>                    *************************
>                    *                       *
>                    *       EUROPEAN        *
>                    *      ARBITRATION      *
>                    *                       *
>                    *       issue  5.       *
>                    *                       *
>                    *************************
>
>
>                                                         May 20th, 1996.
> CONTENTS
:>
> 1.  Introduction
>
> 2.  Diary of Arbitral Events.
>
> 3.  News items.
>
> 4.  Feature Article:  "The European Network for Dispute Resolution and
>                       'ENFA' -European Network Fast Arbitration,
>                       a simplified procedure for the resolution of
>                       small and medium sized cross-border disputes in
>                       Europe."
>
> ANNEX:    Exemplary or Punitive Damages.
>
>
>                       +++++++++++++++++++++
>
> 1. INTRODUCTION:
>
>       A rather late issue! My apologies your editor has been heavily
> involved in preparations for the CIArb European Branch Meeting in France
> (later this week).
:>       The delay has allowed a few new entries for our Diary.
>       We also have a feature on cross-border arbitration in Europe, as
> well as a request for information to assist research on non-compensatory
> damages.
>
>                                          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 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:        &n
> major world events.
:>
> All these dates are 1996:                PLEASE see important note below,
> -------------------------                  before using any of this info.
>
>
> May 24-26    European Branch of the CIArb. Biannual Meeting, Lille.
>              Friday evening until Sunday lunchtime.
>              Contact: M Chapman on: 0033-72.02.43.38
>
> 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.
>
> June 13-15   CIArb, Annual Meeting,
>              Tudor Park Hotel, Maidstone, Kent, England.
>
> 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.        CIArb 'Special Interest Group' on AGRICULTURE.
>              date to be confirmed, London.
>
> 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
>              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 4       'Arbitration Bill/Act'. One day meeting, London.
>              IBC 0044-171-453-2711. fax: -631-3214.
>
> July 12      CIArb: Adjudication Training.
>
> July 21-26   'International Commercial Arbitration', Eynsham Hall, Oxford.
>              The Study Group for Int'l Comm.Contracts. 0044-181-785-7050
>              fax: -7649.
>
> Sept. 2-12   CIArb, Diploma in Int'l Comm. Arb., Summer School.
>              Keble College, Oxford, England.
>
> Sept. 17-18  'Telecommunications for Arbitrators and Mediators', Geneva.
>              Contact: Maggie Frances, InterConnect Communications, Merlin
>              House, Station Road, GB-Chepstow-NP6 5PB.
>              Tel: +44 1291-620 425, FAX:  -627 119
>
> Sept. 26-28  CIArb, Conference.  Boston, U.S.A.
:>
> 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.
>
> Oct. 18-20   CIArb/DIS. Special Fellowship Course, Berlin.
>
> Nov. 8-10    European Branch of the CIArb. Biannual Meeting.
>              Hotel Ambasciatori, 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)
>
>
> ntributions, please. (In the same format as
> above to: mchapman@zen.dedal.fr.net)
>
>
> contact details 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,
>         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:
> ---------
>
>
> 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 week. A
> report will appear in a future issue of EA.
>
>  Telecommunications for Arbitrators and Mediators
>  ------------------------------------------------
>       The telecommunications sector is the fastest growing sector of most
> industrialized economies, and it is one of the largest industries in the
> world today.  It is also undergoing rapid and fundamental change in legal
> and regulatory structure, competitive relations, and technologies. Although
> traditionally the sector has been characterized by relatively few disputes,
> it is expected that the current transformation will lead to a more
> competitive, and thus more dispute-prone environment.
>       The purpose of this seminar is to give participants a basic working
> knowledge of the telecommunications sector, its past structure, its likely
> future evolution, and the potential for increased use of international
> arbitration and other dispute resolution techniques.
>       At the end of this seminar, participants should be able to
> understand and participate knowledgeably in discussions concerning a broad
> range of telecommunications issues.
>       Topics to be covered include:
:> - How privatization and deregulation will affect the sector, which has
> traditionally experienced relatively few disputes
> - Key legal and business issues in privatization, deregulation, and
> commercialization: licensing regimes, interconnection, equal access
> provisions, and so forth
> - Emerging legal issues: intellectual property in a network environment,
> electronic commerce, and so forth
> - How standards and technology shape the sector and affect users, network
> operators, and equipment suppliers
> - Case studies of typical international telecommunications contracts and the
> disputes that have arisen recently
> - Future options for dispute resolution in the sector
>       The seminar will be conducted by Dr. Richard Hill and John
> Watkinson.  Richard is a telecommunications expert, former chair of the
> European EDIFACT Board, former editor of X.435. John has qualified both as a
> solicitor and a barrister and has extensive experience in telecommunications
> legal and regulatory issues, advising governments in several European
> countries.
> Dates: September 17 and 18, in Geneva (this is just before the Geneva Global
> Arbitration Forum, organized by Jacques Werner).
