EA08

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                   *     &;                     *
                   *       EUROPEAN        *
                   *      ARBITRATION      *
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                   *       issue  8.       *
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    &;                                                     August 30th, 1996.
:CONTENTS

1.  Introduction

2.  Diary of Arbitral Events.

3.  News items.

4.  Feature Article:
 

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

1. INTRODUCTION:

        A general 'thank you' to everyone who has e-mailed into the office
with comments and suggestions for EA. I hope you will see some of those
ideas implemented over the coming months. It is also reassuring to know that
EA is being read out there!
        Obviously mail "for the editor's eyes only" is welcome. Equally I am
keen to encourage correspondence on matters arbitral. As probably (are we?)
the only monthly arbitration journal outside the USA, EA would seem the
ideal vehicle for discussions. Quarterly journals seem  rarely to be able to
be able to
:support more than a couple of exchanges in a debate. In future, incoming
mail will be presumed to be for publication unless obviously administrative,
or marked as not for publication.
        I look forward to seeing issues (other than, alright as well as,
fees) being raised!
        August is reputedly a quiet month, the diary has though shown a few
changes. In response to the time of year, our feature article is somewhat
lighter in tone.
        Also, ... last but by no means least, EA backissues -see news
section- are becoming available at a website.

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

          sp;               +++++++++++++++++++++

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.

                PLEASE see important note below,
                 before using any of this info.

1996:
-----

Sept. 3-12   CIArb, Diploma in Int'l Comm. Arb., Summer School.
             Keble College, Oxford, England.

Sept. 9-13   Internationa-13   International Commercial Arbitration. PIDA of the IIBLP (ICC)

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      'La Mediation', at: CETEL, Faculte de Droit, UNI-MAIL,
              CH-1211 Geneva 4.  Fax: 0041-22-705 8414.
             A one-day conference in French.

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.
             Besides the general discussion sessions there will also be a
             session (on Saturday afternoon) to discuss draft amendments
             to the LCIA Rules.

Oct. 18-20   CIArb/DIS. Special Fellowship Course, Berlin.

Oct. 20-25   International Bar Association, Berlin.

Oct. 23-27   SPIDR Annual Conference: Focus on the Future: Leading the Way
             to Dispute Resolution in the 21st Century. Anaheim, California.
             Soc.of Professionals in Dispute Resolution.Fax 001-202-783-7281

:November     Mediation Training Course. (likely duration 4 days)
             European Network for Dispute Resolution.
             locations: ?southern France.   Contact Burt Campbell.
             0033-90.62.43.08    fax: -90.62.38.82.

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

Nov. 14-16   CIArb. Special Fellowship Course. Paphos, Cyprus.

Nov. 15      ICC/AAA/ICSID Thirteenth Joint Colloquium, New York.
             'The Role of Party Autonomy in International Arbitration.'

Nov. 15-16   WIPO Workshop for Arbitrators, Geneva. Instructors: Serge
             Lazareff, Arthur Marriott. Jan Paulsson, David Plant, Albert
             Van de Berg, and David Wagoner.

Nov. 16-18   CIArb. Entry Course.  Paphos, Cyprus.

Nov. ?18     Seventh Annual Goff Lecture. Lord Mustill. Contact HKIAC below
Nov. 19-20   Hong Kong (HKIAC, CIArbHK and City Univ.) two day conference.
             First day: Intellectual Property Disputes.
:             Second day: Construction Disputes.  Fax: HKIAC 00852-2524-2171.

Nov. 22-24   CIArb. S.F.C. and an Entry Course.  Edinburgh region.
 

1997:
-----

Mar. 6-7     ICC/ICSID/LCIA and Assoc.of Arb's(Southern Africa)
             Resolution of Int'l Trade and Investment Disputes in Africa.

April 10     Session on commercial disputes as part of ICC world congress
             (Shanghai).

May 16-18    European Branch of the CIArb. Biannual Meeting.
             Strasbourg, France.  Details to be finalised,
             and contact details to be notified.

