EA13

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                   *       EUROPEAN        *
                   *      ARBITRATION      *
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                   *       issue  13.      *
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:                                                   February 28th, 1997.
CONTENTS

1.  Introduction

2.  Diary of Arbitral Events.

3.  Directory

4.  News items.

5.  E-mail Conference.
 

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

1. INTRODUCTION:

        The editor's introduction has run for over a year now. Some have
undoubtedly set the scene for an issue, some I fear may have had all the
relevance of a bad sermon.
        'European Arbitration' no longer needs introduction, or
justification, to its readers. In future we will lead with editorial comment
:addressing -it is hoped- arbitral issues of the day, under the general title
'Talking Points'.

 >

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

TALKING POINTS:

                A boom in arbitration or a boon for publishers?
                -----------------------------------------------

        As a new entrant to the field of publications on arbitration this
journal is probably as well placed as any to raise an eyebrow at the
apparently exponential increase in arbitral publications. Particularly in
those publications emanating from England.
        Your editor has added to the range of London books himself, as well
as producing
as producing this electronic journal from what the English lovingly call
'overseas'. Thus any note of whimsy here must be directed at least as much
'at home' as at anyone else.
        The trend does not seem to have hit continental Europe yet, though
if many jurisdictions adopt the Model Law (MAL) perhaps it will take root in
:those countries as well. England has had a succession of texts dating back
to at least that of Malynes (Lex Mercatoria: Of Arbitrators and their
Awards) published in 1622. John March's work seems to have proved a more
commercial success with editions shown as published in 1647, 1648, 1648-49,
1649-55 and 1674. There were at least another six texts (with Bacon running
to three editions between 1744 and 1770) before Francis Russell saw the
first edition of his text published in 1849.
        'Russell on Arbitration' as it was to become known ran to twenty
editions from then to well over a century later in 1982. The first edition
of Russell followed (or so our incomplete records would indicate) closely on
the heels of the third and last edition of Watson (1846), the first edition
of which coincided in date with the second anded in date with the second and last edition of Caldwell
(1825). The pattern was to be repeated at Russell's cost when the first
edition of Mustill and Boyd (1982) seemingly saw Russell's last edition.
        The century-plus of Russell saw competitors. Lynch appeared in five
editions (1888-1912) with a more pocketable length of about one hundred
pages. Soper in a work specialising in land/property arbitration saw ten
editions (1907-1965). Other works met with varying survivability.
        But post Mustill and Boyd there has been a veritable boom in
publishing. Books have specialised on arbitration in certain professional
fields or of certain natures (including 'international'). Niche titles have
allowed some authors to have more than one work on the market at the same
time (e.g. Cato and Rhidian Thomas). The most amazing event has been the new
:English act of 1996 which has generated at least four titles devoted solely
to it. This despite the ambition that the new act would make the law clear
and accessible, so that those contemplating arbitration in London would know
what it entailed without the need, as before, to consult experts.
     nbsp;       A new edition of Bernstein and Wood (now joined by Tackaberry) is
advertised, a new edition of Mustill and Boyd is rumoured, and there are
even whispers of a first edition by a Lord Justice. Added to this there is
also talk of a new arbitration journal, published in London, devoted to the
new act. It has also been said that the new journal will break what seems to
be the 'frequency barrier' for arbitration journals and appear more often
than quarterly!
        If the draft 'Arbitration (Scotland) Bill' becomes -allowing for
general elections, and all- the 'Arbitration (Scotland) Act, 1997' then 1998
would seem set to be a good year, not so much for Scottish arbitration, as
for Edinburgh publishers.
        It's an ill wind.
EA.
 

     for a biographical note on Gerard Malynes, see
     Professor Roebuck's contribution in (1996) 62
     JCIArb 12-15. An extract from the work appears
     in 9 Arb.Intl. 323-328.                  &nbp;      MJC
:
                      ++++++++++++++++++++++

2. DIARY OF EVENTS:

        All contributions to this DIARY are welcome. It is both for the
individual arbitrator and for those who plan meetings.
        Generally, listed meetings will be at least half-day and usually
full day events. Evening meetings are likely to be only of local interest.
        The emphasis is European: However to help in scheduling, major world
events are listed.

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

1997:
-----
March 13-14  Congress of German Experts, Bonn. BVS 00+49-228.37.87.06

March 21     Arbitration of Intellectual Property Disputes. Columbia Law
             School, New York.  C School, New York.  Contact WIPO.

April 10     'Commercial Dispute Resolution in Asia.' Moderator Dr R.Briner.
:             A workshp of the 32nd ICC World Congress (Shanghai).
April 11     'Arbitration Procedures in China'. Joint seminar of the ICC
             and the Shanghai Bar Association (in Shanghai).
             contact for both above: ICC-Asia.