>       For more information see contact details in Diary above.
>
>         Maggie Frances, InterConnect Communications
:>         Merlin House, Station Road
>         Chepstow NP6 5PB, Gwent, UK
>         Tel: +44 1291 620 425, FAX: +44 1291 627 119
>
>
> Exemplary or Punitive Damages
> -----------------------------
>       Geoffrey Beresford Hartwell, a regular supporter of this publication
> is collecting material on this topic (including but by no means confined to
> RICO!).
>       He intends publishing his results on the Internet.
>       A synopsis of his query is in the final ANNEX to this edition. A
> fuller text is available from Geoffrey. Please contact him if you want the
> full text, or if you can answer any of his queries for any jurisdiction (or
> -as he says- none).
>
> Recent books:
> -------------
>       No details received.
>
> Correspondence course:
> ----------------------
>       A correspondence course on arbitration is being offered by 'Advanced
:> Training Services' contactable bybsp;   A correspondence course on arbitration is being offered by 'Advanced
:> Training Services' contactable by fax on 00441-622-670-320.
>       The course is aimed at those studying for the CIArb papers 'B'
> and/or 'C'. The course is based on the Law of England.
>       [Surprised no-one has offered 'training by Internet' yet ... but,
> then, perhaps I've missed it? Ed.]
>
>
>
>                       +++++++++++++++++++++
>
> 4. FEATURE ARTICLE:
>
>
>                "The European Network for Dispute Resolution and
>                   'ENFA' -European Network Fast Arbitration,
>                  a simplified procedure for the resolution of
>                 small and medium sized cross-border disputes in
>                                        Europe."
>
>       There follows a short history of ENDR, and outline details of the
> 'fast arbitration' system and the proposals for mediation. Rules for these
> are in their final text and are due to be approved by the ENDR General
> Assembly in Paris in early May. Anyone requiring copies of these or of model
:> clauses for contracts should contact ENDR.
>       The ENDR secretariat is in Bordeaux, at the Chamber of Commerce and
> Industry of Bordeaux (CCIB). Besides its headquarters in France, ENDR has
> local representative offices in Spain, Italy and Britain. English speaking
> enquirers should contact the London address (at the end of this piece) in
> the first instance.
>
>
>          EUROPEAN NETWORK FOR DISPUTE RESOLUTION  E.E.I.G.
>          RESEAU EUROPEEN D'ARBITRAGE ET MEDIATION G.E.I.E.
>
> The European Network for Dispute Resolution is a 'European Economic Interest
> Group' established under Eu>> Group' established under European Union law. The purpose of the EEIG
> structure is to allow legal entities from more than one EU state to work
> together for a common purpose.
>
> ENDR was formed at Lille (northern France) at the annual conference of the
> then Club de Eurometropoles (now EUROCITIES) in November 1994. The legal
> process of the creation of statutes and the registering of these with an EU
> member state has not proved simple. The EEIG will have its registered
> address in Bordeaux, and registration is now (March 1996) almost complete.
> Representative offices will also be in Bilbao, London and Turin.
>
:> The members of ENDR are:
> Camera Arbitrale del Piemonte (Turin)
> CAREN (Lille)
> CARMED (Marseille)
> CEDR (London)
> Centre d'Arbitrage de Bordeaux Aquitaine (CABA)
> Centre d'Arbitrage Rhone-Alpes (Lyon)
> Chambre Arbitrage de Toulouse
> Chambre de Commerce de Trevise
> Chartered Institute of Arbitrators (London)
> Corte de Arbitrajede (Murcia)
> Tribunal Arbitral de Barcelona
> Tribunal Arbitral de Commercio de Bilabo (and
> the Centre des Arbitres des Avocats, Bilbao)
>
> ENDR
>
> ENDR is a combination of the Tertiary Discussion Group on arbitration of the
> Club des Eurometropoles and of the CARA/CIArb Mediation Steering Committee
> (set up by Messrs Sage and Campbell in Lyon in September 1994).
>
> ENDR sees its role as facilitating the resolution of cross border disputes
> within the European Union. Its own members, and other well-established
> centres, have rules and systems for settling large international disputes.
> ENDR does not see its role as the promotion of these well established
:> services, nor to attempt 'harmonisation' of procedures in this area. There
> is though a great need for simple, economic and efficacious systems for the
> resolution of small cross-border disputes. These will typically be between
> smaller companies (PME's, 'petites et moyennes enterprises').
>
> Rules have thus been prepared for the following services:
>
> EXPEDITED ARBITRATION:
>       The rules are aimed at disputes of less than 100,000 ECU
> (approximately 80,000 pounds). The model clause allows the parties to opt to
> continue using the rules for a larger dispute, or in default to use the
> standard rules of their chosen andard rules of their chosen centre, or the UNCITRAL (the UN Commission on
> International Trade Law) Rules.