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 frequently  cited organisations:
---------------
CIArb  Chartered Inst. Arbitrators, London.   71411.2735@compuserve.com
       BUT NOTE CIArb Branch meetings: make direct contact with
       --------                        local organiser, as above.
IIBLP  Institute of International Business Law and Practice,
        address to Louise Barrington via 101643.1223@compuserve.com
LCIA   (London)  t: 00441-714-178.228, f: 00441-714-178.404
WIPO   (Geneva)  t: 0041-22-730.9111,  f: 0041-22-733.5428

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

3. NEWS ITEMS:

European Arbitration in full colour(!):
---------------------------------------

        We jest not.
        Due to the kindness, and the dedicated work of Gerrard Bayly issue 7
:of EA is now available on a web site (in HTML). (That is HyperText Markup
Language, but don't worry if you have a web-browser, it understands, even
without knowing the acronyms!)
        Gerry is an arbitrator and chartered surveyor based in London. We
still have to meet (such is the 'Net!), and he has loaded issue 07. Due to
our antiquated system here I have sent him issues one to six on disc, in a
format that went out about the time I obtained my diploma ... I bought a
wonderfully durable laptop to do my diploma dissertation on, and it does
just fine for everything still, and I'll be ....ed if I'm buying a bigger
computer to store bigger software packages
just fine for everything still, and I'll be ....ed if I'm buying a bigger
computer to store bigger software packages, to run more complicated WP
packages, when all I wanna do is type.
        So the technological failings are (potentially) all at my end, but I
suspect Gerry has circumvented most of them, by now. For which a big thank
you.
        The general address is:
                         &nb;        http://idun.unl.ac.uk/~elm8bayly/ea.html
which is a wonderfully short web-site address by 'Net standards. Individual
issues can be accessed directly (but there is NO need as the above 'leads'
you into them) once loaded at:
                                http://idun.unl.ac.uk/~elm8bayly/eaX.html
where 'X' is the issue number (with no leading zeroes, i.e. X is 1, or 2, or
7, etc.)

:        Whilst the HTML version is undoubtedly more attractive, we will,
have no fear, continue mailing out issues. The roles are complimentary. This
electronic newsletter is I appreciate largely ephemeral, and like a daily
newspaper may be read, or binned. When you want backissues of a newspaper,
few of us rarely have more than a few copies and have to go off to the
library. So read or ignore the delivered version, now. Browse and research
the archived version, when you wish.
        The general licence for readers to keep electronic copies of EA for
their own use remains.
&use remains.
        As we go to press Gerry Bayly is on holiday. I hope he may write a
few words about himself and his arbitral interests on his return. Until then
my -and I suspect all our readers'- sincere thanks.

Directory:
----------
CIArb:   E-mail:    71411.2735@compuserve.com
         Homepage:  http://ourworld.compuserve.com/homepages/arbitrators

European Arbitration:
         E-mail:    mchapman@zen.dedal.fr.net
         backissues on:  http://idun.unl.ac.uk/~elm8bayly/ea.html

ICC:     E-mail:    101643.1223@compuserve.com
:         Homepage:  http://www1.usa1.com/~ibnet/icchp.html

Other entries for this column welcome!

ENDR, ENFA, Etc.
----------------
        The European Network for Dispute Resolution (ENDR)(see EA05, of May
20th) is to hold its General Assembly in Paris next month.
        The GA should see the approval of rules for ENDR Fast Arbitratis for ENDR Fast Arbitration
(ENFA), for ENDR Mediation (Euromediation) and progress of the project for
cross-border consumer arbitration in the EU (European Union).
        We hope to have full details in the next issue.

Publications:
-------------
        The Autumn sees notices of forthcoming texts on matters arbitral.

Bernstein, Tackaberry & Marriott. 'Handbook of Arbitration Practice', third
edition, is announced for publication next January (1997). Sweet & Maxwell.
ISBN 0 421 56540 3.

Chapman, M.J. 'Blackstone's Statutes and Rules on Commercial and Consumer
Arbitration', due October. Blackstone Press, London.
:
Harris, Planterose & Tecks. 'The Arbitration Act 1996', due September.
Blackwell Science. ISBN 0 632 04131 4. GBP 37-50.

        The Chartered Institute of Arbitrators (fax 0044-171-837-4185,
e-mail as above) has published various lectures:

Sanders, P. '1996 Alexander Lecture: Cross-border Arbitration A View on the
Future.' GBP 10. (On video GBP 20, state whether SECAM, NTSC or PAL.)

'Ronald Bernstein Lectures'. 1996 series, GBP 35. (Back issues, 1987-1990,

GBP 25 per year, 1995 GBP 10. Complete set, 1987-1995 GBP 100.)
 

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

4. FEATURE ARTICLE:

                 Fairy Stories and Arbitration
                 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%

        Fairy stories have a serious purpose: to confront the fears and
horrors that lurk in the shadows at the edges of our lives and experience.
:As we grow older the world begins to make more sense (or so I am told) and
thus the shadows recede towards the horizon, and fairy stories become a
thing of the past.
        Many still seem to see shadows at the edges of their professional
lives, and have tried to confront them in various ways. The fairy story with
its mild, benevolent satire is an ideal vehicle.
        Of late children's stories have become sanitised to the point where
the fear needing to be confronted has itself be confronted has itself been removed. A fight against
this trend has begun (epitomised, or is it satirised, in James Finn Garner's
'Politically Correct Bedtime Stories' (New York/London, Macmillan/Souvenir,
ISBN 0 285 6223 X). A book that has already drawn arbitral attention, having
been quoted at the 1994 Arbitration Club Annual Dinner in London, by the
President Mark Cato(!).

