EUROPEAN ARBITRATION
ISSN  1286-4528
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                                                                    EA14

                      *************************
              &;           *                       *
                      *       EUROPEAN        *
                      *      ARBITRATION      *
                      *                       *
                      *       issue  14.      *
                      *                       *
                         *************************
 

:                                                       March 28th, 1997.

CONTENTS                                      Publisher Michael Chapman.
                                               mchapman@zen.dedal.fr.net
1.  Talking points.

2.  Diary of Arbitral Events.

3.  Directory

4.  News items.

5.  Letters.
 

             &nbsnbsp;          +++++++++++++++++++++

1. TALKING POINTS:

                Arbitral Secrecy.
                -----------------

        "The past is a foreign country: they do things differently there."
:
        Arbitration, it is said ... or at least, international commercial
arbitration, so it is said, used to be an exclusive occupation of a cosy
club of a few people. Entry was difficult. Quality was exacting. Trust was
all.
        When you went to arbitration (or, at least, international commercial
arbitration) you (or your client) would be judged by a tribunal composed
from a small group of trusted, even venerable, individuals.
        We make no criticism of that system here, now. We do ask though
whether it still prevails, and if it does not what the consequences are.
        International arbitration is developing apace. Referrals rise apace. Referrals rise
rapidly. Few figures are published. The ICC, which does publish figures,
report significant rises in referrals over the past fifteen years.
Arbitration is though having to respond to its own success. More arbitrators
are needed. Even more individuals 'fancy' entering the alleged 'magic
circle'.
        It must be fair to say that for better or for worse the clubbable
nature of arbitration is on the decline. That social change is though
reflected in many other areas of professional life, and placing too much
importance on matters purely arbitral in trying to account for that change
is perhaps a mistake.
        What fascinates this writer is that the aura of the closed group
still -in places- persists. There is a certain secrecy. Not of references in
:progress or of awards, but rather of other data. Of meetings, of statistics
regarding institutions, even at times regarding arbitral bodies themselves.
Some is undoubtedly the accidental failure to inform, that occurs in a
market that has been to a large extent demand-led rather than supplier-led.
If the potential customers have exceeded the supply then there was no need
there was no need
to proselytise. Other aspects are perhaps deeper and more to do with the
psyche. The phrase 'Johnny-come-lately' did appear (as a highly personal
rebuke) in an august arbitral journal within the last decade!
        This writer does though wonder whether the move from the clubbable
era to whatever mores will dominate early twenty-first century arbitration
has less to do with the increase in size of arbitration than it has to do
with threats perceived from outside arbitration.
        The rise of 'ADR' has been highly marketing led. No deduction
as to the quality of the product can be made from that. (Though quips
such as: "Is he good at anything other than looking impressive?",
have been heard.) If though ADR and arbitration are competing for
the same hearts and minds then both quality and marketing will be
important. Is the opening up of arbitration to a wider audience
being done willingly, being done for a positive reason, being done
with purpose, or is it just a niggardly reaction to a seemingly
market-orientated perceived competitor?                   &bsp;           EA.
 

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

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:
-----
April 1-6    International Commercial Arbitration Moot Competition.
             (based on 'sale of goods') Vienna.
     &;            contact: ebergsten@genesis.law.pace.edu

April 10     'Commercial Dispute Resolution in Asia.' Moderator Dr R.Briner.
             A workshop 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 16-18  The New Engineering Contract. Reading, England. (A two-
             day seminar: Dr Barnes & Prof. Capper.)  SGICC.

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

April 20-24  English Language for Lawyers. Reading, England, SGICC.

April 22-24  European Telecommunications Law. Brussels. Includes
             'Developments in Dispute Resolution' (Dr Richard Hill).
             contact: IBC at: katy_searles@ibcuklon.ccmail.compuserve.com

April 22-25  Cross Border Tactics in International Commercial
:             Litigation. Reading, England. Includes: 'Jurisdiction
             in Commercial Arbitration' (Lord Dervaird). SGICC.

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

May 1        Arbitration and Adjudication after 1996. A symposium.
             Queen Mary & Westfield College, London. Contact:
             Mrs Mildred Schofield, fax: 00+441-71 975 5500.

May 2-4      LCIA European Council Symposium, at Tylney Hall, England.

May 13-14    Training Programs on Mediation in Intellectual Property
May 15-16    Disputes. (Two 2-day consecutive programmes.) WIPO, Geneva.

May 16-18    The Future of Arbitration in the European Union.
             European Branch of the CIArb. Eleventh Biannual Meeting.
             Strasbourg, France.  Fax: 00+43-662-633-00333.

May 17-19    Inst. of Arb's Australia: Annual Conference (Sydney).

