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&nbsnbsp; * *
* EUROPEAN *
* ARBITRATION *
* issue 20. *
August 29th, 1997.
Publisher Michael Chapman.
1. Talking points.
2. Diary of Arbitral Events.
4. News items.
5. Feature Article.
1. TALKING POINTS:
Fairy Stories and Arbitration.
Repeating the August mood of last year (EA08) this issue's feature is an update on arbitral fairy stories.
Besides the annual bibliography of the genre, we again include an example. This being 'The Gold Diggers', which was originally published in February 1997. It parodies, I feel, a historical phenomenon of the recession of the 1980's. The economies of professional practices were capital rich, but very much income poor. 'Investing' to change direction seemed logical to many. There were -inevitably- good investments and bad investments.
Now the recession is (said to be) over, professional practices are left depleted of capital but with rising (if lowered) incomes. The quest now is perhaps for information rather than certification; for knowledge rather than qualifications. The tools to do today's job, rather than ... If this is the case we say it with some humility, because this journal -if unique in its own medium- is but a minor part of the ever widening field of arbitral publications.
And before anyone takes offence, what is parodied is I am sure an historical period. The future, as the author perhaps hints, lies in other directions.
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') 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.
Sept.15-19 PIDA XXVIII. International contracts: Study
of a practical
case. English/French with simultaneous translation. Paris.
Sept.18 1998 ICC Rules of Arbitration.
ICC UK, fax 00+44 171 235 5447.
Sept.22-23 &nbsSept.22-23 International telecomm's Contracts and Dispute
London. IBC Conferences firstname.lastname@example.org
Sept.24 Dispute Resolution Workshop. email@example.com
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
'Skills for the Modern Arbitrator."
Oct.23-25 CIArb, Conference, Coral Beach Hotel,
'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.27-29 International Construction Projects
... standard form
contracts. A three day seminar in Limassol, Cyprus. SGICC.
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,
Nov.28 LCIA European Council
Nov.28 19H30 Dinner with ICC for LCIA Symposium and ICCA Council.
Nov.29 (ICCA Council, Paris. private meeting)
Nov.29 Arbitration Surgery/Workshop.
CIArb Southern Branch, telephone Cliff Wakefield
00 44 1962 886331
Dec 5-7 Intellectual Property, A Special
London (Heathrow). CIArb.
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.
Please CONFIRM all details directly with organisers, the above material
is drawn from various sources and should not be relied on by itself(!).
(see also the DIRECTORY, below)
LCIA (London) t: 00441-719.363.530, f: 00441-719.363.533
SGICC Study Group for Int'l Commercial Contracts.
(London) t: 00441-817-8ondon) t: 00441-817-857-050 f: 00441-817-857-649
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.
The Alternative Newsletter
Chartered Institute of Arbitrators http://www.arbitrators.org
CIArb East Anglia Branch: http://www.morris.co.uk/ciarb/ciarbea.htm
Danish Institute of Arbitration http://www.denarb.dk
backissues on: http://www.idun.unl.ac.uk/~elm8baylyg/ea.html
Hong Kong International Arbitration Centre http://www.hkiac.org
International Chamber of Commerce http://www.usa1.com/~ibnet/icchp.html
ICC-Asia: ICC Regional Office for Asia (Hong Kong)
PIDA of the ICC, Paris.
(Programme de l'Institut de Dix Ans) http://www.iccwbo.org
UNCITRAL &p; http://www.un.or.at/uncitral
4. NEWS ITEMS.
The Interarb Rules:
As promised in EA19 these are now in their first draft. Rather than burdening this newsletter, which is meant to be readable as a simple short e-mail message, with these, they are being sent out as a separate message.
Two versions of this will be sent out:
INTERARB RULES (TEXT) is a plain ASCII text version, which should be readable by everyone
INTERARB RULES (BASE64) is a Word for Windows file, encoded into the base64 transmission code, if your machine reads this it should make for a pleasanter text.
I am more than happyp;I am more than happy to mail out floppy discs with the rules on, but the draft is at such an early stage, that is perhaps a little premature !
Comments please (on concept as much as on detail) and if possible before September 12th.
The FIDIC Form of Contract (Second Edition). Nael Bunni. Blackwell Science, July 1997. GBP 79-50. 650pp, hbk. ISBN 0-632-04079-3.
Bernstein's (now Bernstein, Tackaberry and Marriott's) third edition of the Handbook of Arbitration Practice is now heralded for publication in December 1997. Price 'at least' GBP 110-00 (according to the publisher's own flyer).?? pp. ISBN 0 421 56540 3
Hong Kong Meeting :
ICC-Asia is planning its first major conference in Asia. Co-hosted with the HK branch of the Chartered Institute, HKIAC and the new Hong Kong Institute of Arbitration, the conference takes place following the Goff Lecture (Nov.12) on Thursday Nov 13 to Sat am Nov. 15.
