EUROPEAN
ARBITRATION
ISSN 1286-4528
EA is an electronic
newsletter providing a source of information and comment, centred on its
diary of arbitral events.
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EA17
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June 20th, 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.
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1. TALKING POINTS:
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EUROPEAN ARBITRATION DEVELOPS
The second half of 1997 will see some changes to European Arbitration.
Changes that will hopefully make it more 'user friendly' ... though we
await the comments of you the users before we make any judgement on that.
The most obvious change will be in frequency of publication.
Publication is currently every four weeks. Issues have become repetitive
in the amount of longer-term diary material they contain, as well as the
burgeoning directory of Internet contact details that is developing for
arbitral bodies world-wide. The next issue will be a compilation of this
more reference orientated material, which will then not be repeated until
September. This will allow the two intervening issues to contain more editorial
comment, and fuller details in a more selective diary.
Let us know if you like it, prefer it, or whatever.
A change that we hope will be less obvious, is the move of
European Arbitration to its own Internet host. (This will result in a slight
address change, which will be notified at the time.) It will also allow
the establishment of a database of files that can f files that can be remotely accessed
by readers. Suggestions for material that might be included is most welcome.
The United Nations Organisation has kindly given permission for some of
their material and texts to be incorporated in this site. Obviously back-issues
of EA will be deposited there. The current working 'diary of events' will
also be kept open for inspection, to allow checking of dates without waiting
for our next publication.
Of more use, to more people, is the aim.
EA
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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,elp in scheduling,
major world events are listed.
PLEASE see important note below,
before using any of this info.
1997:
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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.
five-day residential seminar. Reading, England. SGICC.
July 15-19 English Language for Lawyers (as above, SGICC).
July 20-23 Cross Border Tactics in Int'l Comm. Litigation
(SGICC).
July 25-27 Dispute Resolution at Home and Abroad.
Arbitrators &
&nbp;
Mediators Institute of New Zealand. Fax: 00+64-4-385.7224.
Sept. 25 IBA International Arbitration Day (New York).
Sept. 25-27 The Evolution of Dispute Resolution. SPIDR's 25th
Anniversary. Orlando, Florida. http://www.spidr.org
Sept. 26 IX Milan Colloquium of Arbitrators.
Chamber of National
and Int'l Arbitration, Milan. Fax: 00+39-2-8515.4384.
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.
Oct.23-25 CIArb, Conference, Coral Beach Hotel,
Paphos, Cyprus.
'Skilful Conduct of the Arbitration.'
Oct. 24 International federation of
Commercial Arbitration
&nnbsp;
Institutions, Geneva.
Oct.27-30 ICC Third Workshop on Arbitration, Paris.
Oct.31-Nov.2 European Branch CIArb. Conference. Athens, Greece.
contact: George Economou f: 00+3014182021
Oct.31 LCIA Asia-Pacific Council,
'New Developments in Int'l
Comm. Arbitration', Federation Ho, Tansen Marg, New Delhi.
Oct.31-Nov.2 LCIA Asia-Pacific Coun., Symposium. Mughal Sheraton,
Agra.
Nov. 2-7 IBA section meetings (New Delhi).
Nov.19-20 International Arbitration Practice Workshop,
Paris.
contact: ICC.
1998:
-----
Jan. 16 LCIA North-American Council.
Conference. Jointly with AAA.
Jan. 17 LCIA N.Am.Coun. Symposium.
(both events in Miami, Florida)
May 4-6 Biennial Conference, Paris. ICCA: fax: 00+46-8-723.0176.
May 8-13 LCIA European Council Symposium.
Tylney Hall, England. June 3-6 CIArb, Annual Conference.
Birmingham.
Oct.15-17 SPIDR Annual Int'l Conference. Portland,
Oregon, USA.
1999:
Nov. 17-18 CIArb, Millennium 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:
+++++++++++++++++++++ 3. DIRECTORY:
CIArb: Chartered Institute of Arbitrators (London)
CIArb East Anglia Branch:
European Arbitration:
HKIAC Hong Kong International Arbitration Centre
IBA: International Bar Association
ICC: International Chamber of Commerce (Paris)
ICC-Asia: ICC Regional Office for Asia (Hong Kong)
Institute of Arbitrators of Australia:
LCIA: Homepage: http://www.lcia-arbitration.com
SPIDR Homepage: http://www.spidr.org
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4. NEWS ITEMS.