April 11     'Day Surgery: Where did I go wrong?' CIArb East Anglia Branch.
             Belstead Brook Manor Hotel, Ipswich.
             rhmorris@morris.co.uk   (see Directory for www homepage)

April 14-15  Joint seminar & mock case: 'ICC Arbitration Procedures'.
             ICC / CIETAC / Beijing Bar.   Contact: ICC Asia.

April 17     Colloquium on new draft arb.bills. Manilla. Contact: ICC-Asia.
April 18.    Seminar on   Seminar on Int'l Comm.Arb. (Manilla). contact: as above.

April 22-24  European Telecommunications Law. Brussels.
             contact: IBC at: katy_searles@.ccmail.compuserve.com

April 27-29  International Commercial Arbitration  and its Impact on
             Commerce and investment.  Ministry of Justice, Kuwait.

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 22       CIArb, Annual General Meeting, London. (Members only.)

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

May 31-      Mediation in der Arbeitswelation 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.
             'Skills for the Modern Arbitrator."

October      European Branch CIArb. Conference. Athens, Greece.

: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:
-----
Feb. 17-20   CIArb, Conference.  Cancun, Mexico.

Nov. 17-18   CIArb, Millen-18   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(!).
 

contact details for frequently  cited organisations:
---------------
CIArb  see Internet Directory below.
:       EXCEPT CIArb Branch meetings: contact person named in the Diary.
IIBLP  Institute of International Business Law and Practice,
       of the ICC, see Internet Directory below for the ICC.
ICC-Asia  see Internet Directory below.
LCIA   (London)  t: 00441-719.363.530, f: 00441-719.363.533
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

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

3. DIRECTORY:

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

CIArb East Anglia Branch:
         Homepage:  http://www.morris.co.uk/ciarb/ciarbea.html

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

ICC-Asia E-mail:    100443.2325@compuserve.com

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

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

4. NEWS ITEMS.

May meeting in Strasbourg.
-------------------------
  &nbs
        The European Branch of the CIArb is to hold its eleventh biannual
meeting in Strasbourg between May 16th and 18th. The meeting commences with
supper on the evening of Friday the 16th and runs through until lunchtime on
Sunday the 18th. A full social programme is being planned and partners are
most welcome to attend with delegates.
        The conference hotel is the delightful Hotel Regent Petite France, a
:quiet hotel overlooking the river in the Old Town ... and said to be the
most exculisive four-star hotel in the city.
        Further details from (fax): Michael Angelil on 00+41-1-910.43.40.f

Recent books:
-------------
        Since submission of the editorial that heads this issue we have
received notice of a major publishing venture:
        The Parker School of Foreign and Comparative Law (Columbia Law
School, USA) has produced a seven volume set (available singly) on
international commercial arbitration. These are distributed in Europe by
Sweet and Maxwell (http://www.smlawpub.co.uk).
    &nb>        Prices are either 85 or 100 GBP per volume. Volumes 1 and 2 cover
international rules. Vol.3 compares these rules. Vol.4 lists arbitrators.
Vol.5 gives treaty texts, and Vol.5 national laws. Vol.7 is entitled
'International Commercial Arbitration and the Courts'.

English, Arbitration Act 1996, etc.
-----------------------------------
        As noted in the last issue, the following have been published, and I
hope by their titles are self explanatory:
 1996 SI 3146  ARBITRATION ACT ... (COMMENCEMENT No.1) ORDER
 1996 SI 3211  THE UNFAIR ARBITRATION ... ORDER
: 1996 SI 3215  THE ... COURTS (ALLOCATION OF ARB. PROCEEDINGS) ORDER
        My thanks to Jeremy Wilkes for pointing out that besides being
available on paper from HMSO in London, these are also viewable on the U.K's
"open government" ( <open.gov> ) web-site. (If anyone has the specific URL's
for the arbitration documents I'd be happy to pass thse on.)

        The Arbitration Act 1996, the Woolf Report (on civil justice in
England) and (shortly) the Housing Grants and Regeneration Act are al Regeneration Act are also
available on the homepages of the CIArb East Anglian Branch:
                http://www.morris.co.uk/ciarb/ciarbea.html
        The Housing Grants and Regeneration Act is the statutory source of
'adjudication' in the UK. (Thanks to Richard Morris for these details.)

