EA11

                   *************************
                   *   & *                       *
                   *       EUROPEAN        *
                   *      ARBITRATION      *
                   *                       *
                   *       issue  11.      *
                   *                       *
                   *************************
 

   t>                                                   December 19th, 1996.
:CONTENTS
:
:1.  Introduction
:
:2.  Diary of Arbitral Events.
:
:3.  News items.
:
:4.  Articles.
:
:
:                      +++++++++++++++++++++
:
:1. INTRODUCTION:

        The last issue was deliberately a 'thin' one: concentrating on the
Diary of Events. It is the Diary that caused this newsletter to begin almost
a year ago. It remains the core of EA.
        However from comments received I gather the 'peripheral bits' are
equally, if not more appreciated. This issue returns to the old format.
        Thank you for the comments!

        It was not that long since, I could timidlylong since, I could timidly report that our Diary
actually had an event in 1997, in it. It had spent several months previously
'locked' with November 1996 as the horizon of arbitral life. Matters
progress though: Either the market for arbitral events is saturating and
marketing is becoming more aggressive, or the reasons for creating the Diary
are becoming more and more relevant. (That was a need to more rationally
choose dates and not least prevent clashes, in addition to any benefit of
the Diary to potential delegates.) Anyway this issue sees us move not only
into 1998 but , with already two events, on into 1999.

                                          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.

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)
:           &n      Resolution of Int'l Trade and Investment Disputes in Africa.
             (fax: 00+27-11-320-0593)
March 8      LCIA Pan-African Council Meeting, Johannesburg.

'Spring'     Mediation Training Course. (likely duration 4 days)
             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 2-4      LCIA European Council Symposium, at Tylney Hall, England.

May 16-18    European Branch of the CIArb. Biannual Meeting.
             Strasbourg, France.  Fax: 00+41-1-910.43.40.

May 30-31    Arbitration in Maritime and Transport Disputes, Hamburg.
 burg.
             Presented by the IBA with Hamburg CofC, DIS, LMAA & GMAA.
             Contact: confs@int-bar.org

May 31-      Mediation in der Arbeitswelt.  Frankfurt-a-M. Mediation e.V
  June 1     Tilman Metzger, 0049-4131-682002.
:
July 13-18   International Commercial Arbitration.  Part 1.
             five-day residential seminar. Reading, England.  SGICC.
July 20-25   International Commercial Arbitration. Part 2.  SGICC.

Aug. 25-29   World Mediation Forum. Amsterdam.

Sept.26-28   CIArb, Annual Conference.  Garden House Hotel, Cambridge.

Oct. 30-     Asia-Pacific Council Symposium, New Delhi. LCIA
   Nov.1     (Nov.1- IBA conference in New Delhi.)
 

1998:
-----

June 3-6     CIArb, Annual Conference.  Birmingham.
 

1999:
-----

'February'   CIArb, Conference.  Cancun, Mexico.
:

:
Nov. 18-19   CIArb, Millenium Conference. QEII Conference Centre, London.
 

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: 00441-719.363.530, f: 00441-719.363.533
SGICC  Study Group for Int'l Commercial Contracts.
       (London) sp;  (London)  t: 00441-817-857-050  f: 00441-817-857-649
WIPO   (Geneva)  t: 0041-22-730.9111,  f: 0041-22-733.5428
:
                      +++++++++++++++++++++
 

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/~elm8baylyg/ea.html

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

Institute of Arbitrators of Australia:
         E-mail: instarb@werple.net.au

Other entries for this column welcome!

Arbitration and other electronic media:
---------------------------------------
:
Kluwer (sales@kli.wkap.nl) have just issued the 'Consolidaust issued the 'Consolidated Index Vols
1-12, 1985-1996' for Arbitration International on disc (3.5 inch magnetic
disc).
This is free to subscribers to the journal. Others should contact Kluwer,
the price is USD 23 (but potentially subject to sales taxes depending on the
address of the recipient, so ask first).

The two discs of 'The Alternative Database' are still available from The
Alternative Newsletter. Again please enquire as to exact pricing depending
on your location. The price for the database is, regardless of your
location, very reasonable.
Contact Jim Boskey, editor of The Alternative Newsletter, on
mistofoles@aol.com.

LCIA moves address:
-------------------

        New phone and fax numbers are given at the end of the Diary section.
        The new address is Fleet Arbitration Centre, 6th Floor, 161 Fleet
Street, London EC4A 2DY.

History of Arbitration:
:-----------------------
        Various colleagues are actively involved in research on the history
of arbitration. Many others are I am sure interested in this aspect of
arbitral life.
&tt>arbitral life.
        A few of us are currently discussing the establishment of an
informal group to allow exchange of information, the holding of occasional
learned meetings, etc.
        Would any colleague interested in participating in such discussions
please contact one of the persons named below. Whilst we seek those
interested and not necessarily those active, if you are actively working on
a particular area or project a note of that study would also be welcome.

