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* EUROPEAN *
* ARBITRATION *
* issue 31. *
*  nbsp; *
September 4th, 1998.
Publisher Michael Chapman.
1. Talking Point.
2. Diary of Events.
4. News items.
5. FEATURE 'A neglected form of ADR.', Koos Rozemond.
6. FEATURE 'L'arbitre avec mission d'amiable compoisteur' Serge Braudo.
1. TALKING POINT.
The best way to introduce a very full issue, is to just thank
the contributors. Thank you.
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.
Sept. 12-13 LCIA North American Council Symposium, Whistler,
Sept. 13-18 IBA Biennial Conference, Vancouver.
Sept. 17-25 'The International Community and its Role in Preventing,
Managing and Resolving Conflict.' Cambridge. 21st
Century Trust email@example.com
Sept. 23-24 ICC 'Geneva Business Dialogue'.
Sept. 24-25 Colloque 75e Anniversaire. International Court of Arbitration
of the ICC. Geneva.
Sept. 24-25 American Bar Association, Dispute Resolution Section.
'Arbitration: Preparing for the 21st Century.' New York.
Sept. 25 Opening of the new building of
the T.M.C. Asser Instituut
by MR W.J. Deetman, Mayor of The Hague.
Oct. 8-11 AAA 'First Nationanbsp; AAA 'First National Neutrals' Retreat.' Orlando, Florida.
Oct. 12-16 IWBL 'Negotiating, Drafting and Executing
Contracts: Study of a Mock Case.' Paris.
Oct. 15-17 SPIDR Annual Int'l Conference. Portland, Oregon, USA.
Oct. 17 LCIA Pan-African Council.
Harare, Zimbabwe. Jointly with:
Commercial Arbitration Centre, Harare & Zimbabwe Arb.Assoc.
Oct. 20-22 Three day arbitration conference.
Central European University, Budapest.
Oct. 23-25 European Branch CIArb, Biannual Meeting. Budapest.
Contact Eugen Salpius firstname.lastname@example.org
Oct. 29 Nineteenth Annual Meeting
of the Institute of World Business
Law. 'Forging trust in electronic commerce: law and dispute
resolution.' Hotel Prince de Ganbsp; Hotel Prince de Galles Paris.
Oct. 30 Fifteenth Annual Joint AAA/ICC/ICSID Colloquium. ' Hotel
Prince de Galles Paris. Details : ICC.
Nov. 10 Goff Lecture, Hong Kong: Professor
Nov. 11-12 International Arbitration Conference, Hong Kong. ICC /
CIArb / HKIA / CIETAC / CMAC / IPBA / IMB.
Contact Christopher To at HKIAC.
Nov. 12 Fourth Young Arbitration Practitioners'
Dusseldorf. Contact Irene Bates, LCIA, .
Nov. 13 Second IBA International Arbitration Day. Dusseldorf, Germany.
IBA, ICC, LCIA & DIS. Long-term construction and infra-
structure projects. Contact IBA (email@example.com).
Nov. 14 Trsp; Traditional-style LCIA symposium, Dusseldorf.
Nov. 26-27 IWBL, International Arbitration Practice Workshop. Paris.
Dec. 2-3 Geneva Global Arbitration Forum. firstname.lastname@example.org
Dec. 7-11 PIDA XXXIV. Study based on a mock arbitration
1988 ICC Rules. Paris. email@example.com
Jan. 15-17 ASA, DIS & LCIA, Practice Building Seminar, Badenweiler,
Germany. Contact: Fr.Loechner, DIS, fax 00+49-18.104.22.168
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:
LCIA (London) t: 00441-719.363.530, f: 00441-719.363.533
The next 'full' Directory appears in EA32 (and the last was in EA29). This edition's contains contact details for bodies contact details for bodies mentioned in the Diary, new entrants, amended entries, etc.
American Arbitration Association
Serge Braudo's information site on arbitration and mediation (L'Arbitrage):
HKIAC Hong Kong International Arbitration Centre
IBA: International Bar Association
E-mail: confs@int firstname.lastname@example.org
ICC: International Chamber of Commerce (Paris)
ICC-Asia: ICC Regional Office for Asia (Hong Kong)
Kluwer Law International 'Arbitration Site'
LCIA: Homepage: http://www.lcia-arbitration.com
PIDA (Programme de l'Institut de Dix Ans) of the ICC, Paris.
SPIDR E-mail: email@example.com
WIPO E-mail: firstname.lastname@example.org
4. NEWS ITEMS
French Language Information Site:
I can thoroughly recommend the sites that have been created by Serge Braudo. Even if you do not read French the listings of arbitral bodies and the (hyper-)links to other sites are very rich.
Dear Mr Chapman,
Thanks for having transmitted the EA 30.