Recent publications:
Athens Meetings.
SPIDR Conference, September.
Millennium Conference, 1999.
Dispute Resolution at Home and Abroad.
The AMINZ
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5. LETTERS TO THE EDITOR.
Q: (Showing man picture.) That's you?
Q: Was that the same nose you broke as a child?
Q: What is your relationship with the plaintiff?
Q: Now, you have investigated other murders, have you not, where
there was a victim?
Q: ...and what did he do then?
Q: Do you drink when you're on duty?
Q. What is your brother-in-law's name? A. Borofkin.
Q. Did you ever stay all night with this man in New York?
Q. Now, Mrs. Johnson, how was your first marriage terminated?
Q. Doctor, how many autopsies have you performed on dead people?
Q. Were you aquatinted with the deceased?
Q. What happened then?
Q. Mrs. Jones, is your appearance this morning pursuant to
a deposition
THE COURT: Now, as we begin, I must ask you to banish all present
Q. And lastly, Gary, all your responses must be oral.
O.K.? What
Q: Nobsp; Oral.
Q: Now doctor, isn't it true that when a person dies in his sleeps,
in most
Q: Was it you or your brother than was killed in the war?
Q: The youngest son, the 20 year old, how old is he?
Q: Were you alone or by yourself?
Q: How long have you been a French Canadian?
Q: Do you have any children or anything of that kind?
Q: Were you present in court this morning when you were sworn in?
Q: So you were gone until you returned?
Q: She had three children, right?
Q: You don't know what it was, and you don't know what it
looked like, but
Q: Do you recall approximately the time that you examined
the body of Mr.
Q: Have you lived in this town all your life?
A: Not yet."
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EUROPEAN ARBITRATION, EA and interarb are the trade marks of the
publisher, the entire contents of EUROPEAN ARBITRATION are the copyright
of the publisher and individual contributors. Permission is granted for
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Reprinting and resale of the material is strictly prohibited without
explicit consent of the copyright holder.
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Feb. 17-20 CIArb, Conference. Cancun, Mexico.
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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
E-mail:
71411.2735@compuserve.com
Homepage:
http://www.arbitrators.org
Homepage:
http://www.morris.co.uk/ciarb/ciarbea.htm
E-mail:
mchapman@zen.dedal.fr.net
backissues on:
http://idun.unl.ac.uk/~elm8baylyg/ea.html
E-mail:
adr@hkiac.org
Homepage:
http://www.hkiac.org
E-mail:
confs@int-bar.org
E-mail:
101643.1223@compuserve.com
&nbcom
Homepage:
http://www1.usa1.com/~ibnet/icchp.html
E-mail:
100443.2325@compuserve.com
E-mail:
instarb@werple.net.au
Homepage:
http://www.instarb.com.au/index.html
--------------------
'Arbitration versus Litigation in transnational Contracts:
recent trends in the United States relevant to foreign parties faced with
the choice (part one of two parts)'. _International Arbitration and Litigation
Briefing_1_(2). Jones Day, Frankfurt aM (f: 00+49.69.9726.3993).
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The European Branch (CIArb) is holding its Autumn meeting in Athens.
The orgeeting in Athens.
The organiser is George Economou, a maritime and commercial arbitrator
based in Piraeus. The programme will be based on the result of discussions
not only within the Branch but also with colleagues from the M.M.A.A. (the
Mediterranean Maritime Arbitration Association), the Greek Arbitration
Association and colleagues from Cyprus.
The meeting will run from Friday evening until the Sunday (Oct.31-Nov.2).
----------------------------
Dr Maria Volpe, SPIDR President writes: "In the past 25 years,
the promises and challenges for dispute resolvers have become increasingly
discernible. Many of the emerging developments could not have been intended
or envisioned as recent as 1972. With the continuing rapid growth of this
field, we will probably not recognize it at the end of the next 25 years.