        The present writer must admit to having had something to do with
promoting the genre, but he admits to both not being alone, and not being
the first. A short bibliography is presented (to which additions would be
welcome) and then an example:

BIBLIOGRAPHY:

        'Age of Lags, The.'
             European Branch CIArb Newsletter 3(3),1-2.
:             Michael Chapman, 1995.

        '.............Dispute Resolution'
             European Branch CIArb Newsletter 3(4),3.
             John Sykes, 1995.

hn Sykes, 1995.

        'Dispute Resolution'
                  Arbitration News and Views 30, 21.
             John Sykes, 1996, (a reprint of the previous entry).

        'Just Touzany'
             European Branch CIArb Newsletter 4(4), 6-7
             1996.

        'Simplicity of Alternatives, The.'
             European Branch CIArb Newsletter 4(4),5.
             John Sykes, 1996.

        'Three Little Committees, The'
             Arbitration International 11(1), 98-99.
             'via', Howard Holzmann, 1995

        'UNCITRAL and the Seven Parliamentary Counsel'
:                 Arbitration International 11(1), 98-99.
             'via', Howard Holzmann, 1995
 

These are rather tenuously connected with English House of Lords judgements:

-The (in)famous (i.e he was right and the establishment wrong [or so some
say]) speech of Lord Atkin in 'Liversidge v. Anderson, 1942' when he
compared the warmongering (o.s.s.s.) minister of the interior ('Home
Secretary' to the English) with Humpty Dumpty. (Tcatless, anyway!)
-A sideways reference to the same author (the child-photographing Lewis
Carrol) by Lord Macnaghten in 'Eastman Photographic Materials Company v.
Comptroller General of Patents, Designs and Trademarks. 1898'.

I am grateful to John Sykes for the following:

EXAMPLE:
--------

                      The Simplicity of Alternatives.
                      ///////////////.\\\\\\\\\\\\\\\

   Readers will remember the pleasure with which the Common People accept the Common People accepted
:the GOOD IDEA of Alternatives so they would not need to bother with
Arbitrators or Judges.  Of course it would be necessary to have RULES so the
Altimen would not make mistakes  (and upset the King and his Judges and
Arbitrators again) but this would be easy ......
   Of course some of the Judges and Arbitrators were uneasy. As the Judges
had pointed  out earlier the rules for Arbitrators had to make it possible
for people to appeal to  Judges when Arbitrators made mistakes. Now the
Judges and the Arbitrators wanted to  be sure that if people became unhappy
with Altimen they could still refer to Arbitrators  and Judges. No one could
disagree with that so it must be in the RULES.
   Unfortunately it soon became clear that there were many different kinds
of Altimen,  there were Medimen and Conimen, Adjimen & Rajimen, Minimen and,
oh, many more,  and they all needed different RULES. Some of the VERY
SERIOUS Altimen were very  conscious of the importance and responsibility of
their work and they agreed that it  would be most unwise to let it be
thought that such important work could be done by  just anyone: they

recognised the need to make sure that only approved, qualified,  Altimen
should be allowed to meddle with (oops, sorry!) to attempt to solve people's
problems. After all, if mistakes were made it would become necessary to
pester the  Arbitrators and Judges again -and, perhaps, upset the King
again. So they organised a  complicated system involving training courses,
examinations and lists of approved  Altimen. Of course this involved a lot
of expense so it was necessary for budding  Altimen to pay for their
:training and being approved. This was very sad but obviously  necessary to
make sure the GOOD IDEA worked properly. In any case said one Altiman,  it
was similar to the story of Snow White and the Seven Dwarves*. When the
Seven  (who had been magnificent workers) became too old to dig-dig-dig
anymore Snow  White (who knew about the outside world) suggested that they
train new diggers (for a  fee) and sell spades and licences so that they,
the Seven, could still make a little money  on which to live without
digging any more. All the other Altimen said this was however a  silly story
and not in any way similar to the GOOD IDEA of training and approving
Altimen. So the work of planning and training went on and all went well for
a time ......
                            [to be continued?!]
                                                                        JKS
 
 

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

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END OF THIS ISSUE.