EUROPEAN ARBITRATION
ISSN  1286-4528
EA is an electronic newsletter providing a source of information and comment, centred on its diary of arbitral events.

EA is distributed free of charge, via the Internet, to interested members of the arbitral community.

News and details of forthcoming events are particularly welcome. These and subscription requests should be addressed to:
The Editor

EUROPEAN ARBITRATION, EA and interarb are 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.


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                                                                    EA39

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                      *       EUROPEAN        *
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                      *       issue  39.      *
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                                                          April 30th, 1999.

ISSN 1286-4528                                   Publisher Michael Chapman.
                                                           ea@interarb.com
 

1. Talking Point.
2. Diary of Events.
3. Directory.
4. News items.
5. Letters:
     -conference in Zagreb
     -Year 2000 Litigation
     -Australiannbsp; -Australian International Arbitration Act, 1974
 
 
 

1.  TALKING POINT.

                                                http://www.interarb.com/vl/

            Arbitration Database as part of
            -------------------------------

            the WWW Virtual Library Project
            --------------------------------

 We announced details of this database in the last issue of EA. The site has been well received. visitor numbers continue to rise, and from the size of those numbers now include a much wider audience than 'the usual arbitral community'. Data is only available for part of April, but visitors look set to be well into the four figures for the first full calendar month of operation.
 There remain various aspects of the site that need adjusting. But in essence this early period is an opportunity for users to join in adding mers to join in adding material and correcting entries. A database such as this, is always ongoing and is never going to be in an ideal state.
 Work scheduled includes: Changing the 'ratings' system (this came with the software, but needs modifying); Improving the page design (at the moment the design is a default one); Proofing entries and link checking (as the database is a dynamic, continually changing one, these are always ongoing processes and apologies if you hit a snag before we find it ... do let us know, though!).
 Suggestions for improvements (and as always new entries) are most welcome.
http://interarb.com/vl/
                                                                      EA

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

2. DIARY OF EVENTS:

 This is the *last* Diary listing to appear in this form.
 In future we will bring you news of important events as they are anno as they are announced. The full list can now be found via:
  http://www.interarb.com/diary/
 All DIARY contributions remain most welcome (whether they have a 'hyperlink' or not!). The list is both for the individual arbitrator and for those who plan meetings.''
 

                PLEASE see important note below,
                 before using any of this info.
 

1999:
-----

May 7-9      LCIA European Council Symposium.

May 8-10     International Conference on International Commercial
             Arbitration. Sydney, Australia.
             Institute of Arbitrators and Mediators Australia.

May 11-16    Hague Appeal for Peace. http://www.haguepeace.org
May 13th     Session on International Public Arbitration organised by
             the PCA, including speakers from FICA, chairman
       ;          H.E. Bola Ajibola.

May 14th     ARIAS Annual General Meeting, London. fax 0171 617 4440

May 17th       Conference of the [state] members of the Permanent
             Court of Arbitration, The Hague.

May 17-18    WIPO Workshops for Mediators in Intellectual Property
May 20-21    Disputes. Grand Hyatt Hotel, New York.

May 18-19    Celebration of the Centenary of the First Hague
             Peace Conference (of 1899)..
             http://www.minbuza.nl/english/conferences/c_peace1.html

May 21st     ICC Asia: 3rd Asian Arbitrators' Colloquium, Hong Kong.
             by invitation only.  (places limited to 30).  Contact
             Louise Barrington  mailto:louiseb@netvigator.com

'June'       LCIA Young Int'l Arbitration Group (<36 yrs.) Zurich

June 4-6  &nbs>June 4-6     Mediation - von anderen Beratungsformen Iernen. Berlin
             mailto:Lediation@t-online.de

June 14-16   ADA Mediation Online Conference. Online.
             mailto:keybfound@aom.com   http://www.keybridge.org

June 23-25   Celebration of the 1899 First Hague Conference, to be
             held in St. Petersburg.
             http://www.minbuza.nl/english/conferences/c_peace1.html

July         Conflicts and Religion in the Middle East. Amman.
("1st week") mailto:postmaster@jo.rdg.ac.uk

Sept. 14-16  WIPO International Conference on Electronic Commerce and
             Intellectual Property. WIPO, Geneva.

