EA19

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                      *      ARBITRATION      *
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                      *       issue  19.     *
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                                                       August 16th, 1997.

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

2.  Diary of Arbitral Events.

3.  Directory

4.  News items.
 

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1. TALKING POINTS:

Electronic Arbitration(?)bitration(?)
-------------------------
 Your editor has long been a supporter of 'documents-only' arbitration. If one takes the concept more generically as dispute resolution without a formal hearing then there is a range of procedures running from 'look-and-sniff' arbitration, through conventional documents-only arbitration with the formal exchange of bundles of documents, and extending to some exciting opportunities that 'new technology' now offers.
 Paper documents-only arbitration was widely used, and I understand is still much used, in maritime disputes. In the United Kingdom it has been very popular over the last quarter of a century or so for consumer disputes (that is disputes between consumers and suppliers of goods or services).
 The possibilities of the electronic delivery of not only 'documents' but also of graphic materials (drawings, photographs, etc.) and even audio and/or video files do seem to make the electronic mail message an ideal format for submissions to a tribunal, when there is to be no oral element to the procedure.
 Others, notably WIPO for their scheme for Internet domain name disputes, have proposed on-line 'hearings', with the parties and the tribunal communicating in real-time in conference over the Internet. The present thought though is very much an outgrowth of the traditional submission, delay, counter submission y, counter submission of documents-only techniques. The advantages being ones of much speedier delivery of material, and the trivial ease of copying files (even complicated video files).
 To promote this idea it is intended to publish some draft rules for comments in the next issue of EA. The field is new and some heavy criticism is not only expected but hoped for. The current matter under debate -as but one example- is whether to limit the size of file attachments, and if so to what sizes (for each protocol). This note is an invitation to anyone who has already had thoughts on this matter, or knows of any other proposals, to make contact.
 For aficionados of internet mailing systems the current thought is to work within the standard for Multipurpose Internet Mail Extension ('MIME'), that is IETF RFC 1521 (and related RFC's).
                                                               EA

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2. DIARY OF EVENTS:
 A fuller Diary occurred in EA18 and will next appear in EA21. The fuller listings also explain the concept (or 'mission statement') of the Diary. Meeting organisers wishing to check for clashes of dates are advised to consult the fuller listing.
But PLEASE see important note below, before using any of this info.

1997:
-----

Sept.15-19   PIDA XXVIII. International contracts: Study of a practical
             case. English/French with simultaneous translation.  Paris.

Sept.22-23   International Telecomm's Contracts and Dispute Resolution.
             London. IBC Conferences  katy.searles@ibc.uk.co
Sept.24      Dispute Resolution Workshop.   katy.searles@ibc.uk.co

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 Arbitras for the Modern Arbitrator."

Oct.23-25    CIArb, Conference, Coral Beach Hotel, Paphos, Cyprus.
             'Skilful Conduct of the Arbitration.'

Oct.23       (IFCAI General Assembly, for member institutions.)
Oct. 24      International Federation of Commercial Arbitration
             Institutions, Conference, Geneva.   'The Institutional
             Response to Changing Needs of Users'. Details from WIPO.

Oct.27-31    PIDA XXX. International commercial arbitration: Study of a
             practical case under the new ICC 1998 Rules. English/French
             with simultaneous translation.  Paris.

Oct.31-Nov.2 European Branch CIArb. Conference. Athens, Greece.
             contact:  George Economou  f: 00+3014182021

Nov.19-20    International Arbitration Practice Workshop, ICC, Paris.

Nov.28&nbs

Nov.28       LCIA European Council Symposium, Paris.
Nov.28       19H30 Dinner with ICC for LCIA Symposium and ICCA Council.
Nov.29       (ICCA Council, Paris. private meeting)
 

1998:
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May 4-6      ICCA Biennial Conference, Paris. fax: 00+46-8-723.0176.

May 8-13     LCIA European Council Symposium. Tylney Hall, England.

June 3-6     CIArb, Annual Conference.  Birmingham.
 

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:          (see also the DIRECTORY, below)
----------------
LCIA   (London)  t: 00441-719.363.530, f: 00441-719.363.533

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3. DIRECTORY:
 The next full Directory will be in EA21. Frequently requested addresses, and those relating to meetings in this issue's Diary, only, are listed here.
 (E-maile.
 (E-mail addresses contain an '@'. Homepage locators should
be preceded by 'http://www.', though many web software
packages will insert this if it is omitted.)

The Alternative Newsletter        Mistofoles@aol.com
             Calendar             mediate.com

CIArb  (London):                  71411.2735@compuserve.com
Chartered Institute of Arbitrators          arbitrators.org

CIArb East Anglia Branch:         morris.co.uk/ciarb/ciarbea.htm

Danish Institute of Arbitration   denarb.dk

European Arbitration:             mchapman@zen.dedal.fr.net
    backissues on:                idun.unl.ac.uk/~elm8baylyg/ea.html

HKIAC:                            adr@hkiac.org
Hong Ko/tt>
Hong Kong International Arbitration Centre     hkiac.org

ICC  (Paris):                     101643.1223@compuserve.com
International Chamber of Commerce usa1.com/~ibnet/icchp.html

ICC-Asia:  ICC Regional Office for Asia (Hong Kong)
                                  100443.2325@compuserve.com

LCIA:                                    lcia-arbitration.com

PIDA    of the ICC, Paris.               conf@iccwbo.org
(Programme de l'Institut de Dix Ans)     iccwbo.org

UNCITRAL                          un.or.at/uncitral

WIPO                    &n;            arbiter.mail@wipo.int     wipo.int

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4. NEWS ITEMS.