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

:May 30-31    Arbitration in Maritime and Transport Disputes, Hamburg. Disputes, Hamburg.
             see details in the Section 4 (News) below. Contact: IBA.

May 31-      Mediation in der Arbeitswelt.  Frankfurt-a-M. Mediation e.V
  June 1     Tilman Metzger, 0049-4131-682002.

June  6-7    Workshop for Arbitrators.    WIPO, Geneva.

June 11-13   IBA 50th Anniversary Meeting (New York).

July 3       Construction Dispute resolution Conference. Chaired by
             Lord Justice Otton, with contributions from John Barber,
             Michael Reynolds, Richard Saxon, Fiona Hammond, and others
             Contact CLT on fax: +44-121-355-5517.

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.

Aug. 25-29   World Mediation Forum. Amsterdam. jmhaynes@concentric.net

Sept. 25     IBA International Arbitration Day (New York).
             see entry in Section 4 (News) below.
:
Sept.26-28   CIArb, Annual Conference.  Garden House Hotel, Cambridge.
             'Skills for the Modern Arbitrator."

September    LCIA North American Council Symposium. ?Washington
             or New York.

October      European Branch CIArb. Conference. Athens, Greece.

Oct.31-Nov.2 LCIA Asia-Pacific Council Symposium, New Delhi.

Nov. 2-7     IBA section meetings (New Delhi).
 

1998:
-----
June 3-6     CIArb, Annual Conference.  Birmingham.
 

1999:
-----
Feb. 17-20   CIArb, Conference.  Cancun, Mexico.

:Nov. 17-18   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.
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:   Chartered Institute of Arbitrators (London)
:         E-mail:    71411.2735@compuserve.com
         Homepage:  http://www.arbitrators.org

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

HKIAC    Hong Kong International Arbitration Centre
         E-mail:    adr@hkiac.org
         Homepage:  http://www.hkiac.org

IBA:     International Bar Association
         E-mail:    confs@int-bar.org

ICC:     International Chamber of Commerce (Paris)
         E-mail:    101643.1223@compuserve.com
         Homepage:  http://www1.usa1.com/~ibnet/icchp.html

ICC-Asia:  ICC Regional Office for Asia (Hong Kong)
         E-mail:    100443.2325@compuserve. 100443.2325@compuserve.com
:
Institute of Arbitrators of Australia:
         E-mail:    instarb@werple.net.au
         Homepage:  http://www.instarb.com.au/index.html

LCIA:    Homepage:  http://www.lcia-arbitration.com
 

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

4. NEWS ITEMS.

The Future of Arbitration in the European Union.
------------------------------------------------
        The eleventh biannual meeting of the European Branch of the CIArb,
Strasbourg, May 16th to 18th.
        The programme is currently being finalised by Dr Eugen Salpius
(Salzburg) who would welcome any suggestions and/or be pleased to let
interested person have a copy of the final draft of the session programme.
        The meeting commences with supper on the evening of Friday the 16th
and runs through until lunchtime on Sunday the 18th. A full social progra18th. A full social programme
is being planned and partners are most welcome to attend with delegates.
:        Further details from Eugen Salpius (fax) 00+43-662-633-00333, or
Michael Angelil (fax) 00+41-1-910.43.40.f

E-mail address for IBC:
-----------------------
        Apologies the e-mail address for Katy Searles at IBC became
truncated in last months Calendar of Events. This issue has the correct
address for their meeting on European telecommunications Law.

ICCA Publications move:
-----------------------
        Judy Freedberg has announced the move of ICCA Publications from
their present offices at the Asser Instituut to the International Bureau of
the PCA at Carnegieplein 2, NL-2517 KJ Den Haag.
        E-mail: ICCA_PCA@euronet.nl

Bills of Lading, Multimodal Transports and Limitation of Liability:
-------------------------------------------------------------------
        A Seminar presented by the International Bar Association Section on
Business Law  Committees on Maritime and Transport Law (A) anand Transport Law (A) and Arbitration
and ADR (D) in co-operation with the Hamburg Chamber of Commerce, German
Institute of Arbitration (DIS), London Maritime Arbitration Association
(LMAA) and German Maritime Arbitration Association (GMAA):
:        "Arbitration in Maritime and Transport Disputes with particular
emphasis on Bills of Lading, Multimodal Transports and Limitation of
Liability"
     30-31 May 1997
          The Chamber of Commerce, Hamburg.
The Seminar will open with a Cocktail Reception hosted by local law firms on
the evening of Thursday 29 May to which all delegates are invited.
        Topics will include:
  Friday 30 May
Maritime arbitration in London, New York, Hamburg, Madrid, Paris, Beijing,
Stockholm, Oslo, Hong Kong, Singapore:
In which areas is arbitration sensible and useful?
     Maritime Transport
     Land Transport
     Multimodal Transport
 Arbitration in particular areas:
     Session one:  Salvage and pollution
ge and pollution