Concerning the French Arbitration Centers (your article
"Publications" in the same issue )you will find name, postal a will find name, postal address,
phone and fax, e-mail if any and website on " La Conciliation ,la
Mediation et l'arbitrage" I posted on the site of the University of
The address ot the page especially concerned is:
The address of some of the Arbitration Centres in Europe and in
other parts of the world is at:
The same informations can be accessed by my other web site
Serge Braudo ,Conseiller honoraire C.A Versailles
X-Sender: email@example.com (Unverified)
Date: Sat, 29 tt> Date: Sat, 29 Aug 1998 10:59:08 +0100
SPIDR moves International Office:
---------------------------------The society of professionals in Dispute Resolution has moved its international office.
SPIDR, 1621 Connecticut Avenue, NW, Suite 400, Washington DC 20009.
tel 00 1 202 -265 1927 fax -265 1968 e-mail, still, firstname.lastname@example.org
NOT the NYC (New York Convention):
My thanks to all who contributed the following information on the Geneva Convention of 1927:
By an Order in Council (SI 1984 No. 1168) Her Britannic Majesty declared that the Geneva Convention applied to the following territories:
Antigua and Barbuda MAURITIUS
Bahamas Netherlands (including Curacao)
Bangladesh New Zealand
British Virgin Islands Romania
Cayman Islands Saint Christopher and Nevis
Czechoslovakitt>Czechoslovakia St. Lucia
Falkland Islands Switzerland
Falkland Island Dependencies Tanzania
Finland Thailand Turks and Caicos Islands
France United Kingdom of Great Britain
Germany [in 1984 "FRG" and "GDR"] and Northern Ireland
Gibraltar bsp; Western Samoa
Ireland, Republic of
BURMA, Estonia, JAMAICA, and ZAIRE have also ratified or adhered to the Convention. (One of the most recent ratification's was that of Bangladesh in 1979.)
The NYC (1958) does not apply to those countries in BLOCK letters.
* I would welcome comment on whether the Geneva Convention still
applies to the Hong Kong SAR (certainly not all double tax treaties that
Hong Kong was a party to have been adopted by the SAR).
Personal news :
The new Secretary General of the Hong Kong International Arbitration Centre is Christopher To.
5. FEATURE ARTICLE(1)
A neglected form of ADR.
After dinner speech of Koos Rozemond at the
Annual Dinner of the Arbitration Club in the
Drapers Hall, London, December 4th, 1997.
One of my class mates at school had to write a test paper
in biology class. The subject was the elephant. He had not studied the
chapter on elephants but had restricted himself to the chapter on worms,
because it was less bulky. He started his paper with the following sentence:
"The trunk of the elephant reminds me of the worm", and wrote a brilliant
but rejected paper on the worm.
The same principle applies to the unexpected question put to me. It reminds me of everything I had prepared to say tonight, whatever the question would have been.
I want to say something on a neglected form of alternative dispute resolution (ADR), to wit, the throwing of a heavy object through the window of your opponent's house. It is a particularly appropriate forticularly appropriate form of procedure for claimants in cases about small amounts of money. Why?
1. It is not very costly.
2. It will satisfy your desire to hurt the other party.
3. It _will_ hurt the other party.
4. It will rob the defendant of the satisfaction of forcing you to drag him into court and make a fool of yourself.
The disadvantage of this procedure is that you will not get your money, but that can be compensated by the weight and size of the object and the amount of damage you do.
There is one requirement:
the other party must know that it was _you_ who threw the object without him being able to _prove_ that it was you.
I had planned to elaborate on this subject tonight with a little demonstration in this hall With a brick. As I expected difficulties at Schiphol Airport and Heathrow when I tried to export and import respectively a brick I decided to go by boat. When I sailed up the Thames River, three days ago, however I was stopped by a Customs boat. The inspector asked me what I had in my rucksack (Ridiculous German word, 'rucksack' when you have the eminently decent American word 'backpack' available, but anyway:) I said: 'A brick'. 'May I see it please, sir?' (When British authorities say 'please' I always feel slightly threatened: it gives me the impression that they want me to helat they want me to help them with their enquiries.)
I opened my backpack and showed him the brick. He frowned and said: 'To what purpose, sir, if I may ask, do you intend to bring this brick into the country? Please?' (More threats).
'To demonstrate how to throw a heavy object through the window of your opponent's house.'
He was silent for a few minutes. "You are Dutch, aren't you, sir? We have seen Dutch tricks up this river before. Have you heard of the Medway disaster?'
'No, I haven't seen the morning papers.'
The silence was a little longer now (he looked as if he counted to 10). 'That sir, was in 1667.'
He handed me my brick, nothing more needed to be said, I turned my boat around and sailed back downstream, back to Holland.
This afternoon I flew to Heathrow and was questioned about my backpack
again: 'What is that heavy object, sir?'
'That is a slipcase and it contains two books by Mark Cato'. He said: 'D. Mark Cato?' I said: 'Yes, D. Mark Cato.' He said: 'hank you sir, you may proceed. No sir, no need to show your passport.'
Now, it is far from my intention that one should use Mark Cato's books as projectiles, but they served as a diversion from the real missile - which was also in my rucksack and that was a brown jug filled with old Dutch genever. Which I show you now.
how you now.
