ISSN  1286-4528
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EUROPEAN ARBITRATION, EAandinterarbare the trade marks of the publisher, the entire contents of EUROPEAN ARBITRATION are the copyright of the publisher and individual contributors.  Conditions allowing for not-for-profit, electronic redistribution and storage of the material are given in each issue.

EA is published as a simple text newsletter. No attempt has been made to format, or 'style' the back-issues reproduced here.
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                 &nbsbsp;       *                       *
                      *       EUROPEAN        *
                      *      ARBITRATION      *
                      *                       *
                      *       issue  23.      *
                      *                       *

                                                      January 30th, 1998.

                                                 Publisher Michael Chapman.

1. Talking Point.
2. Diary of Events.
3. Directory.
4. News items.
5.  Internet related News and Comment.
6.  Letters.


Much as we try to keep our eye on 'the message' and not be over affected by 'the medium', the latter -that is electronic messaging- does keep intruding.
Broad sheet newspapers rarely touch on woodpulp prices, or the chemistry of inks (though they do paradoxically seem to have a lot to say about the electronic distribution of news). So I have no desire to bend readers' ears about what the Internet can do 'for you'. This issue, though, sees a small step by EA towards the creation of an electronic library of arbitration material. This will be accessible by simple e-mail request, returning the chosen material some (tens, for the moment, of) hours later, again by simple e-mail. No browsers, no hypertext (no colour).
This has also prompted us, in this special section to reproduce an article from the States commenting on the demise of simple plain text (or 'vanilla ASCII') electronic messaging.
Whatever, the twin aims, beyond a steady increase in archived material, are to decrease the response time, and to add files marked-up to allow graphical presentation as well as simple text.
User comment remains, as ever, fundamental in guiding this small publication forward. Thanks.
                             &n                                            EA



 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.


Feb. 28      Arbitration Studies Day. Forte Posthouse, Maidstone, UK.
             Advanced Training Services, ats@cableinServices,
             fax 00+441-622-670-320.

Mar. 13      LCIA North-American Council. Joint conference with AAA.
Mar. 14      LCIA North-American Council. Traditional LCIA Symposium.
             Biltmore Hotel, Miami.

Apr. 2-4     Resolving Disputes in the Global Marketplace.
             Washington.  A.B.A.  tel +1-202-662-1680.

Apr. 4-9     International Commercial Arbitration Moot. Vienna.
             Co-sponsored by the LCIA. Subject: Int'l sale of goods

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

May 8-10     LCIA European Council Symposium. Tylney Hall, England.

May 15-17    European Branch CIArb. Biannual Conference. L'Imperial Palace,
             Annecy, Savoie, France.    Contact Michele Patocchi,t Michele Patocchi,
             fax +41.22.319.0600.

June 3-6     CIArb, Annual Conference.  Birmingham.

Sept. 6-11   CEDR. International Summer School. 'Mediator Skills Training'.
             Vevey, Switzerland.   fax: 00+44-171481.4442.

Sept.12-13   LCIA North American Council. Traditional LCIA Symposium.
             Vancouver, British Columbia, Canada.
Sept.13-18   IBA Biennial Conference, Vancouver.

(October)    LCIA Pan-African Council. Harare, Zimbabwe.

(October)    European Branch CIArb. Biannual Conference. Budapest.
             Contact Eugen Salpius   fax +43.662.633.0033.

Oct.15-17    SPIDR Annual Int'l Conference. Portland, Oregon, USA.

Nov. 13      Second IBA International Arbitration Day. Dusseldorf, Germany.
             Jointly presented by IBA, ICC, LCIA & y IBA, ICC, LCIA & DIS. With a theme of
             long-term construction and infrastructure projects.
             Contact IBA  ( See NEWS section also.

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

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.
LCIA   (London)  t: 00441-719.363.530, f: 00441-719.363.533


The next 'full' Directory appears in EA24 (and the last was in EA21). This edition's contains contact details for bodies mentioned in the Diary, new entrants, amended entnew entrants, amended entries, etc.