The technologies and evolution of processes will be beyond anything we
can currently imagine." The 25th Annual International Conference
is in Florida from September 25th to 27th.
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The Millennium Conference will take place in London on November
17th and 18th. It is being organised by the Chartered Institute of Arbitrators,
and in particular by Professor Neil Kaplan, a Vice President of the Institute.
The location will be the Queen Elizabeth the Second Conference CenSecond Conference Centre.
This modern facility is just off Parliament Square (opposite the House
of Lords, and conveniently close to the Department of Trade and Industry
in Victoria Street) and can accommodate some six hundred delegates.
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subtitled " or, A Glimpse at Dispute Resolution in the 21st Century
" is the theme of the Arbitrators' and Mediators' Institute of New Zealand's
annual conference, this July (25th to 27th). Non members are welcome. The
meeting is being held at Palmerston North. Overseas speakers will include
Charles Barton, Ben Beaumont, Terry O'Connell and Michael Pryles. (See
next item also.)
---------
Having reviewed the conference, now seems an opportune moment to
print a few words about a non-European arbitral body. The AMINZ was formed
in December 1987, and now has 630 members. Membership spreads over thirty
occupational fields
The present body is the result of the fusion in 1996 of the Institute
of Employment Arbitrators and Mediators and of the Mediators Institute
with the Arbitrators' and Mediators' Institute.
Membership is graded (affiliate, associate , fellow). Panels of
arbitrators and mediators are maintained. A two year course in dispute
resolution has been established in cooperation with Massey University.
A post-gry University.
A post-graduation programme (leading to a 'Master of Business Studies (Dispute
Resolution)') is also offered.
The Institute is based in Wellington. (An e-mail address is being
set up, for the meantime the fax number is in the Diary, above.)
Dr Richard Hill of Geneva, kindly forwarded the
following, the similarity between the journalist (occasionally with a 'scoop',
often racking his mind to fill the next line) and the advocate (occasionally
with the damning question, often trying to just keep the ball in play)
is perhaps too obvious. I hope some of you enjoy them, or even view the
material as approaching a 'scoop':
"Most language is spoken language, and most words, once they are
uttered, vanish forever into the air. But such is not the case with language
spoken during courtroom trials, for there exists an army of courtroom reporters
whose job it is to take down and preserve every statement made during the
proceedings.
Mary Louise Gilman, the venerable editor of the National
Shorthand
Reporter, has collected many of the more hilarious courtroom bloopers
in
two books (Humor in the Court (1977) and More Humor in the) and More Humor in the Court).
A: Yes, sir.
Q: And you were present when the picture was taken, right?
A: I have only one, you know.
A: She is my daughter.
Q: Was she your daughter on February 13, 1979?
A: He came home, and next morning he was dead.
Q: So when he woke up the next morning he was dead?
A: I don't drink when I'm on duty, unless I come on duty drunk.
Q. What's his first name?
A. I can't remember.
Q. He's been your brother-in-law for years, and you can't remember
his first name?
A. No. I tell you I'm too excited. (Rising from the witness chair
and
pointing to Mr. Borofkin.) Nathan, for God's sake, tell them your
first
name!
A. I refuse to answer that question.
Q. Did you ever stay all night with this man in Chicanight with this man in Chicago?
A. I refuse to answer that question.
Q. Did you ever stay all night with this man in Miami?
A. No.
A. By death.
Q. And by whose death was it terminated?
A. All my autopsies have been performed on dead people.
A. Yes, sir.
Q. Before or after he died?
A. He told me, he says, "I have to kill you because you can
identify me."
Q. Did he kill you
A. No.
notice which I sent to your attorney?
A. No. This is how I dress when I go to work.
information and prejudice from your minds, if you have any.
school do you go to?
A. Oral.
Q. How old are you?
A. Oral.
cases he just passes quietly away and doesn't know anything about
it
until the next morning?
A: Yes.
Q: How many were boys?
A: None.
Q: Were there girls?
can you describe it?
Edington at the Rose Chapel?
A: It was in the evening. The autopsy started about
8:30 p.m.
Q: And Mr. Edington was dead at the time, is that correct?
COPY DATE for next issue: July 2PY DATE for next issue: July 25th.
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