EA28

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                      *       EUROPEAN        *
                      *      ARBITRATION      *
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                      *       issue  28.      *
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                                                          April 18th, 1998.

                                                 Publisher Michael Chapman.
                                                  mchapman@zen.dedal.fr.net
 

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

1.  TAp>1.  TALKING POINT.

One of the participants at one of the recent WIPO Training Programs on Domain Name Dispute Resolution Procedures expressed, as an aside, that he felt the future of the Internet was more 'with' electronic mail than with web pages. Such a proposition does not affect the seriousness of domain name disputes: Whether one is looking at a homepage or replying to a an e-mail from, say, ceo@microsoft.com, one wants to be sure that you are dealing with who you think  you are dealing with.
This issue contains a note on 'Dr Bob's' guide to accessing the internet by electronic mail. I included this as I know some of our readers do not have full Internet access. As it happens, it was after writing that piece, and after five attempts over three days, at downloading a lengthy text from one of the arbitration sites, that I gave in on attempting to achieve a simple transfer of data by straight real-time access. A one line e-mail to an automatic server and the document was in my e-mail box within twenty-four hours.
This is all stated as a self-deprecating prelude to announcing that EA has finally 'put up' its web page. No coloured backgrounds. No photographs. Just a simple contact point, and some extracts from EA. The current trial version is just two pages. A brief outline and then hyperlinks to our Directory entries. A Diary with hyperlinks is in preparation. Certainly,paration. Certainly, perhaps backwoods-ishly, I see our web page's main role as being a portal for electronic mail messages to the editorial team here.
 Whatever, can we claim twenty-four issues and over two years of distribution without a web page as some kind of record? I doubt it.
 Happy surfing!                                                  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,
    p;                before using any of this info.

1998:
-----

April 23-25  Patent Alternative Dispute Resolution. Prof Irving Kayton.
             Naples, Florida, USA.   http://www.patentresources.com

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

May 7        'The Need for Speed: The Acceleration of International
             Arbitration'. Meeting in honour of Michel Gaudet.
             ICC, Paris.

May 8-10     LCIA European Council. (Fourth Tylney Hall Symposium).
             Tylney Hall, Hampshire, England.

May 15-16    Resolving business disputes in film and television.
             ICC, Cannes, France.

May 15-17    European Branch CIArb. Biannual Conference.
  &nb
             Annecy.    Michele Patocchi, fax +41.22.319.0600.

May 21-22    Court of International Commercial Arbitration. Seminar in
             celebration of 45th anniversary. Mangalia, Romania.
             fax +40-171.837.4185

June 3-6     CIArb, Annual Conference.  Birmingham.

June 5       The New LCIA Rules and London as an Arbitration Site.
             King's College, London. Linda Jones fax +44-171.872.0210

June 10      '40 years of the New York Convention', United Nations,New York
             nmikrut@unov.un.or.at (UNCITRAL Secretariat)
June 11      Uniform Commercial Law Information Colloquium (UCLIC), New
             York. UNCITRAL. See News section below for details of
             both these mee;  both these meetings.

June 12      Symposium for Younger Arbitration Practitioners.
             New York.  LCIA.    ("younger" is < 36 years)

June 15-19   International Commercial Arbitration: Study of a Mock Case.
             ICC Institute of Int'l Business Law and Practice.  Paris.

June 17-19   Faces of Mediation. Mediation UK Annual Conference. Sheffield.
             fax +44-117-904-3331      mediationuk@cix.compulink.co.uk

June 23-24   WIPO Workshops for Mediators in Intellectual
June 25-26   Property Disputes. Geneva.

June 24-28   International Conference on Arbitration and Maritime Law.
             Spanish Maritime Arbitration Association, Barcelona.
             fax:  +34-3.482.7158

July 2-4     The Hague's 750th Anniversary Law Conference:   " The Hague,

             Legal Capital of the World. "   (T.M.C. Asser Instituut,
             fax L.S. Huiisman on  +31.70.342..316)
             Panels G,I,J & K on Friday deal with Int'l Comm. Arbitration:
               G:  ADR in commercial disputes,
               I:  International Sports Law,
               J:  The Iran-US Claims Tribunal and the UNCITRAL Arb.Rules,
               K:  The Hague as a Venue for Commercial Arbitration.

July 21-24   'Internet Dispute Resolution Mechanisms' and 'Resolution of
             Domain Name Disputes'. parts of the Internet Conference,
             Geneva.    http://www.isoc.org/inet98/

Sept. 6-11 &nt>Sept. 6-11   CEDR. 'Mediator Skills Training'.
             Vevey, Switzerland.   fax: 00+44-171481.4442.

Sept. 23-24  ICC 'Geneva Business Dialogue'.
Sept. 24-25  Colloque 75e Anniversaire. International Court of Arbitration
             of the ICC. Geneva.

Oct. 12-16   IWBL 'Negotiating, Drafting and Executing International
             Contracts: Study of a Mock Case.'   Paris.

