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                   *       EUROPEAN        *
                       *      ARBITRATION      *
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                   *       issue  4.       *
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:
                                                        March 31st, 1996.
CONTENTS

1.  Introduction

2.  D

2.  Diary of Arbitral Events.

3.  News items.

4.  Feature Article:  "Seizing the Initiative in Procedural Reform."
                      by  Michael P Reynolds.
 

                      +++++++++++++++++++++

1. INTRODUCTION:

        Well I didn't expect to be penning the fourth of these introductory
editorials before Easter, when I set publication off in the January of this
year. Your continuing encouragement and -not least- contributions continue
to sustain the publisher and the publication. Thank you!
        I had surprisingly little response about the 'Virtual Magistrate'
:initiative from the other side of the Atlantic. Perhaps its a mistake (my
mistake) to have confused the medium and the message. Magazines are read
more by readers than by authors, so a paper magazine with a discourse on
-say- authors' copyright would arguably not have wide appeal. The corollary
must be that we use the Internet very much as a tool, and ouvery much as a tool, and our fascination
with its development is as users rather than lovers of it.
        I already have drafts of a piece announcing a cross-border
arbitration scheme for small and medium sized businesses and/or business
disputes in Europe for the next issue. In this issue Michael Reynolds
reflects on English justice and Lord Woolf's proposals for some fairly
drastic surgery to civil procedure.

                                         Michael Chapman
                                         Publisher.
mchapman@zen.dedal.fr.net
 

                      +++++++++++++++++++++

2. DIARY OF EVENTS:

        All contributions to this DIARY are welcome. It is intended both to
be of use to the indivi 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 local interest.
        Also -subject to reader feedback- the emphasis is European. However
as the Diary is intended to help in scheduling meetings, it will include
major world events.

All these dates are 1996:                PLEASE see important note below,
-------------------------                  before using any of this info.
 

April 26-27  CIArb: Adjudication Training.

May 3-5      LCIA European Council Symposium Tylney Hall, Hampshire,
             England.  Symposium president: Professor Boeckstiegel
             (LCIA President). Session chairmen include: Sir Michael
      &nnbsp;          Kerr (Hon.Pres.LCIA) and Maitre Devolve (President
             European Council, LCIA).

May 11       London Branch CIArb: 'Arbitrators Surgery'.
             Contact: Keith Ferry, on fax: 00441-819 935 985

:May 15       CIArb: 'The 1996 Arbitration Bill' at the
             Cumberland Hotel, London.

May 23       CIArb Branch Officers' Meeting, London.
              -internal ('closed') administrative meeting.
May 23       CIArb Annual General Meeting, London.
              (Members' formal business meeting.)

May 24-26    European Branch of the CIArb. Biannual Meeting, Lille.
             Friday evening until Sunday lunchtime.
             Contact: M Chapman on: mchapman@zen Chapman on: mchapman@zen.dedal.fr.net

May 28-29    Mediation Training, WIPO, Geneva
May 30-31    Mediation Training, WIPO, Geneva.

May 30-31    'Dispute Resolution in China and Hong Kong' a conference
             organised by EuroForum 00441-718 786.888, fax: .999 at the
             Waldorf Hotel, London. Chairman Lord Donaldson.

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 Practice (IIBLP)
:              Workshop on:  "International Commercial Arbitration", Paris.
             Many distinguished speakers, the Chairmen include: Pierre
             Lalive, David Sarre, Serge Lazareff, Lord Mustill, and
             Pierre Karrer. Pierre Karrer.

June 13-15   CIArb, Annual Meeting,
             Tudor Park Hotel, Maidstone, Kent, England.
             (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, Paris.
             ''Does the current system of Maritime Arbitration properly
             serve the interests of the users? Is there a preference that
           &n;     the Courts decide maritime disputes? If not arbitration or
             Courts, then what ADR may better satisfy user needs?
             Mediation, Conciliation or ...?''
             (contact: Chambre Arbitrale Maritime de Paris,
                          fax: 00331-45.62.00.17)
:
June 26-28   LCIA, Conference and Symposium.   Bermuda.
             Wednesday, evening cocktail. Thursday conference:
             'International Arbitration Reforms and the Growth of World
             Trade'. Friday: symposium.

