EA09

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                   *       EUROPEAN        *
                   *      ARBITRATION      *
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                   *       issue  9.       *
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                                                   October 7th, 1996.
CONTENTS

1.  Introduction

2.  Diary of Arbitral Events.

3.  News items.

4.  Letters to the Editor.
 

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

1. INTRODUCTION:

        The need for better arbitral communication was emphasised to me
:recently when I came across the United Kingdom's rbitration (Scotland)
Bill', which looks as if it may become an arbitration Act in 1996. I had
presumed it was I alone labouring in the dark, but no-one I have mentioned
it to -as yet- either knew that the law of arbitration in a major European
jurisdiction was on the verge of codification at least, if not changing.
        I had thought of including a feaught of including a feature article on the Bill. Such might
better wait until the Act with any amendments is finalised. Also it would be
difficult to compose such an article without unfair comparison between its
thirty-four (34) clauses and the one-hundred-and-ten (110) sections of the
English Act
        There are a few hoice' clauses. The problem of  n writing'
is neatly solved by "An arbitration agreement may be oral or in writing",
but it has to be said that this is not a clever attempt to avoid lengthy
drafting, but rather reflects a long tradition of oral agreements in
Scotland. They work there, their importation into other jurisdictions might
not meet with similar success(!).
        I also rather liked the catch-all afety-net' of "in any arbitration
by an arbitral tribunal with two or more members the tribunal may, if it
fails to reach a decision, nominate an oversman [umpire] to decide the
reference or matters on which it has failed to reach a decision". (The Bill
proposes changing Scottish use from rbiter' to rbitrator', but retaining
versman'.)
        A section of the English Act has the margf the English Act has the marginal title     mmunity of
:arbitrators', again Scotland is more subtle: "An arbitrator or oversman is
not liable in damages in respect of ....".
        An other reason for not including a eature' this month was a couple
of letters to the editor which nicely fill the space. I want to keep this
newsletter at a readable length! One is rather more overtly political than I
would generally intend including. But as the editor has the habit of letting
his own comments slip through occasionally he thought he could not be too
purist, especially when he does not agree with all the sentiments expressed,
and it is from a friend within the arbitration community.

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

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

2. DIARY OF EVENTS:

        All contributions to this DIARY are welcome. It is intended both for
individual arbitrator in Europe and for those who 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.
        The emphasis is European: However as the Diary is intended to help
in scheduling meetings, it includes major world events.

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

1996:
-----

Oct. 10      'La Mediation', at: CETEL, Faculte de Droit, UNI-MAIL,
              CH-1211 Geneva 4.  Fax: 011 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. 11      Arbitration Act 1996: Cost Seminar. London.Chairman: Mark Cato.
             f: 00441-712-539-907  E-mail: conferences@llplimited.com

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

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:
-----

'March'      Arbitration in London Following the 1996 Arbitration Act.
             two-day conference. London.  SGICC.

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

'Spring'     Mediation Training Course. (likely duration 4 days)
  &nbs>
             European Network for Dispute Resolution.
             locations: France.   Contact Burt Campbell.
:             0033-4-90.62.43.08    fax: -90.62.38.82.

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.

July 13-18   International Commercial Arbitration.  Part 1.
             five-day residential seminar. Reading, England.  SGICC.

July 20-25   International Commercial Arbitration. Part 2.  SGICC.

Please CONFIRM all details directly with organisers, the above material is
drawn from various sources and rom 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
SGICC  Study Group for Int'l Commercial Contracts.
       (London)  t: 00441-817-857-050  f: 00441-817-857-649
WIPO   (Geneva)  t: 0041-22-730.9111,  f: 0041-22-733.5428

      &nb;                   +++++++++++++++++++++
 

3. NEWS ITEMS:

European Arbitration on a web-page:
-----------------------------------

        My apologies: My comment on the shortness of the web-page address
was premature, as I mis-quoted it.
        The correct details are:
        General address:
:                                http://idun.unl.ac.uk/~elm8baylyg/ea.html

        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/~elm8baylyg/eaX.html
where 'X' is the issue number (with no leading zeroes, i.e. X is 1, or 2, or
7, etc.)
 

nbsp;

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) held its General Assembly at the magnificent Chamber of commerce
building (just next to
es Halles') in Paris last month, on September 26th.
        A few bits of fine-tuning on the rules was left for post-meeting
resolution by fax. I will report once the loose ends are finalised.

Publications:
>Publications:
-------------
Chapman, M.J. 'Blackstone's Statutes and Rules on Commercial and Consumer
Arbitration', due October. Blackstone Press, London.
Apologies the ISBN was omitted last month: ISBN 1 854 315 870.