     Session two:  Tribunal for the Law of the Sea
  Saturday 31 May
Workshops on arbitration in International Sea and Land Transport cases.
If you would like to receive more information, please contact
the IBA at:  confs@int-bar.org
       fax:  +44 (0) 171 409 0456
:
International Arbitration Day:
------------------------------
        In its 50th Anniversary Year, the IBA Arbitration and ADR Committee
in conjunction with the American Arbitration Association and the Association
of the Bar of the City of New York, will sponsor the first annual
International Arbitration Day.
        The Seminar programme will include discussion on:
International arbitration in the United States
Ad hoc versus institutional arbitration and the concept of self administered
arbitration
Workshops on: commercial contracts, construction, joint
ventures, international property, maritime, finance, reinsurance, and public
contracts.
               IBA at   connbsp; IBA at   confs@int-bar.org

Recent publications:
--------------------
'LCIA Directory of Members 1997'. iv+33 pp. Free to members.
'The Arbitration Ordinance of Hong Kong: A Commentary, with 1997
 Supplement.' Robert J.M. Morgan. Butterworths Asia. March 1997.
 approx 500pp. S$280 (S$230 pre-publ.) (+3%GST for Singapore
 customers). ISBN 962-8105-04-3.
:'The Arbitration Bill: Notes for Members of the Standing Committee.'
F.E.Miller. 1997 reprint with postscript, 36pp. ISBN 0 9514295 6 6.
Ruthtrek Ltd., 19 High Street, Herne Bay, GB Kent CT6 5LJ

Dispute resolution via the Internet.
------------------------------------
        There was a flurry of activity about this in the first half of last
year. EA, itself, carried articles in March (EA03), June (EA06) and July
(EA07) ... then -as we French say- August came. I had a list of contacts and
e-mailed them in the last few weeks for any news of progress. Two-thirds(!)
of my messages 'bounced'. Has there been a move on to other fields?
        The Internet would seem to provide the ideal medium for 'documents
only' arbitration. (The earlie arbitration. (The earliest published procedure for doc's only I've
come across, by the way, is 1907. Any advance?)
        I would welcome any news or comments from readers.

English, Arbitration Act 1996, etc.
-----------------------------------
        Various critical commentaries have been written on the Act: Both for
and against. Francis Miller's pamphlet cited above is interesting because he
sets out to compare the Act with the objectives that the government
department (the DTI) responsible and its advisory committee (the DAC) set
themselves.
:
European statutes:
------------------
        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.

Asia.
-----
        The Philippines are drafting new stailippines are drafting new statutes (see Diary for April). A
review of the current situation in Vietnam and a note on amendments to the
HK Arbitration Ordinance are both in the current issue (Feb'97) of _Asian
Dispute Report_ (published by Hong Kong International Arbitration Centre,
see Directory).

International Chamber of Commerce Chooses Hong Kong
---------------------------------------------------
     The International Chamber of Commerce, recognizing the importance of
Asia's vast and growing markets, has chosen Hong Kong to set up its first
regional base, serving territory from Pakistan and India, through China and
:south-east Asia, to Australia and New Zealand.
     Founded in 1919, the ICC represents companies and business associations
in over 130 countries, with National Committees already well-established in
several Asian economies. However, Secretary General Maria Livanos Cattaui
stressed the need to hear Asian voices more strongly at all levels of the
ICC's worldwide technical and policy work. Mrs. Cattaui added, "That the ICC
has chosen Hong Kong for its regional office is a measure of world business
confidence in the city's future after it has reverted to Chinafter it has reverted to China. We are
certain that it will continue to flourish as one of the world's leading
commercial and financial centres."
     The Director of the new ICC Asia office, Louise Barrington, a Canadian
lawyer and former director of the ICC's Institute of International Business
Law and Practice, sees one of her main tasks as the promotion of
international commercial arbitration in Asia. Many foreign investors are
accustomed to using arbitration but are met with Asian partners who dismiss
it as a foreign solution to deal with foreign problems. Making arbitration
the dispute resolution technique of first choice in Asia will increase the
confidence of foreign entrepreneurs ."One of my major challenges will be to
demonstrate to Asian business executives the advantages -for all parties- of
international arbitration, and to make it clear that ICC arbitration does
not equal European arbitration, that it is a truly international procedure."
     To meet this challenge, Ms. Barrington will be travelling throughout
Asia to meet with arbitration specialists, speak at conferences, and
:organize meetings which will foster what she terms "international
arbitration culture".
arbitration culture". A workshop on international commercial arbitration
will be part of the ICC's 32nd World Congress in Shanghai on April 10th, and
two seminars in Shanghai and Beijing will follow immediately. Together with
Horacio Grigera Naon, the Secretary General of the ICC Court of Arbitration,
she will be in Manila, Philippines in April for a high-level colloquium to
discuss the draft arbitration bill and for a seminar being organized by the
Philippine Dispute Resolution Centre.
     ICC Asia will also organize regional events in Hong Kong and other
Asian countries.
     Anyone wishing to contact ICC Asia can use the following numbers:
Telephone:  (852)  2973  0006; Fax:  (852) 2869 0360; E-Mail:
100443.2325@comppuserve.com