Advanced Training Services

American Arbitration Association

CIArb:   Chartered Institute of Arbitrators (London)

European Arbitration:

IBA:     International Bar Association

ICC:     International Chamber of Commerce (Paris)

LCIA:    Homepage:

SPIDR    E-maR    E-mail:



ENDR - call for neutrals.
   The dispute resolution schemes of the European Network for Dispute Resolution (ENDR or REAM in French) were launched in the Spring of 1997.
   Progress is being made, if not rapidly, in widening membership throughout all member states of the European Union. The Irish Branch of the CIArb is expected to join shortly. Contacts have been established in Sweden and with Greek arbitral organisations. Details of any possible contacts, in countries not yet represented by membership of ENDR, would be gratefully received by John Ferry.
Additional Members in countries with existing Members should be sought by those existing members.  Marseilles ('CARMED') attended the AGM as an observer and intends to join.
   Each Member has been requested to submit a list of arbitrators and mediators. The CIArb's list of arbitrators for ENDR is published in the latest European Branch Newsletter (_6_,1 (19h Newsletter (_6_,1 (1998)).
It is hoped, that more colleagues will come forward and would be prepared to handle one or two disputes a year, initially, on what is essentially a pro bono basis.
Contact: John Ferry, BP 20, F-47210 Villereal.  Fax 00+33-5-

2nd IBA International Arbitration Day, Dusseldorf:
'Dispute Resolution Methods in International Long-Term Construction and Infrastructure Projects Seminar.'
Presented by the Arbitration and ADR Committee (SBL Committee D), with the International Court of Arbitration (ICC), the London Court of International Arbitration (LCIA), and the German Arbitration Institution (DIS).
Legal problems experienced by practitioners, lawyers, and advisors involved in international long-term construction and infrastructure projects as contractors, subcontractors, industrial suppliers, engineers will be discussed.  Panellists from the United States, Europe and Asia will provide practical and new information on Arbitration/ADR/Dispute Review Boards and other dispute resolution schemes, conservatory measures and interim court remedies, all related to long-term projects. Interdisciplinary contractual situations and multi-party disputes will also be considered.
e-mail as in Diary/Directory. Fax 00 +44 171 409 0456 (tel 629 1206)

ATS Courses:
Advanced Training Services has announced the addition of the following correspondence-based courses (reference codes in brackets after titles) to its 1998 programme: Comparative substantive law (CSL), Comparative civil procedures (CCP), International substantive law (ISL), Comparative arbitration codes (CAC), International arbitration practice (IAP), and Alternative procedures to strict law (AAP).  Fax: 00+44-1622.670.320

Pacific Rim arbitration  -some statistics:
Your editor has previously bemoaned the scarcity of arbitration statistics.
He was therefore pleased to see The Alternative Newsletter review some
data from 'The arbitrator' (Australia). The numbers of cases _received_
by various centres are tabulated:
                                     1993       1994       1995
CIETAC    (China)                   bsp;     486        829        902
HKIAC     (SAR Hong Kong)             139        150        184
ACICA     (Australia)                 154        148        162
JCAA      (Japan)                       3          4          8
                 Totals               782       1131       1256
In terms of incre>In terms of increase these can be stated as percentage rises compared with 1993 as a 'base' year:
                                                1994       1995
CIETAC    (China)                               + 71       + 86
HKIAC     (SAR Hong Kong)                       +  8       + 32
ACICA     (Australia)                           -  4       +  5
JCAA      (Japan)                               + 33  + 33       +166
                 Totals                         + 45%      + 61%

Mediterranean Arbitration Council:
Newly formed to promote ADR and arbitration in the South Mediterranean. Vice presidents: Mauro Rubino-Sammartano and A.Foustoucous.
Contact, the President, Habib Malouche, Cabinet Malouche, Gallaxie Tour D'Asdrubal, rue d'Arabie Saoudite, Tunis 1002.

   The AAA has produced a one sheet " Catalog of Bibliographies and Reading Lists ", available free of charge from
   It gives details of fourteen bibliographies. The following are the more arbitral titles:
The Arbitration of Securities Claims       (USD15) 16pp, 1990
--ditto-- supplement 199tto-- supplement 1990-1992             (USD 7)  5pp, 1992
Basic documents on Commercial Arbitration  (USD25) 28pp, 1995
Basic Documents on Grievance Arbitration   (USD20) 19pp, 1992
Basic Doc's on International Comm. Arb.    (USD20) 34pp, 1992
Dispute Avoidance and Prevention in the
                    Construction Industry  (USD20) 14pp, 1995
Mediator and Arbitrator Standards          (USD10)  2pp, 1995
   There are cheaper prices for AAA members. Orders may be placed using American Express, MasterCard or Visa. There is a USD 3-50 handling/shipping charge per order. Fax 00+1 212 541 4841

Personal news :
Peter CALDWELL, has left the Hong Kong International Arbitration Centre, where he was Secretary-General, to establish a private practice.
He can be contacted by fax at 00 +852 2869 4290  (or voice 2337 7874).

Hans MARCUS, solicitor, with Edmonds Bowen and Company, London, died in the autumn of 1997. He will be best known to most readers for the gr most readers for the great efforts he put into the establishment of ADR in the British Isles.