Sept. 23-25  SPIDR Annual Conference, Baltimore, USA. www.spidr.org
             Lessons from the Past, Looking to the Future.

Sept. 24-26  LCIA European Council Symposium. Barcelona/
26/9 -na/
26/9 - 1/10  IBA Conference, Barcelona.

Oct. 21-22   WIPO Workshop for Arbitrators. WIPO, Geneva.

Nov. 17-18   CIArb, Millennium Conference. QEII Conference Centre, London.

Nov. 22      ICC IWBL Colloquium of Arbitrators, Paris.

Dec. 1-2     8th Geneva Global Arbitration Forum. Wernerp@iprolink.ch

Dec. 4-5     LCIA Pan African Council Conference. Cairo.

Dec 8-10     Arbitration and the Right to a Fair Trial.
             Seventh International Arbitration Conference, Zagreb.
             www.hgk.hr/komora/sud/zgcon99.htm
 

Please CONFIRM all details directly with organisers, the above material is drawn from various sources and should not be relied on by itself(!).
 

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

3.  DIRECTORY:
The Directory now only records recent and/or interesting entrants.

A fuller listing will be found at http://www.interarb.com/ea/dir.htm
Every effort is being made to y effort is being made to keep that directory both as complete as possible and as up-to-date as possible. The list is in the process of being moved over to a database which will ease its searchability. Readers' assistance in providing entries for the Directory is welcomed!
 

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

4.  NEWS ITEMS

Call for assistance in providing local news:
--------------------------------------------
     Many thanks to those who responded and offered to provide local news for EA. We hope to see the flow of material produced, commencing in our next issue.
     Further offers are most welcome.

Books advertised:
-----------------
Arbitration Rules -National Institutions.
Hans Smit & Vratislav Pechota (ed's). Looseleaf 1400pp (2 vols). USD 245
JP Juris Publishing  www.arbitrationlaw.com   ISBN 1 57823 011 x
(Special price of USD 195 until May 5th "prepaid orders include shipping and handling")


Review Article:
---------------
   Arbitration CD ROM - Resources on
   International Commercial Arbitration.
   Kluwer, 1625 USD (1361 Euro) for single user licence edition.
           (2-5 users 2042 Euro, 6+ users 2723 Euro)
Reviewing a novel product is not easy. There is no set style to follow, there are no easy comparisons to be made. More importantly the reviewer is not clear what his readers expect from the product (or ought to expect 'if only' they understood the product better) and is therefore at something of a disadvantage.
The reviewer does not feel sorry for himself but by this introduction hopes to empathise with the creators of the Arbitration CD-ROM. It is novel, it is therefore easy to take one perspective and criticise it from that. Instead I will take various approaches, and ask the reader's forbearance ... and hope they will follow the argument until the end.
This is though not the publisher's first foray into electronic publishing. Kluwer have produced other CD-ROMS, on legal subjects: Not least compilations of legal material for Dutch law students.
It has become popular for publishers to go through their back stock and cobble together a CD of material that is to hand, to badly index it (if at all) and launch it as a panacea to finding information. This product is far from that.
What is it though?
It contains information from the