Michael Chapman                       Robert Morgan
B.P. 19                               House No.5, Bisney View,
69881 Jonage cedex,                   Bisney Road, Pokfulam,
France.                               Hong Kong.
00+33-4.72.02.43.38    &;                  00+852-2855.1428
fax: -4.78.31.10.65                   fax:  -2855.1510
mchapman@zen.dedal.fr.net
 

Experts, Expert witnesses, and Expertise:
-----------------------------------------
:

        I recently had reason to quote an eminent English advocate who had
written in The Times in 1966 (the, most certainly the English newspaper of
record for legal matters)n about the duties of expert witnesses. Whilst Sir
Joseph Moloney was writing to correct a statement from an earlier
correspondent, his own letter provoked no further reply. (The Times, October
28th 1966.)
        His argument was taken up by the Editor of Arbitration, in an
article in 1992. Again apparently without any opinion expressed for a
contrary view. (Alan Shilston, 58 JCIArb 4, 251-258.)
        I echoed both authors in an exchange of correspondence in a medical
journal. Again this proved to be the last letter in the correspondence.
(1994, JRSM
(1994, JRSM 87(3), 186.)
        Yet ... yet, verbally I often hear the opposing' view stated. So may
I open our correspondence columns to any who wish to argue as to whom an
expert witness owes a duty. (And to those who wish to expand the argument to
experts as against expert witnesses, and/or tribunal appointed experts,
those conducting expertise, etc., etc.)
        I quote briefly from Sir Joseph's letter:
  "The only duty of expert witnesses that I know is to answer
  the questions they are asked truthfully and in accordance with
  their knowledge of the facts, combined with their experience
:  and  understanding of the subject ... "
What foundation is there for the oft-canvassed view that expert _witnesses_
owe a duty to the court, or to 'assist' the court?

        (The question possed is of more than academic interest as AEXEA [The
Association des Experts Europeens Agrees] is drawing up a Code of Ethics for
experts. Can expert witnesses be accommodated in a code aimed at experts?)
 

                bsp;          +++++++++++++++++++++
 

4. The ALTIMEN:

        It's holiday season again, so (an excuse for) a lighter tone in the
final piece.
        To all those true 'neutrals' out there I must apologise, and perhaps
explain. I, and I know others, love the genre that allows mild fun to be
poked at contemporary habits and mores. Most of the fairy stories published
in European Arbitration do seem to have been poking fun at non-arbitral
dispute resolution.
        I am responsible for having initiated some of the interest in fairy
stories (though not all, see the bibliography in EA08) and did so by my own
:literary creations poking at what I know best (arbitration). These then
caused my friend and colleague in construction to retort with 'The Altimen'
based on his own experiences.
        I could publish my own thoughts on arbitration, but rather feel that
whilst it may be "an editor's duty to publish as many of the proprietor's
prejudices that the advertisers will allow", I should show some constraint
if I am both editor and prot>if I am both editor and proprietor ... and in the absence of restraining
advertisers.
        (In other words, please submit alternative views ('altiviews') for
publication.)

                The continuing saga of The Altimen.
                +++++++++++++++++++++++++++++++++++

        The Altimen experienced all sorts of problems with their Rules. The
Minimen and the Rajimen were quite superior about it of course; they could
use existing rules with very little change. The Adjimen were VERY DIFFERENT.
As they pointed out, they didn't resolve disputes: they stopped them before
they became disputes. The Conimen and the Medimen had big problems. They got
their rules mixed up and couldn't decide which was which -and nor could
anyone else.
        They did all agree on one important point. They could not actually
:make any BINDING DECISIONS: all they could do was to help the Common People
to solve their own problems. The Common People were a little surprised by
this rised by
this and asked why they should ask an Altiman to settle an argument if the
Alitman is going say "DO IT YOURSELF". "BECAUSE", said the Altimen, "YOU
HAVE STOPPED TALKING TO EACH OTHER AND WE WILL HELP YOU TO START ARGUING
AGAIN" -for a small fee of course. "BUT", said the Common People, "how will
you know what we are arguing about?"  "You will tell us about it", explained
the Altimen VERY PATIENTLY. "Oh', said the Common People, who were VERY
CONFUSED, "then what happens?"  "Why you start arguing again, of course" was
the (patient) reply. "But that's what we were doing before we asked you to
help", said the Common People, "so what is the point of asking you to
help?", they asked.  "We will show you how to argue more efficiently", said
the Altimen (still being VERY PATIENT) "because we are trained to do these
things ( ....for a small fee of course.... ).  "And what do we do if we
still can't settle our arguments?", asked the Common People. "Oh but you
will", said the Altimen triumphantly, "because, otherwise, you will have to
go to an Arbitrator or a Judge and you don't want to do that do you?"
"Anyway you don't lose anything by trying do you?", said the Altimen
--"Only the small fee". sai--"Only the small fee". said the Common People, "We need to think more about
this". And all went very quiet for a time   . . . . . .
                                                         JKS
                    _______________________

:
          VERY BEST WISHES TO ALL OUR READERS, FOR THE
           FESTIVE SEASON, AND MOST OF ALL WISHING YOU
                ALL HAPPY AND SUCCESSFUL 1997's.

                    _______________________
 

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

'European Arbitration' is free to readers.  To subscribe, or to unsubscribe, 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.

EUROPEAN ARBITRATION is the trade mark of the publisher, its entire contents
are the copyright of the publisher and individual contributors. Permission
is granted for not-for-profit, electronic redistribution and storage of the
material in this issue, provided this notice (including the publisher's
e-mail address) is included with the material. (mchapman@zen.dedal.fr.net)

Reprinting and resale of the material is strictly prohibited without
explicit consent of the copyright holder.
:
-----------------
END OF THIS ISSUE.