Oct. 20-22   Three day arbitration conference.
             Central European University, Budapest.
Oct. 23-25   European Branch CIArb, Biannual Meeting.   Budapest.
             Contact Eugen Salpius   fax +43.662.633.0033.

Oct. 30      Fifteenth Annual Joint AAA/ICC/ICSID Colloquium.  Paris.
             Details: ICC Institute of Int'l Business Law and Practice.

Nov. 13 &nb

Nov. 13      Second IBA International Arbitration Day. Dusseldorf, Germany.
             IBA, ICC, LCIA & DIS.  Long-term construction and infra-
             structure projects.       Contact IBA  (confs@int-bar.org).
Nov. 14      Traditional-style LCIA symposium, Dusseldorf.

Nov. 26-27   IWBL, International Arbitration Practice Workshop.  Paris.

Dec. 2-3     Geneva Global Arbitration Forum.  wernerp@iprolink.ch
 

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

                  &bsp;       +++++++++++++++++++++
 

3.  DIRECTORY:
The next 'full' Directory appears in EA30 (and the last was in EA27). This edition's contains contact details for bodies mentioned in the Diary, new entrants, amended entries, etc.

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

European Arbitration:
         E-mail:    mchapman@zen.dedal.fr.net
         Homepage:  http://www.france-explorer.com/perso/interarb

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

ICC:     International Chamber of Commerce (Paris)
         E-mail:    conf@iccwbo.org
         Homepage:  http://www.iccwbo.org

The Institute for Transnational Arbitration
         Homepage:  http://web2.airmail.net/slf/ita.html

Institute of World Business Law, see ICC (Paris).

Kluwer Law International 'Arbitration Site'
         Homepage:  http://www.kluwerlaw.com

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

UNCITRAL
         Homepage:  http://www.un.or.at/uncitral

WIPO     E-mail:    arbiter.mail@wipo.int
         Homepage:  http://www.arbiter.wipo.int
 

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

4.  NEWS ITEMS

Institute of International Business law and Practice, changes name.
-------------------------------------------------------------------
The Institute, part of the ICC in Paris, has announced that in mid-March its name has changed to the Institute of World Business Law.
Benjamin Davis remains Director of the renamed body.
E-mail contact is via conf@iccwntact is via conf@iccwbo.org

New York Convention Day:
------------------------
The final programme has been issued for this day of celebration -of four decades of the NYC. The tally of adhering states (always a source of polite banter at any arbitral meeting I have attended) is now 115 (and that is the UN figure of March 30th).
Attendance is free, but prior authorisation is necessary (see e-mail address of UNCITRAL in Diary section).
A commemorative cocktail is to be provided by the City of New York Bar and the AAA, that evening.
The day's programme is opened by Kofi Annan, and includes Pieter Sanders, Ottoarndt Glossner, Tang Houzhi, Robert Briner, Fali Nariman, Emilo Cardenas, Haya Sheika Al Khalifa, Neil Kaplan, Jean-Louis Devolve, Johnny Veeder, Sergei Lebedev, Jan Paulsson, Howard Holtzmann, Muchadeyi Masunda, Gerold Herrmann, Jose Maria Abascal Zamora, Albert Jan van den Berg, Werner Melis, Gavin Griffith ... and others. A star-studded, if not star-packed day. Whatever, a day that will surely live in the memory of those fortunate enough to attend.
The following day UNCITRAL is holding a meeting in New York, a 'Uniform Commercial Law Information Colloquium' of which the Electronic Commerce part will certainly touch upon arbitration and jurisdiction issues.

"London Court of International Arbitration New Arbitrationration New Arbitration Rules 1998 including Enforcement of Foreign Awards and London as a Venue."
---------------------------------------------------------------
EA did (jokingly) offer a prize for the longest meeting title, well before this year. That offer was prompted by an important meeting and we trust no offence was taken then. Again we have an important meeting, and we trust the opening levity will be taken in the correct spirit.
The meeting is to be held at the Centre of Construction Law (etc.) at King's College in the Strand, London, on June 5th. The chairmen are David Macfarlane and Lord Ackner. Five and a half hours of presentations are provided by twenty-one illustrious speakers, including not least the new LCIA President Yves Fortier.
Further details from Mrs Linda Jones at King's College on telephone 0171-873 2685, fax 872 0210.

Publications:
-------------
"Borders in Cyberspace" is a collection of essays edited by Kahin and Nesson. MIT Press, 1997, ISBN 0.262-61126-0. USD 25.  374pp.
To highlight but three of the essays:
Johnson & Post (The Rise of Law on the Global Network) suggest that cyberspace is a jurisdiction distinct from geographical ones.
Perritt (Jurisdiction in Cyberspace: Intermediaries) discusses models for a court or arbitration system.
Goldring, im>
Goldring, imaginatively discusses 'Netting the Cybershark'!
 