A mock case between a Chinese and a Canadian party, sited in Hong Kong, will highlight the new ICC rules (which come into force on Jan 1, 1998).
Then there is an afternoon in which specialists from half a dozen or more jurisdictions around Asia will give news on their countries. Saturday morning will Saturday morning will be devoted to HK and the PRC - comparing approaches, and predicting how they'll interact on the arbitration field.
Brochures will be sent out in early September, but provisionally it is hoped speakers/participants will include: Dr. Robert Briner, Chair of the ICC Court, Dr. Michael Buhler (White & Case Paris), Robert Knutson (Masons London), Jan Paulsson (Freshfields, Paris - who is giving the Goff Lecture), Renzo Morera of Rome/Milan, and various local specialist contributors.
Contact Louise Barrington at ICC-Asia (see e-mail address in Directory).
Fairy Stories and Arbitration
Thanks to all those who sent in additions to the bibliography, the update version follows :
'Age of Lags, The.'
European Branch CIArb Newsletter 3(3), 1-2.
Michael Chapman, 1995.
Altimen, The continuing saga of the'
European Branch CIArb Newsletter 5(1), 7.
'Arbour, The Wonderful Tale about, The Wonderful Tale about An. (In particular, the interesting
story about people and the extraordinary tale about a new variety of flowering
pp. 23-30, in 'Arbitration Bill 1995: The Second Reading in the House
of Commons', by Francis Miller (ISBN 0 9514295 6 6).
'British Gelatin: is it consolidated, or are you petrified ?'
European Branch CIArb Newsletter 5(1), 6-7.
 ADRLJ 169-171.
European Branch CIArb Newsletter 3(4) ; 3.
John Sykes, 1995
and as 'Dispute Resolution'
Arbitration News and Views 30, 21.
'Gold Diggers, The.'
European Branch CIArb Newsletter5(1), 4-5.
European Branch CIArb Newsletter 4(4), 6-7.
'Simplicity of Alternatives, The'
European Branch CIArb Newsletter 4(4), 5.
John Sykes, 1996.
'Three Little Committees, The'
Arbitration International 11(1), 100.
'via', Howard Holzmann, 1995.
'UNCITRAL and the Seven Parliamentary Counsel.'
Arbitration International 11(1), 98-99.
'via', Howard Holzmann, 1995.
There is another one in ADRLJ ! ! ! !
There is a second one in News and Views, too.
I am again grateful to the author for permission to reproduce the following example:
The Gold Diggers
Long long ago some people who lived near to a huge forest,
which occupied most of their region of the Country, would occasionally
see -often in the unclear halflight of early morning or late evening, small
creatures who would emerge cautiously from the forest, wander around the
edge and then disappear again into the leafy darkness.
After a number of such sightings -in different areas at different times- it became evident that the small creatures were of human form but diminutive stature. It seemed that they wandered along and in and out of the edge of the forest but never strayed far from it. This puzzling matter was of course of great concern to the Government which appointed a special commission to investigate, report and make appropriate recommendations concerning the little people. By this time -of course- these same `little' people had been named in innumerable Government documents and (therefore?) by the Press (with great invention and originality) "Diminutive Wanderers around the Regional Fs around the Regional Forest", a clumsy title which was rapidly reduced for ease of reference to its acronym DWARF.
Very few people -even now, in these internetional days, are aware of the accidental discovery of DWARFs so long ago and in spite of the efforts of many different bodies -and those of private investigators (many of whom were concerned about the human[?] rights of such DWARFs and many of whom were even more concerned about the environmental impact these little people would have on the forest), very little is known or understood about their way of life, culture and so on. It is believed that they live to advanced ages but that they keep very much to themselves. Extraordinarily they seem to have a mistrust and aversion to ordinary human beings.
Probably the best known DWARFs in history are the group of seven industrialised DWARFs who rescued from a fate worse than death the beautiful young maiden who had fled from her pursuers into the Forest and thereafter preserved her anonymity by adopting the soubriquet (if that is the correct word for a name adopted by such a pretty girl) `Snow White', Actually she had black hair and at the time of her rescue was white from sheer exhaustion and fear.
As we have all learned from the early records of this dramatic event the magnificently generous and hospitable seven they were named Happy, Grumpy, Sleepy, Sneezy, Bashful, Dopy and Doc byful, Dopy and Doc by Snow White who could not pronounce or spell their real names (she also gave names to some of their friends too).
The Seven Dwarfs, as we came to know them, were miners. They had a very nice little gold mine deep in the forest and every day they would happily go to work -with a "Heigh" and a "Ho" to dig up enough gold to provide an adequate minimum wage for each of them.
Actually they usually disagreed about what should be a minimum wage - Happy didn't care, Sleepy had a short attention span of only a couple of hours so never heard the end of any argument, Bashfull was never really prepared to say what he thought (because Grumpy got so angry) and Dopey, of course, didn't really understand the problem. Sneezy's and Doc's views simply had to be ignored because they were both obsessed with the ever increasing cost of the provision of medical facilities and their opinions became unrealistic. In any case their arguments were all rather pointless because they shared their wages anyway.