  ICCA Yearbooks I-XXII (1976-1998)
  ICCA Handbook (to supplement 26)
  Arbitration International (1993 to 1998 issue 2)
  J. International Arbitration (ditto)
  the Milan chamber's bibliography.
It does not though contain all the information from all of these. Part VII (the bibliography) of the ICCA yearbooks is unfortunately not reproduced (and it contains material that is not in the Milan bibliography).
It does not blindly reproduce the material either. The material is ordered and cross-referenced. Therein though lies a danger. Reproducing the ICCA publications and full text copies of journals would have been one thing (the 'milking the backlist' favoured by some publishers), but here material has been selected and indexed. The work takes on an academic nature of its own. Yet there is no named editor. There is an advisor and an advisory board. Advice and responsibility are though very different.
I know many of those involved and it will perhaps be hurtful for me to say, but the impression I have of this work is that is was not loved. That is not to say that it was disliked, just that no one had it as theirs ... and perhaps as only theirs. There was no jealous, perhaps even uncompromising, sole editor. If there had been then I feel many of the errors would not have escaped through to publication.
The contents of the disc are available in a tree directory. The main headings are:
  Opening Screen
  Conventions / Legislation / Rules
  Cases
  Commentary
  Other
 The "Opening Screen" is a foreword, and instructions for use. These are detailed (some sixteen A4 pages having hit the print button by mistake whilst viewing them!).
 The "Conventions / Legislation / Rules" is perhaps the most difficult part of the disc. It is I believe based on a fatal intellectual mistake: the belief that ICCA publications are authoritative. (They may well have been *when* they were published.) There are other problems as well.
If one opens the "Rules" subsection one has the choice of "Rules of International Institutions" and "Rules of Regional Institutions". I decided to look for the LCIA (the LCIA is one of the copyright holders -for the material from Arbitration International- and the chairman of their Board is on this publication's advisory board). It is perhaps my mistake that by the time I was looking for the LCIA I was already spellbound by the list of countries in the 'regional' listing. Click on "United Kingdom" and you are given the choice of the London Court of Arbitration or the LMAA. Click on the former and you go on your way to the LCA Rules of 1981. The LCIA rules of 1981. The LCIA rules of 1985 and of 1998 are both on the disc, but the LCIA is listed, rightly, as an international institution (but surely it was before it changed its name?).
That might be put down to bad searching, but:
The LMAA Terms listed are dated 1987, I have a copy on my desk dated 1994. The AAA International Rules are dated 1991 (desk copy 1993), the Zurich Chamber dated 1977 (desk copy 1989) ... and these are just random samples as I tried to broaden my search away from London and then away from the anglophone area.
 The "Cases" section is probably the one the practitioner will find most useful. Many texts of conventions, legislation and rules are now available on the Internet, but there are few sources of electronically accessible case material specific to arbitration. This section contains not only court decisions but also copies of published awards. With the accumulation of material in the ICCA Yearbooks it seems that this will be the most valuable section of the disc to most users.
With the arrival of the United Nation's ITC's "Juris" database scheduled for May 1st, it also seems that many will resort to online free access for the basic or core arbitral texts, leaving the Kluwer disc predominant for case material. (EA hopes to review "Juris" in the next issue.)
 The "Commentary" is a route into all the full-text and bibliographic material on the disc.material on the disc. So, for example, Arbitration International volume 12 can be found here in full. (Rather annoyingly the tree menus gives only the year of publication, but there is really no need to search for articles by a classic bibliographic 'journal', 'volume' route when they can be searched for by author or title anyway.)
This ought to be a useful section, but I was less impressed than with the case material. Disputes arise of themselves not to feed academic analysis and thus indexing them is difficult, published papers probably do need categorising with key words, but this has never taken place for papers on arbitral topics. Searching for words anywhere within full text articles tends to achieve too many 'hits'.
 The "Other" section gives 'Country Pages', 'Institution Pages' and lists of states that have adhered to various conventions.
The "country pages", are again highly selective, there has been no obvious attempt to cross-index. So for example whilst (see below) Mongolia is listed as a party to the NYC there is no country page for Mongolia.
The "Institution Pages" omit, for example, the South African AFSA.
Though there is cross-referencing (hyperlinking in fact) this is not well thought out, finding the LMAA in the list of institutions and then clicking on rules takes the reader to the LMAA Conciliation Rules, one has to scroll through them to find the ah them to find the arbitration rules (the Terms) which follow. A choice of links from the institution page, or a link to an index of LMAA rules would have been more logical.
Contracting states for four conventions are listed, though the lists must have been significantly outdated when the disc was published (the NYC list is as of 21/7/1997). Again there is also a lack of comprehensiveness (the Geneva Protocol and Convention whose contracting states are listed in the back of most standard textbooks are not mentioned).
The great power ... and perhaps the great weakness ... of the disc is the ability to search for any word on it. This, in my humble opinion, shows a total lack of comprehension of the science of ordering and searching data. Full text, 'any word' searching is of great value. It is though a dangerous beast. The logical ordering of records by thesaurus requires Judgment, requires human involvement. The Milan bibliography does have key words attached to each reference, but it is not clear whether these keywords are presented anywhere, whether there is a hierarchical tree of them that is available as a thesaurus, or .... .
Thus whilst one can search for cases on maize without a thesaurus and without mapping to a thesaurus the searcher is left to consider the need to search for maize, and for corn (or sweet 'with' corn). Mediator, médiator, mediator's and mediators all come close togetall come close together in the list (as do "mediator.26" and "mediator36", but more of those later!), as do "program" and "programme".
The list has obviously never been edited. Perhaps the misspelling of my own name would not have been noticed, but an entry such as "published.Likewise" is so obviously an error that it should have been picked up. The indexing is so obviously automated, and appears to lack any human Judgment.
The edition of a thesaurus, the use of 'mapping' of terms onto a thesaurus would undoubtedly have increased the cost of the production, but this is not a cheap product.
The feeling I had, was one of the old professor having died and a very methodical and loving relative who knew naught about the subject having gone through his tea chests of papers and put them in an order and made an exhaustive card index. A computer has done the same task on the ICCA publications. The learned input is though lacking, if not totally absent.
The disc contains 194 Megabytes of data. That is about a third of the maximum that a CD-ROM will store, and the equivalent of some 135 floppy discs. It is highly unusual for data CD-ROMs to be so full. Publishers usually avoid stating how much data they are selling you (and in fairness it is so easy to 'pack' a disc with a few high definition pictures that it can be meaningless), but there are no gratuitous images on this disc. There is an awfuisc. There is an awful lot of valuable data.
Annoyingly, but inevitably the disc requires its own search software and few other files loading onto your hard disc (some 3.42 Megabytes) which also means having to restart the computer after the loading. (The software basis is "Folio Views 4.11.")
The disc weighs some 17 grammes (less than an airmail letter) It contains the core material from 36 'volumes' of publications ... the price works out at only 45 dollars (38 Euros) or so, for each volume (a volume of the ICCA Yearbook, an annual volume of one of the journals, or the entire ICCA Handbook or the whole Milan bibliography).
A new version is scheduled for May, and it is to be hoped that many of what are only hopefully teething problems will have been sorted out with the new disc.
You need it. It must improve with succeeding editions, but it is more than worth buying now.
 