July 12      CIArb: Adjudication Training.

Sept. 2-12   CIArb, Diploma in Int'l Comm. Arb., Summer School.
             Keble College, Oxford, England.

Sept. 26-28  CIArb, Conference.  Boston, U.S.A.
             (See also: http:\\ourworld\compuserve\homepages\hartwell)

Oct. 10-13   ICCA 1996 Conference: 'Towards an International Arbitration
             Culture', Korea. Contact: Korean Commercial Arbitration Board
             (fax: 00822-551-2020)

Oct. 18-20   LCIA European Council Symposium, Potsdam, Germany.

Nov. 8-10    European Branch of the CIArb. Biannual Meeting, Rome.
             Contact: Dr.Ing. Renato Casalotti  (t/f: 0039-2.55700500)

:
Please CONFIRM all details directly with organisers, the above material is
drawn from various sources and should not be relied on by itself(!).

NO apologies are made for meetings omitted. If this Diary is to be
efficacious it needs your contributions, please. (In the same format as
above to: mchapman@zen.dedal.fr.net)
 

contact details for multiple entried organisations:
---------------

CIArb  Chartered Institute of sp; 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,
        f: 00331-4953-2938.
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:

Meetings: <

Meetings:
---------
        I am tempted to start offering prizes. The Paris maritime meeting
must have the longest title(?), but I like it ... and it is a five day
meeting! (I was criticised for 'too long' a title on my diploma dissertation
many years ago ... a bit rich considering I knew only my supervisor and the
examiners were ever likely to read it.)
        One meeting is advertised with two lunches. One (only) of which is a
'networking lunch'. Has anyone ever been to any other sort of lunch? (More
pointedly is the second lunch a 'sullen lunch'?)
        I await for our own omissions and commissions to be highlighted ...
my recent reference to 'avialable parking space' brought an enquiry as to
aircraft parking facilities. Still to an actual meeting:

European Branch of the CIArb, Spring Meeting (Ninth Biannual Meeting),
----------------------------------------------------------------------
: Lille, northern France, May 24th-26th:
---------------------------------------
        The EB will hold its ninth biannual meeting in Lille this Spring.
The first two t>
The first two meetings were held in Paris and Brussels, and thus Lille as a
'mid-point' is a suitable venue now the Branch has reached maturity and is
thriving. Lille can also claim to be a mid-point not only between these
capitals but also between them and the city of the Institute's own
headquarters: London. High speed trains link all three cities to Lille.
        Lille is also the home city of CAREN the regional 'Cour d'Arbitrage'
and we are most pleased that Maitre Veroone, president of CAREN will be one
of the distinguished guests at Saturday night's dinner. Geoffrey Beresford
Hartwell, due to have been inaugurated as Institute Chairman in London the
previous day will also be attending. Guests and delegates will be welcomed
by Branch Chairman Eur.Ing. John Sykes.
        Full details are available, but as some guidance as to price: The
hotel (the four star Alliance situated in the 'Couvent des Minimes') is
charging 2495 FRF per delegate and 1200 FRF for accompanying persons. This
covers from dinner Friday evening through until Sunday lunch.
(Accommodation, breakfasts, lunches, dinners, reception on Saturday evening,
conference facilities and conference facilities and refreshments.) The Branch asks for a contribution
of 60 pounds (10 pounds spouses) towards overheads in addition.
        The social programme includes a guided tour of Lille on Saturday
morning (for spouses) and to a local industry (a Genievre distillery) (for
:everyone) on Saturday afternoon. A (accompanying persons') programme for
Sunday morning will be provided if demand is sufficient.
        The core of the meeting is the opportunity for informal discussions
and meetings that it provides. Indeed one of these 'informal' meetings has
now taken on such formality that it issues a report of its meetings: the
group interested in mediation traditionally meets before the Saturday
dinner. Burt Campbell (gerant of ENDR) will chair this conference's meeting.
The 'formal' part is the two (Saturday and Sunday) morning sessions. Here
(besides a brief Branch AGM on the Sunday morning) the principal is to have
a 'round table' discussion with a chairman (not so much to chair as to
moderate and encourage) and a rapporteur, who sums up at the end of the
session.
        A list of discussion topics is being preparesion topics is being prepared, but much will depend
on topics suggested by delegates .. and any contemporary arbitral
developments.
 