Proceedings of the WIPO Conference on Mediation.
(Conference held on March 29th, 1996.) A4, 170pp. Price 20 CHF. Available in
French _or_ English as Publication no. 750(F) or 750(E) respectively from:
World Intellectual Property Organisation, Publications Sales Unit, on fax:
00+4122-733-5428 (Geneva).
 

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

:4. LETTERS TO THE EDITOR:
 

re: CIArb European Branch Rome Meeting, November 8-9-10:

The package I have negotiated for the delegate with the hotel comprises, at
a price of 875.000 lire:
        one double room for single occupancy for two nights (Friday
                and Saturday)
        two buffet breakfasts
  &ntt>
        welcome cocktail on Friday evening
        dinner on Friday evening
        lunches on Saturday and on Sunday
        meeting room and coffee breaks for the full day of Saturday and
                for half day on Sunday
The package for the accompanying person, at a price of 290.000, lire
includes:
        addition for double occupancy of the delegate room for two nights
        two buffet breakfasts
        welcome cocktail on Friday evening
        dinner on Friday evening
For  Saturday evening I have organized a gala dinner at a Villa not far, for
those of you that know Rome, from Ponte Milvio. We will go there  by bus,
:which will leave the hotel at approximately 7.15 pm. The same bus will drive
us back to hotel making a short tour (approximately one and half hour) of
Rome by night.
        If you wish to stay longp; If you wish to stay longer in the Ambasciatori I have agreed with
them that they will charge corporate rates to all of us.
        I have not intention to organize special tour of Rome either for
delegates or for accompanying person. I believe that the best is to leave
every body free to chose how to dispose of their own time and to choose, if
they so wish, among the innumerable organized tour which are available in
Rome.
        Two forms are available from me: One to be sent back to me and one
to be sent directly to the Hotel for booking your room. In Rome November is
not considered low season and the Ambasciatori is rather popular both with
tourist and business people, so early booking is recommended.
If you wish any further information on the above or if you wish any help to
organize a longer stay in Rome please ask me. I will do whatever I can to
make your visit to Rome a success.
        I am presently working with Andrew Burr to invite some Italian
arbitrators to deliver us speeches on the peculiarities of arbitration in
Italy.  Should any of you wish a particular argument to be considered please
letered please
let me have soonest possible your requests.
        If any of you wish to debate some particular aspects of  the
arbitration in Italy or more generally, some particular argument of
:interest, please write to me so that I can circulate your request to others
colleagues, who might have something to say on the subject, and ask them to
prepare themselves for the meeting.
        Sincerely yours,
        Renato Casalotti                r.o.casalotti@iol.it

The meeting follows the following pattern:

Friday evening:         welcome cocktail and dinner for all participants

Saturday morning :      discussion session
                        break
                        short speeches of invited persons
           sp;                lunch for members
Saturday afternoon      free
                        optional meeting of the Mediation Group
Saturday evening        gala dinner for all participants

Sunday morning          Branch  Meeting
                        discussion session
                        break
                        further discussion and invited speakers
The meeting ends with the lunch of Sunday
:
                      ---------------------
 
 

Dear Sir,
      nbsp;             European Dimension.

      As one of those who in halcyon days as a trainee solicitor spent a
little time campaigning for Britain's entry into the Common Market it is sad
to reflect on the impression being given by some sceptics that Europe is
unimportant and that Britain can go it alone. Regrettably they have never
taken European and English history seriously.
      The 1930's, as President Kennedy said,  taught us all a clear lesson.
It does not need repeating. Churchill and Roosevelt's aim of a Europe living
in peace and prosperity was not a pipe dream; it was achieved at a very
high human cost and sacrifice.
      Europe is gradually moving towards a more complete and integrated
hegemony of nations. It may take time but it will not be helped by sceptics
and cynics who have the same motivations as their forbears in the
1930's who constantly attacked Churchill.
      In all this it is important that the English construction industry
takes full advantage of the opportunities that may come its way. At the same
:time it is important that sucime it is important that such companies are allowed to tender and
compete on a basis of equal opportunity and that they have just as much
chance of getting the contract as any other European contractor.
      My impression is that at the moment English contractors are not
getting a positive response possibly because both we and our European
neighbours take Euro-sceptics too seriously. Possibly we have all
forgotten what this country sacrificed for Europe twice this century and
what that was for.

Yours sincerely,

Michael P Reynolds
Head of Construction and Engineering Group
                               mpr@jgrlaw.co.uk
Editor: Construction and Engineering Law.
 

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

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END OF THIS ISSUE.