Personal News:
--------------
        Adrian Winstanley took up post as Registrar of the LCIA on January
28th. Mr Winstanley is a solicitor and previously practised with Clifford
Chance in London.

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

5. LETTERS Ttt>

5. LETTERS TO THE EDITOR
:
        Accessing Statutes Electronically
        ---------------------------------

        The English Arbitration Act 1996 is available on an official website
in the UK but since the HMSO was denationalised the work of making it
accessible appears to be incomplete. To access the Arbitration Act 1996
follow either of the two following procedures.
Procedure 1:
        Visit site with URL http://www.hmso.gov.uk./acts/acts1996
Scroll down the page and after a notice "The following are also available
although are currently under construction" will be seen the entry
Arbitration Act 1996.  Click on it.:This takes you to a copyright notice
that I have not tried to understand.Scroll down to the bottom of the
copyright notice to find an arrowhead in a box.   Click on it.
This takes you to the contents page of the Arbitration Act 1996 with the
apparent ability to download it section by section. If fact it downloads in
four blocks;
              bsp;      Sections 1 to 41
                Sections 42 to 84
                Sections 85 to 89
                Sections 99 to 104
Procedure 2:
:        Visit my website where I have temporarily put up a copy of the
Arbitration Act 1996 because of the complexity of the procedure above.  The
is a link on my website to the correct site (the URL above) for Arbitration
Act 1996 downloads the I will update this as soon as I become aware that the
The Stationery Office have got their website in order and straightforwardly
usable.
        There is a bonus in visiting my website in that there is other
material :in the form of a draft agenda for a preliminary meeting and a
draft order for directions etc that may be of interest.Please come back to
me if you have any problems.

  Cliff Dilloway      cliffd@endispute.co.uk
           &nbsnbsp;              http://www.endispute.co.uk
  Dynevor             Tel: 01453 763387
  Park Road           Fax: 01453 751528
  Stroud, Glos  GL5 2JF

[Editor's Note: Many readers will be aware of 'The Shetland Times' case,
which is still before the Scottish courts.  An injunction has been granted.
In very brief synopsis the complaint was that an 'easier' route was being
provided to the news pages.  The question the courts will have to decide is
whether 'indexing' data is a positive act (that of the sweet librarian) or
whether 'taking you straight there' and avoiding possible adverts and/or
:copyright notices is not so good.
The method given in _Procedure 2_ being to the main URL, I am happy to
reproduce it for readers' convenience ... and with many thanks to Cliff
Dilloway.]
 

        Suggestions for EA ... and more comments on 'books'.
        ----------------------------------------------------

Hi Michael
Hi Michael
        ... ... a 'new' feature  - do you think it's worth asking the
readership for "Reviews" of the Meetings/Conferences - you know the stuff
-salient points, quality of speakers, VFM etc,  It needn't be long or a full
copy of the course documentation - I was particularly thinking of our
"global" net audience that may well never get to Europe. Perhaps you could
do some versions in French!?
        I like Talking Points and noted your "call" for those interest in
Arb. history to contact you - I always liked the "dust on their feet" quote;
it gives a romantic feeling of being part of a long tradition.  On the
subject of quantity of Arb and Dispute related books/journals there is also
the cost eg the review of the ADR book in the last _Arbitration_ was GBP60
for 250 pages (I think) - this seems a bit steep to me (pro rata with
Computing
:books circa GBP30 for 500 pages -they're a relative bargain).
Rgds,
        Gerry
        http://idun.unl.ac.uk/~elm8baylyg

[1. If any reader has the purchasing habits (or library or bookshop acce(or library or bookshop access)
and the inclination, we would be most willing to publish a price comparison
of texts.
 2. EA is currently experimenting with the electronic delivery of
larger documents. This would allow readers to request copies of
extensive materials, not suited for 'newsletter' reports. Any
suggestions -or contributions- for such an electronic archive
would be welcome. Access methods will be given in EA once the
system is operational.                                  EA.]

                      +++++++++++++++++++++
COPY DATE for next issue: April 18th.
                      +++++++++++++++++++++

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-----------------
END OF THIS ISSUE.


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