European Arbitration offers an Archive.
   It is now possible to request text files from EA. The prime intention was to offer documents of use to the arbitral community. However the (flattering) number of requests for back-issues, for what mainly is quite an ephemeral listing of 'events' means that these are being loaded first.
   We are very grateful to the United Nations for the agreement which allows us to distribute their texts, not least UNCITRAL documents. As stated in that material, it remains the copyright of the UN. The first document to be loaded is, perhaps not surprisingly, the UNCITRAL Arbitration Rules of 1976.
   To use this service send an e-mail
to:      <>
subject: <Majordomo>
text: any of the following phrases:
 <help> an expanded version of these instructions is returned
 <index EA>  a listing of available back issue available back issues is returned
 <get EA00>  the current issue is returned
 <index interarb>  a listing of available material (a list of lists)
 <get UAR>  returns the UNCITRAL Arbitration Rules
 <end>  not essential, but the preferred way of closing your
             request, which _may_ consist of multiple instructions
Due to our site being down a chain of machines, it may take over a day for the file to be returned. please be patient, and report any problems to us.
   If any readers know of, or have, text material suitably for adding to the archive, do please contact the Editor.

Simple or graphic?
   EA started a simple text newsletter, back in 1996, and has maintained that style. We have resisted the temptation to go for hypertext, even -with more difficulty- resisted toying with three dimensional moving image file attachments! Progress marches on though.
   EA, despite its name, has a world-wide readership. The Pacific Rim is particularly well represented, as are both North and South America. We await with some curiosity to see what take-up there will be for our archive of 'plain text' files, when so much of this materin so much of this material is available 'in full colour' on the www.
   In the hope of stimulating reader comment on what currently is the practical lowest common denominator for e-mail exchange, the following piece is quoted from the Dr.Internt newsletter :

" Date: Thu, 22 Jan 1998 16:26:40 -0500
From: "Michael S. Hart" <>
Subject: "Ask Dr. Internet" for January, 1998

" Q1.     Why Are Big Systems Dropping Text Based Email Services, and Forcing Everyone Onto the Web?

" A1.     I am sure you have heard lots of people complaining that schools and other institutions are rushing into the computer age quickly . . .too quickly. . .BUT. . .this is a great example of just the kind of people who complain of this doing exactly that!
" Many political administrators who don't know any better, or even
system administrators who SHOULD know better, are eliminating an
extraordinary amount of "Plain Vanilla" access to the Internet.
" People who for years have been logging in, getting and sending a
lot of email, subscribing to discussion groups, accessing UseNet
. . .all of the normal Internet activities. . .are now being the
next generation of victims of the "Superhighway Steamroller" the teamroller" the

powers that be are using to force everyone into using GUI's [the
Graphical User Interfaces] that have overridden all other things
computers and the Internet have been doing all these 30 years.
" Because of the popularity of GUI's such as Windows and the Macs,
many systems are now voiding accounts which have been in use for
years or decades, and are forcing their users to get new program
software, new hardware, new modems, pretty much new everything--
just so plain text accounts can be eliminated.
" However, what they don't take into account is that plain text is
much more efficient than GUI's. . .as 90% of the cpus and videos
are pretty much "frosting on the cake" when it comes to actually
delivering information.
" Another thing they don't take into account is the huge number of
sites that are run with donated "hand me downs" such as XT or AT
machines from a while back.  Try running Windows and MicroSoft's
Internet Explorer on those, and you will see what the people who
are forced out of their plain text accounts have to put up with.
" There is more that I have received about this than I should ever
be able to pass on in good conscience, but if you need help from

anyone in fighting this sort of thing, just let me know. "



From Sandra Mancini                       Jan 27, 98 10:14:11 am

Subject: Newsletter

   I came across your website and became interested in your newsletter.
   I am currently working in Employee and Labor Relations in the United
States. I would like to learn more about the arena of arbitration and if
possible mediation in Europe.  I am very much interested in gaining a
comparative perspective.
   In turn, I would also be more than willing to provide members of your
community with information on areas of interest in the United States.
   Below is my mailing address and e-mail address.  I look forward to
receiving your publication.

Sandra Mancini                         Tsp;    Telephone: (215) 573-9307
Staff Relations Specialist             Fax:       (215) 898-0403
Department of Staff and Labor Relations
University of Pennsylvania
527A, 3401 Walnut Street
Philadelphia, PA 19104-6228     E-mail :

COPY DATE for EA25 is: February 20th.

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Reprinting and resale of the material is strictly prohibited without explicit consent of the copyright holder.


EA is published as a simple text newsletter. No attempt has been made to format, or 'style' the back-issues reproduced here.
BACK TO Index Page of back-issues of EA.