wrongful content. At a later date, the
Virtual Magistrate may accept complaints about other network-
The need for a fast and accessible resolution
of disputes is
highlighted by ongoing litigation involving Netcom On-Line
Communications Services and the Church of Scientology. The
Church alleged that postings made by a Netcom user infringed on
the Church's copyrights. The case is before federal district
court, and a lengthy proceeding is expected. Arbitration though
the Virtual Magistrate Project might have been able to offer an
independent assessment of whether there was infringement. Prompt
:identification of reasonable responses for system operators would
clearly be beneficial to all. Use of the Virtual Magistrate for
immediate resolution of disputes would not preclude traditional
An impartial magistrate will be assigned
to each complaint.
Proceedings will normally take place through electronic mail.
The goal is to reach a decision within 72 hours (three business
days) whenever possible. Information on cases decided by the
Virtual Magistrate will be publicly available at a World Wide Web
site maintained by the Villanova Center for Information Law and
Policy at <h
Policy at <http://vmag.law.vill.edu:8080/>. Other documentation
for the Project is available at the same Web site.
David Johnson, Co-Director of the Cyberspace
said: "The Virtual Magistrate Project is not a solution to all
network problems. Some matters will inevitably end up in
traditional courts. If the Virtual Magistrate Project can
contribute to the swift, inexpensive, and fair resolution of some
disputes, then it will be a success."
Paul Evan Peters, Executive
Director of the Coalition for
Networked Information, a diverse partnership of over two hundred
:institutions and organizations promoting the scholarly and
intellectually productive uses of the Internet commented: "This
project promises an extremely important and much needed
alternative to legislation, contract negotiation, and litigation
for addressing the uncertainties that we should all face together
in the rapidly evolving networked resource and service
The Virtual Magistrate Project is a pilot
Adjustments to the rules and procedures will be made based on
experience. The Project will be evaluated by the participants at
a conference to be convened by NCAIR and CLI in May 1996, and
decisions will be made about finding a more permanent structure
and funding. NCAIR has made $75,000 available for the operation
of the pilot.
NCAIR is a non-profit, educational corporation
engaged in the study and application of technology to the to the
legal and accounting professions since 1966.
The American Arbitration Association (AAA)
public-service, not-for-profit organization offering a broad
range of dispute resolution services to corporations, attorneys,
:insurers, individuals, trade associations, unions, consumers, and
all levels of government. AAA has been an international focal
point for private dispute resolution since arbitration became an
acceptable alternative to courts in the 1920s.
George Friedman, Senior Vice President of AAA said: "Given
the increasing inaccessibility of the court system and the
explosive growth of online technology, it is quite appropriate
that an effort would be made to develop a means of resolving
disputes simply and quickly online. The American Arbitration
Association is delighted to be a founding partner of the Virtual
Magistrate Project, which will undoubtedly pave new ground in
advancing alternative dispute resolution."
The Villanova Center for Information Law
and Policy will
maintain a public online repository of Virtual Magistrate
complaints, decisions, and documents. The Villanova Center will
also maintain electronic discussion groups for magistrates,
participants, and other interested parties, and it will work
jointly with AAA to prepare training materials. The Villanova
Center is at Villanova University School of Law, near
Virtual Magistrate Project, Robert Gellman, Executive
Director, 202-543-7923, firstname.lastname@example.org
Law Institute, David R. Johnson, 202-496-
9523, email@example.com; David Post, 202-364-5010,
Center for Informatiova
Center for Information Law and Policy, Henry
H. Perritt, Jr., Professor of Law, 610-519-7078,
Center for Automated Information Research:
Timothy C. Leixner, Chairman of the Board, 954-462-3300
Arbitration Association: George Friedman,
Senior Vice President, 212-484-4120, firstname.lastname@example.org
Electronic Addresses for the Virtual Magistrate Project
VM Web Page:
: AAA Web Page http://www.adr.com
VM Operations: email@example.com
AAA Administrator: firstname.lastname@example.org
VM Executive Director: email@example.com
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EUROPEAN ARBITRATION is the trade mark of the publisher, its entire
are the copyright the publisher and individual contributors. Permission is
granted for not-for-profit, electronic redistribution and storage ofbution and storage of the
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END OF THIS ISSUE.