        Northern Ireland's own unfair agreements 'statutory rule' referred
to in the last issue, was:
SR 598 THE UNFAIR ARBITRATION ... ORDER (NORTHERN IRELAND) 1996,
which merely has the equivalent wording as 1996 no.3211, but for the
different jurisdiction. If anyone does want a copy, you can, like the London
ones, pay by VISA card, and orders were [see below!] post free (within the
EU anyway)(well my copy was!). BUT you have to fax Belfast:
00+441-232-235-401  (65 pence = GBP 0.65)

HMSO London.
:------------
        The British government publisher ("Her Majesty's Stationery Office")
has been privatised and is now 'The Stationery Office' (or 'TSO'). In a
letter of this month their Chief Executive states that "In line with
standard commercial practice ..." TSO will in future be charging for post
and packing in addition to the cost of publications.
        Despatch to UK and one EU country (Ireland) remains free for
publications with parliamentary copyright and/or despatch of five or more
items and/or orders over GBP50. Otherwise (for the UK) charges upto GBP 4-50
may be levied.
        My apologies if advice on ree delivery' to Europe no longer holds
... though as most material is parliamentary and as postal rates to the EU
are the same as to Ireland it may still hold. I will attempt to clarify
matters and let readers know once they are 'over' privatisation!

Scotland.
---------
        Whilst EA is intended to have a 'continental flavour' despite its
language of publication, the steps toward law reform in the United Kingdom
do draw our attention. Various references have been made to Scotland in
recent issues, and it was thought a summary of developments would not be out
of place among the allusions.
        The Scottish Advisory Committee on Arbitration Law Committee on Arbitration Law (SACAL) was
:established in 1986. Following its advice of 1989 the UNCITRAL Model Law
(MAL) was enacted as part of the Law Reform (Miscellaneous
Provisions)(Scotland) Act of 1990.
        The Committee then turned its attention to domestic matters
reporting on Legislation for Domestic Arbitration for Scotland in March
1996. This was followed by a consultation paper on the same subject in
January 1997. (The two documents are both printed as "ISBN 09507250 48".)
Despite the committee always referring to itself as SACAL, it is universally
known -in honour of its chairman the Lord Dervaird- as the Dervaird
Committee.
        A draft Arbitration (Scotland) Bill formed part of both recent
documents. Comments were invited before the close of this month, and it
seems likely that thereafter Scottish statute will be all be found in a new
Act. (The Bill proposes repeal of the Arbitration (Scotland) Act of 1894,
section 3 of the Administration of Justice (Scotland) Act of 1972 relating
to a case stated) and the 1990 MAL enactment. The latter would then form
part -the first schedule- of the new act.)
   &nb
        The fate of the 1950 Act relative to Scotland (Geneva Convention)
and the 1975 Act (New York Convention) as well as consumer arbitration
(ss.89-91 of the 1996 Act) are subject to consultation. Consolidation and
simplification do though seem to be the desires, if not always the
achievements, of arbitral law reformers.
        EA will report as matters develop.
:
European stautes:
-----------------
        It is intended to publish a tabulation of European jurisdictions (
>50?) their arbitration statutes, and bibliographic details of volumes
containing these (for as many jurisdictions as possible) in either EA14 or
EA15.
        Any readers with knowledge -particularly of 'new' jurisdictions- is
most welcome to contact the editor.

Personal News:
--------------
        Louise Barrington, who was Director of the ICC Institute of
International Business Law and Practice, has left Paris to run the new
_ICC-Asia_ office. The office may be contacted at 00+852.2973.0006 or fax:
.2869.0360. The
.2869.0360. The e-mail address is given in the Directory above.
        This is the first regional office of the ICC. Its inauguration will
be officially celebrated on April 2nd.
        Our very best wishes to her and hopes that the successes she was
responsible for in the Institute will be echoed in her new role in Hong
Kong.
 

:                      +++++++++++++++++++++

5. E-MAIL CONFERENCE.

        Michael Reynolds asked me to propose this experiment in "E-mail
conferencing" to discover what foreign observers think of the new (1996)
English _Arbitration Act_.

   LETTERS TO THE EDITOR

        Ahead of its time ...
        ---------------------

        The new Arbitration Act not only acknowledges and recognises the
UNCITRAL Model Law but recognises that fundamental concept of the "autonomy
of the will of the parties". If the lex loci arties". If the lex loci arbitri is English law I doubt
whether any European party would have cause to complain. The Act gives
effect to the New York Convention and English Courts are bound to stay
proceedings to arbitration where there is an arbitration clause.
        Not only is that firmly recognised but the English Courts have made
it quite clear long before this Act was passed where they stand in
recognising the international tribunal of the parties choice  e.g. Balfour
Beatty v. Channel Tunnel Group that in the interests of orderly regulation
:of international commerce the parties can resort to resolution of the
dispute by the Tribunal of their choice.
        This Act gives English arbitrators a strong pro-active role which
will increase efficiency and attract more international arbitration to
London where the national Court has a supportive role not an interfering
one.
        On balance it seems to me the English Act is in many ways ahead of
its time. There is more certainty in it than any other arbitration
legislation anywhere in the world. I have not seen any better.

Michael Reynolds, &Michael Reynolds,    (MPR@jgrlaw.co.uk)    Fri, 14 Feb 1997 17:42:56.
 

                      +++++++++++++++++++++
COPY DATE for next issue: March 21st.
                      +++++++++++++++++++++

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END OF THIS ISSUE.