Lost mail:
----------
 As noted in EA18 our host's computer (not the EA site) has been having problems. Several Gega-octets of disc crashed in rather a serious way. The only loss to ourselves were the incoming and outgoing mails (in the 'spool files') at the time of the crash. (There are also some mails that were in the process of entering our host which were saved and cached, but seem to need the return of a Systems Manager from holiday to retrieve them and put them back in circulation.)
 Apologies from our site. Better connectivity is an ambition for 1997! PRACTICALLY if you have not received a reply to a message sent in July or August don't be abashed to chase for one (preferably copying the initial message).

Recent publications:
--------------------
  'Transnational Litigation: A Practitioner's Guide.' General Editor :
Richard Kreindler. Oceana. Looseleaf, ISBN 0-379-21365-6. USD 225.

  'Arbitration versus Litigation in transnational Contracts: recent trends in the United Sta 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).

The Alternative Newsletter:
---------------------------
 The latest edition of 'The Alternative Newsletter' (July 1997)contains even more information than ever. It covers some 62 pages. The newsletter has a news section (ten pages in the current issue), 'The Alternative Calendar' (13 pp) and 'Alternative Literature' (book reviews, etc., 39 pp). Subscription is 15USD, from James Boskey, Seton Hall Law School, 1 Newark Center, USA Newark NJ 07102-5210. (Mistofoles@aol.com)
 The purpose of this note is not though to praise this excellent source of information, but to note that the meetings calendar is now available online at www.mediate.com. The training calendar will be available soon.

Athens Meetings.
----------------
 The CIArb European Branch has now issued details of its Autumn meeting. The Saturday (November 1st) is a joint meeting with the Greek Arbitration Association and the Cyprus Branch of the Institute, to be held at the Piraeus Yacht Club. It will be opened with an address by Professor Gasis, President of the GAA, and it is hoped that Alecos Markides, Honorary President of the Cyprus Branch and Attorney General of Cyprusney General of Cyprus will be in attendance. The Sunday (Nov.2nd) morning will be devoted to a meeting of the Branch. The weekend commences with dinner on the Friday evening, at which Lord Mustill will give a speech.
 Further details from George Economou, on fax: +301.418.2021.

European Network for Dispute Resolution
---------------------------------------
 The schemes for fast arbitration and for mediation of cross border disputes have now been launched. ENDR is a non-profit body consisting of a number of continental chambers of commerce and the British CIArb. A ceiling of 100,000 ECU has been set for disputes referred for resolution. ENDR is not intended to replace any existing arbitral institutions.
 Initially the fee for fast arbitration has been set at 1500 ECU, and for mediation at 500 ECU. The arbitration procedure delineated involves the exchange of short written statements followed by a hearing of not more than one day, the award to be delivered within sixty days of appointment.
 The emphasis is on speed and economy, but respecting the basic procedural rights in arbitration.
 Contact: Miss Anne Kenny on 00+44.171.837.4483  fax: .837.4185

Courtroom bloopers:
-------------------
 I rather timidly published these, thinking perhaps there would be no reaction. Instead te no reaction. Instead there were a variety of comments, all amused. Those who professed to like them have been sent the full original message ... including the 'more medical' ones I had excised.
 Do ask if you also would like a set by e-mail.

The International Federation of Commercial Arbitration Institutions.
--------------------------------------------------------------------
 IFCAI was founded in 1985. It now has over ninety institutions as members.
 It has held seven general assemblies of its members. It has also organised conferences open to the interested public. Previous conferences have been in Cairo, Milan and Hong Kong (in 1992, 93 and 95 respectively). This October will see the fourth such conference, this time held in Geneva, and hosted by WIPO in collaboration with ASA.

WIPO changes phone number:
-----------------------------------
 From August 1st the number will be :
telephone :  0041-22-338-9111  (in place of  -730-9111).

Personal News:
--------------
Renato Casalotti, 1931 - 1997.
As was briefly noted in the EA18, Renato was killed in a road accident in London last month.
He originally trained as a chemical engineer at the University of Rome, was a Fellow of the Institution of Chemical Engineeron of Chemical Engineers, a member of the Ordine degli Ingegneri di Milano and Director of the Associzione Italiana di Ingegneria Chimica.
Though involved with dispute resolution in the various commercial directorships he held, his major contribution to the development of arbitration in Europe came with his organisation of pan-European discussion weekends at Tremezzo (autumn 1992) and Rome (autumn 1996). He served within the CIArb in various official and less-official capacities. Treasurer from the European Branch's creation. Editor of the Branch's Directory, publisher of its Newsletter, etc. He will be greatly missed by family and colleagues.
He is survived by his widow, Francesca, and their two sons.
 

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END OF THIS ISSUE.