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

5. INTERNET RELATED NEWS AND COMMENT:
     see also:
          the book notice for 'Borders in Cyberspace' in the
               previous section (section 4), and,
          the comment on the arbitration/electronic commerce element
               of the UCLIC (June 11th), that appears at the end of
               the details of the 'NYC Day' piece in section 4.

Recent Articles in the 'Journal of International Arbitration':
--------------------------------------------------------------
In EA25 we gave short reviews of the papers by Arsic and by Schneider and Kuner in JIArb 14(3) (September 1997).
The Journal (JIArb 14(4), 103-110, December 1997) has now published a longer critique. Richard Hill comments on both pll comments on both papers in some detail, in the course of which he cites literature that does not always accord with the original authors' propositions. Certainly all three papers should be read together.
Interestingly Hill does not see as many problems with the resolution of disputes in electronic commerce as the lawyer-authors seemed to be implying. For example he cites:
- that whilst the time of formation of EDI contracts has been a subject of academic debate for some time, there are no reported disputes on such a question,
- the 'place of arbitration' issue for electronic arbitration is easily dealt with by the issue of a paper award from the place of signature [This problem is surely no different to issue of awards in documents only arbitrations, anyway.]
-the lack of complexity of telecomm's interconnection agreements (they are about 'price'), and,
-the query as to whether electronic commerce (as opposed to EDI) will give rise to sufficiently large transactions to warrant complex dispute resolution procedures: the purchase of "flowers, books, CDs and software" not involving major payments.
 

WIPO On-Line Expedited Arbitration:
-----------------------------------
 WIPO has issued draft rules for on-line arbitration
 This material is rapidly appearing on the Arbitration Center' the Arbitration Center's web page (see the more specific address that now appears in the Directory above). Shortly this will be joined by the facility to initiate an arbitration on-line. The Claimant can via the web page, access a pro-forma, fill in the necessary details, and lodge USD 750 (by credit card or various other means) and an on-line arbitration is initiated.
 Training Programs were held in Research Triangle Park (North Carolina) and in Geneva, in respectively March and April, to demonstrate these procedures. The programmes were based on the resolution of disputes for Internet Council of Registrars (CORE, http://gtld-mou.org) and for INternet ONE (http://www.io) with regard to domain name disputes.
 Domain name disputes are perhaps 'only the beginning' of Internet disputes. It seems likely that more disputes will arise in the future on website activity, on website content [:-)], on copyright, and on the transfer of technology.
 However just as the main WIPO arbitration rules are 'generic' (not restricted to intellectual property disputes), so the new On-Line Expedited rules are neither restricted specifically to domain name disputes, nor more generally to 'electronic disputes'. There are good reasons for not having such restrictions, not least the making of the procedure a hostage to fortune, with challenges to the tribunal's jurisdiction if the dispute can be said to fall ouan be said to fall outside the type defined in the rules.
 That said, WIPO has established an on-line system that could theoretically be used by any disputing parties for any dispute.

European Arbitration Website.
-----------------------------
Still only an infant, but growing, at:
 http://www.france-explorer.com/perso/interarb

The Internet by E-mail (only).
------------------------------
 I had thought that perhaps, by now, all our readers were 'web surfers'. The first request for our electronic archive (for a copy of the UAR) proved this not to be the case. Even within Europe many people only access the Internet by e-mail. From some countries it is the only possible route.
 Also, if you know what you want, and are not is a rush, then e-mail access can be much more economic of your time (let alone connect charges). Web pages can even be 'ordered' by e-mail -leaving some robot to do the searching, downloading, parcelling up and then sending to your electronic mailbox.
 The classic guide to all this has always been "Dr Bob's Guide to Offline Internet Access". The seventh edition has just (March 1998) come out. For a (free) copy, send a message,
to:   mailbase@mailbase.ac.uk
subject: (You don't need a subject, but some software prefebut some software prefers you
          put at least one space character into the subject field)
message:   send lis-iis e-access-inet.txt
(This above is a 'one off' request for one 'document' and does not add your name to any mailing lists, etc.)

News by e-mail on ADR, and on Labor Law:
----------------------------------------
The Willamette University College of Law (at Salem, Oregon, USA) offers several list servers on legal topics. The ones on recent developments in dispute resolution (DIS-RES) and recent developments in labor and employment law (LABOR-EMP) may be of interest. To join these lists, mail
to:   listproc@willamette.edu
subject: (You don't need a subject, but some software prefers you
          put at least one space character into the subject field)
message:   SUBSCRIBE DIS-RES JOHN SMITH    (where John Smith is your name)
or:         SUBSCRIBE LABOR-EMP JXXN SXXXH
If you want both you will have to send separate messages. Other lists over US Court judgements, including US Supreme Court decisions.
 

        &nbp;                 +++++++++++++++++++++
COPY DATE for EA29 is: May 1st.
                      +++++++++++++++++++++

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END OF THIS ISSUE.