When you want to apply this jug in ADR you act as follows: First you drink half the contents of the jug; for the creation of Dutch courage. The other half balances nicely in your hand. There is one problem. In a bottle you can see if you are halfway. In a jug you can't. To be on the safe side _do_ take a couple of extra sips. If that leads to the consumption of the whole contents you have gone too far and you will have to start all over again. Moreover if you have drunk more than half
1) it tends to spoil your aim
2) it affects your judgment.
One of my clients for instance quite effectively threw an empty jug through the window but then rang the bell because (he was a Dutchman) he thought it might be a returnable jug. When the opponent opened the door my client said: "I happened to pass by your house and saw somebody throw an empty Dutch genever jug through your window. Can I have it back?" The defendant reflected a minute on this question and then said: 'There is a flaw in your argument', punched my client in the face and said: 'And now there is one on your nose', whereupon he quietly closed the door.
Last question: How do you bill your client for your part in this procedure? Just charge him £ 2000. If he wants a breakdown of this amount, you can tell him:
'The hourly rate is £ 250
1 hour explaining procedure explaining procedure to you
1 hour brick buying
2 hours extension of brick buying into lunch
2 hours loss of the rest of the afternoon
2 hours discussion of bill.'
When he says: 'What if I do not discuss the bill? Do I get a reduction for 2 hours?'
'No', you say, 'you will then be charged two hours for "loss of profit caused by waiving right to discuss bill.'
One word of warning, though. Be sure that your client is not
any longer in possession of brick or jug, or else he will be inclined to
throw it through your window.
(Note: Mark Cato is President of the Arbitration
Club and author of The Sanctuary House, An
Arbitration Workbook, a novel with all relevant
arbitration documents Vol. I and II, 1462 pages,
(Note for readers (not to be read aloud or spoken to
English audiences unless you are seated close by
The Medway disaster
A Dutch fleet, consisting of 17 war ships, five
armed yachts and a number of fire,ships, under
commanbr> command of Admiral Michiel Adriaansz. de Ruyter
sailed in 1667 in the direction of Chatham, where
the most important English war ships were lying for
anchor. The fleet first occupied Sheerness, burnt it
down, and sailed up the Medway River. Shortly before
Chatham they rammed and broke through a chain that
was suspended across the river, and destroyed almost
all English ships. They took home two of the largest
ships, one of them the flagship the Royal Charles. If
you want to you can visit and view the escutcheon of
this ship in the Rijksmuseum in Amsterdam to this
very day. [The Embarrassment of what?] In the Historic
Dockyard exhibition near Chatham they refer to this
incident as "the least glorious episode in British
maritime history", which I find one of the Britishest
euphemisms I have ever come across. The irony of the
situation is that this exercise on the Thames River
in 1667 was undertaken to ensure a better place for
the Dutch at the negotiating table at negotiating table at the end of the
so called second Anglo-Dutch war. So it is one of the
oldest ADR-procedures in history.
reference: Samuel Pepys, Diaries, June 1667.
6. FEATURE ARTICLE(2)
As our e-mail system handles accents very erratically, the following article is reproduced, as submitted in HTML format.
It is "L'arbitre avec mission d'amiable compoisteur' by Serge Braudo.
If anyone has problems with decrypting the mark-up please let me
know and I will post it on the EA webpage for easier access. MC
Extrait du Nouveau Code de Procédure civile français
Art.12 .- Le juge tranche le litige conformément aux règles
de droit qui lui sont applicables .
Il doit donner ou restituer leur exacte qualification aux faits et actes litigieux sans s'arrêter à la dénomination que les parties en auraient proposée.
Toutefois il ne peut changer la dénomination ou le fondement juridique lorsque les parties,en vertu d'un accord exprès et pour les droits dont elles ont la libre dispo dont elles ont la libre disposition , l'ont lié par les qualifications et points de droit auxquels elles entendent limiter le débat .
Le litige né, les parties peuvent aussi, dans les mêmes matières et sous la même condition, conférer au juge mission de statuer comme amiable compositeur , sous réserve d'appel si elles n'y ontpas spécialement renoncé
Art. 58 .- Lorsque cette faculté leur est ouverte par l'article
12, les parties peuvent si elles ne l'ont déjà fait depuis
la naissance du litige, conférer au juge dans la requête conjointe,
mission de statuer comme amiable compositeur ou le lier par les qualifications
et points de droit auxquels elles entendent limiter le débat .
Art. 1474 . - L'arbitre tranche le litige conformément aux règles de droit, à moins que, dans la convention d'arbitrage, les parties ne lui aient conféré mission de statuer comme amiable compositeur.
Art. 1482. - La sentence arbitrale est susceptible d'appel à moins que les parties n'aient renoncé à l'appel dans la convention d'arbitrage .Toutefois, elle n'est pas susceptible d'appel lorsque l'arbitre a reçu mission de statuer comme amiable compositeur, à moins que les parties n'aient expressément réservé cette faculté dans laaculté dans la convention d'arbitrage.
Art. 1497. - L'arbitre statue comme amiable compositeur si la convention
des parties lui a conféré cette mission.
Serge Braudo ,Conseiller honoraire C.A Versailles
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