They did have a problem however in that they were getting older and life was not as it used to be. Sneezy's health went from bad to worse. Dopey found his memory failing and even Happy smiled less frequently. Grumpy became even more short tempered. At last it was Bashful who said to Doc: "We must do something: it is getting more and more difficult to maintain output and yet with the mut and yet with the market falling we must find ways to increase productivity. We seven can no longer achieve the necessary turnover."
They discussed the problem at length, of course -even keeping Sleepy awake during complete meetings- and decided that they needed help: by recruiting worker dwarfs they could increase output sufficiently to allow for market fluctuations and be able to pay reasonable wages to their worker dwarfs.
This worked for a time of course but then became `uncomfortable'. The worker dwarfs objected to the seven working alongside them for instance, because they said it "constituted an unwarranted intrusion into their privacy" (and the seven could see when they started and stopped work). When in response however `the Seven' stopped work turnover, productivity and profitability fell and the worker dwarfs complained of low wages, unsafe working conditions, long hours -and that the Seven were taking a disproportionate income. By this time the worker dwarfs had elected one of their number as a representative; a charming, friendly dwarf called Chummy. He was very helpful and explained, so well, all the problems of the worker dwarfs in a way in which the `Seven' had never even imagined. The outcome was all very sad. They found that they owed all the worker dwarfs so much in compensation and income was so low that having paid all the wages -and of course Chummy's fees, commissions afees, commissions and expenses- there was very little left for the destitute seven.
"A friend of mine can probably advise a remedy", said Chummy. "His name is `Conny' and he has some experience of management consultancy."
The seven agreed; Conny came; Conny examined the mine, the labour plans and the accounts and said: "This mine cannot support all of you." The Seven were shocked of course and the subsequent discussions about what to do went on and on (except Grumpy who was speechless, Sleepy who, true to form, had nodded off and Dopey who couldn't understand why it was necessary to do anything anyway). Eventually with help from Chummy and Conny they evolved a plan.
"We have had so much experience of our little mine over many long years that instead of depending on digging and selling gold we will sell our knowledge: we will teach people to dig!" The idea caught on very quickly. Grumpy pointed out: "We should start with our own: they have no idea how to dig." Happy felt a bit uneasy and protested: "We've been approving their work how can we say it's not good enough?" "Well", said Doc, "there is no doubt it's getting more and more complicated to cope with health and safety rules and the new environmental provisions -every time we hit a rabbit burrow we are supposed to provide alternative accommodation." "So", said Conny, "the answer is clear. We must identify `difficult work' and ifficult work' and say that only certificated diggers can work there: then we must design certificates and make courses available to train people to qualify for the certificates." Chummy pointed out that some of `his members' were already highly qualified and after a bit more discussion they agreed to the issue of a limited number of Honorary Certificates. Doc, Happy and Grumpy agreed to sort out a training course programme and Conny said he would help Chummy to agree a suitable set of notes and fees.
Bashful felt he couldn't take part in the training course because he would find it too embarrassing and Sneezy didn't want to spread germs (Sleepy had nodded off again and Dopey was trying to work out why anyone should need to be taught to dig).
It all worked very well however and a lot of the worker dwarfs applied for courses for certificates -particularly when they found there was no gold left in the `easy' areas which did not require certificates _ _ _ _ _ _ _
(to be continued!)
From Michael Reynolds Date: Mon, 18 Aug 1997 10:12:23
Many thanks for the recent issue.
I caused a bit of a storm recently over comments I made in Construction News about the appointment and qualifications of arbitrators and compounded my remarks by suggesting English domestic construction arbitration is lagging behind other countries! Why does it take only 3 0r 4 days hearing in France and 20 weeks in England for a similar matter?
We must set up a dialogue with your members about this.
[Your editor has some cynical thoughts of his own on this subject.
Thoughts confirmed by one busy (non-lawyer) professional bemoaning an appointment
not coming his way and the consequent financial loss. He was not going
to be inactive, the complaint was _not_ at the lack of academic (or other)
stimulation from arbitration, the complaint was purely financial, so arbitration
-in that one case- must have been paying over normal professional rates.
Could this be a germ towards answering Michael Reynolds' problem?
If so I as a non-lawyer say in all humility to Michael -who is a lawyer- that perhaps a minority of expert-arbitrators (non lawyers) wish to earn what they _think_ lawyers earn. All professions have a range of individuals ... and all professions tend to be judged by the outside world by the 'war stories' they create!
Less cynically: r>Less cynically: Are not many civil law arbitrations much cleaner and quicker because the sordid bits have already been picked through by an Expert ... who may even have had his own hearings. If so, is this reflected in 'the English System' where there is a few days of hearing (of an appeal in court) which decides the matter after many weeks of picking through the evidence by the expert(-arbitrator) ?
Less jaundiced comments welcomed ! Ed.]
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