Recent books:
-------------
D.Rhidian Thomas 'Default Powers of Arbitrators'. c.200pp. hard cover, ISBN
1 85978 029 6, Lloyds of London Press. 95 GBP.
 

:CIArb on the 'Net:
------------------
        Apologies, in EA02 I gave the E-mail address of the CIArb (this is
71411.2735@compuserve.com) noting that as yet usage is 'trial' and an
immediate response should not be expected. The Chairman designate, Geoffrey
Beresford Hartwell,  has pointed out that the Institute also has a WWW-page.
I will give the locator for this as soon as I have it. In the meantime
GMBH's own 'page' is at: http:\\ourworld\compuserve\homepages\hartwell

Personal News:
--------------
        I am happy to report that Patrick O'Loughlin of Basel is recovering
well (in Dublin) after a very nasty fall he had whilst in London. This
necessitated a longish period in hospital, but he is now out recuperating.
Our very best wishes to him.

The Alternative Newsletter:
-------wsletter:
---------------------------
        Is a mine of information on dispute resolution ... and shows the
advantages of paper for random access of voluminous amounts of intricate
details of news, articles, a calendar, and reviews of literature (other
periodicals and books).
        Subscription details are available from: Mistofoles@aol.com
:        The latest issue indicates subscriptions are $10 per year (which is
:certainly very good value) but suspect overseas postage may be extra.

The Moderator:
--------------
        Is the new (January 1996 is Issue 2) journal of the (relatively
newly formed) Indian Society of Construction Law. The Society can be
contacted at (fax): 0091-11-646-5422. Jim Neville -lately of Paris- is a
member of the Executive Committee of ISCL.

                      +++++++++++++++++++++

4. FEATURE ARTICLE:

          Seizing the Initiative in Procedural Reform.
                                   by
           Michael P Reynolds MSc, FCIArb, Solicitor.
          [Head of Construction and Engineering Group,
                     Jeffrey Green Russell.
                  Internet:  jgr@jgrlaw.co.uk]

Civil procedure in England is coming under intense scrutiny and realistic
appraisal by Lord Woolf and his Working Group. At the same time Lord
Justice Saville has produced a masterly appraisal of arbitration law by
:way of a report on the proposed Arbitration Bill that could be passed
through its Parliamentary stages by the Summer.

All this initiative is clearly driven by consumer demand and the dynamic
impetus of the English judiciary. To what extent they are influenced by
their European colleagues is not known but there is some evidence of a
deep appreciation of comparative law and systems behind the ideas for
procedural reform. e.g: the idea of attaching relevant documents to
witness statements upon which a witness intends to rely. Something
similar possibly to a dossier of evidence. Indeed quite a number of ideas
together with the appointment of Lord Justice Scott as responsible for
implementation would appear to herald a positive interest in inquisitorial
procedures. There are many other ideas that are gaining ground e.g.:
Court appointed experts; national lists of experts, and the appointment of
one expert for both parties.
In relation to Woolf consideration is being given to:
1. A fixed timetable of procedural stages with a hearing date fixed at the
    commencement of the action;
2. Whether proceedings should be struck out for breach of timetable or
    costs awarded against the defaulting party;
3. A fixed level of costs and whether that should be tied to a percentage
    scale related to value;
4. Protocols for the pre-issue conduct of cases;
:5. Standard forms of statement of case;
6. The possible use of standard questionnaires as witness statements,

The significant point is that all these ideas come from those engaged in
litigation. These ideas are possibly in use already in some domestic or
international arbitrations but there does not seem to be any urgency in
the arbitration community to promote procedural reform in the same way
as in litigation. Is it because non-lawyer arbitrators do not "want to
rock the boat" [as it was put to me recently] or is it because the
arbitration community is complacent and will sit back whilst the user
 is attracted to other suggested ideas for dispute resolution.

At the end of the day this may not be a failing of any particular system
but a failure by all of us who practice as arbitrators to maintain the
confidence of the user and to have the courage of conviction in
promoting the best procedure applicable to a given case.
 

                      +++++++++++++++++++++

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END OF THIS ISSUE.