>       The arbitrator's award is based on documents and a one day hearing.
> The cost envisaged is of 1,000 ECU to be shared equally between the parties.
> (Parties will also bear the costs of their own advisers and of their
> attendance at the hearing.) The aim is to offer a simple fixed cost system.
> It is appreciated that in the initial years this will involve some pro bono
> work by arbitrators and secretariats as well as local centres making venues
> for hearings available without charge.
>
> MEDIATION:
>       An optional mediation phase may be selected to proceed the above
:> arbitration.
>
>       Copies of the Rules for the above will be available after the
> General Assembly of ENDR in May 1996. Copies of suitable clauses (for
> placing in contracts) are currently available from ENDR.
>
>
> Discussion is taking place with regard to the preparation of a system for:
>
> DOCUMENTS-ONLY ARBITRATION OF CROSS-BORDER CONSUMER DISPUTES:
>  &nbS:
>       A scheme is under discussion to allow for 'documents only'
> resolution of disputes between consumers and suppliers. It is envisaged that
> documents would be submitted in two or more languages (e.gg. An English
> holidaymaker renting a holiday home in France from a Dutch owner and either
> party presenting letters from persons local to the property in French; or, A
> Dutch consumer buying goods in Germany for their French mother-in-law as a
> present, she then reports them as faulty).
>       It is planned that the Committee reviewing this area will report
> during 1996. It is in contact with the EU Commission's staff studying
> consumer 'access to justice'.
>
>
>
:>
>       The European Commission (DGXXIII) has made a generous grant to cover
> part of the establishment costs of ENDR.
>
>       Formal booklets, etc., describing ENDR's services will be available
> later in 1996.
>
>
> For further details please contact the local representative office:
>       E.N.D.R. Office,
>       attn: Miss Anne Kenny,
>       International Arbitration Centre
>       24 Angel Gate, City Road, London EC1V 2RS
>       tel: 0171-837 4483      fax: 0171-837 4185
>
>
>
>                       +++++++++++++++++++++
>
>
> ANNEX:
>
> Exemplary or Punitive Damages
:> -----------------------------
> Geoffrey Beresford Hartwell is researching the principles which support or
> do not support the award or negotiation of Exemplary or Punitive Damages in
> ADR proceedings and particularly in Arbitration. The product will be an
> essay which he hopes to place on a web page.
>
> Replies please to:   damages@hartwell.demon.co.uk
>
> Particular requests he makes are (and they relate to all jurisdictions - and
> none? - see request 8):
> -- 1. Any information on relevant statutory provisions and the way in which
> Courts invoke them.> Courts invoke them.
> -- 2. Whether, in your experience, Courts in one Country, if asked to
> consider the law of another, will themselves invoke quasi-damages issues.
> -- 3. Whether an Arbitrator has a duty to apply quasi-damages provisions if
> they are invoked (in domestic or in International Arbitration).
> -- 4. Whether an Arbitrator has a duty to invoke quasi-damages provisions ex
> proprio motu. (i.e. why should this private appointee concern himself (or
> herself) with the public weal?)
> -- 5. (And I suppose this is one basis for the response to the two preceding
> questions) Is it reasonable to assume that parties who contract to arbitrate
> or to adopt some other ADR procedure have ipso facto agreed that the
> Arbitrator or other neutral third party should contemplate draconian
:> provisions which may be implied in their principal contract by law, but have
> not been incorporated in the Arbitration/ADR agreement in terms.
> -- 6. Where there is a multiplier which increases certain kinds of damages
> by operation of law, would it be correct, or even possible, for an Award to
> set out the proven damages, leaving the operation of law :outside the
> working of the reference itself (i.e. to a Court)? In prself (i.e. to a Court)? In practice, how could
> that be achieved? Could I, for example, take an Award in my favour to a
> Court for enforcement, making application for the Award to be increased by
> the enforcing Court under the relevant statute? I am bound to say that, on
> the face of it, it would seem not.
> -- 7. Examples of enforcement or refusal of enforcement of Awards of
> quasi-damages under the New York Convention of 1958 would be particularly
> appreciated.
> -- 8. Would you consider it to make any material difference if an
> International reference were to be "according to general principles of law",
> or some such phrase, and not clearly seated in a particular jurisdiction?
> Would the offending party still be subject to punitive measures either a) in
> his own domicile or b) in the innocent party's domicile or c) in any other
> country where assets were available for exequatur (assuming that one or
> other of those states had a relevant statute)?
>
> A fuller discussion document is available on request from Geoffrey.
>
:>
>                       +++++++++++++++++++++
>
> 'European Arbitration' is free to readers.  To subscribe, or to unsubscribe,
> send a free text e-mail message to:
>      mchapman@zen.dedal.fr.net
> with the title 'E-A subscribe' or 'E-A unsubscribe' as appropriate.
>
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>
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>
> END OF THIS ISSUE.