How was 1998 for you?
---------------------
  Reflections on the LCIA Registrar's review of the year.
In the latest Newsletter of the LCIA, Adrian Winstanley reports on 1998 at the LCIA. There has now been a full twelve months to see the new LCIA Rules in operation. There are hints that 'party sophistication' is being reflected in Counsels' increasing willingness to get on with matters and to be more constructive in doing so. Reading between the linesading between the lines, parties (or their in house lawyers) seem to be probing the costs of arbitrations -and possibly finding that these are not so much due to the process as to how they (have allowed themselves to) play it. That said, as the Registrar makes clear the new Rules do allow for a slicker operation, and give less opportunity for a stalling party.
  Regular readers will know EA's continual moan about the sparsity of arbitral statistics. The ultimate in this is the mantra of "what the parties want". Your editor has concluded that parties obviously do not want any research on what they want, and that is obviously why so little has been done(!).
  So it is refreshing to see the LCIA candidly produce statistics of its cases.
  There were 70 new cases in 1998. 1997 saw an increase of 35% on the previous year, and 1998 saw an increase of 44%. A steady and heartening rise.
  With such a caseload other figures start to become statistically significant. Most interesting is that of the age of the contract being disputed. In analysing the ICC data for 1995 I commented that the data "show that half of the references relate to contracts signed in the current and previous three years. Three-quarters to ones signed in the current and the previous six years." (E.Br.Newsletter 4(3), Juillet 1996.)
  For the LCIA, for 1998 the data show that the contractshow that the contracts coming to arbitration are even younger. Three-quarters signed in the current or the previous three years, and all signed in the current or previous six years. Indeed 38% of references in 1998 arose from contracts signed in 1997 (and a further 7% from current year contracts).
  This may reflect the increasing speed of business life in general, but it is I am sure due in no small part to the 'revival' of the LCIA: Its increasing workload shows it is being increasingly designated in dispute clauses, and thus it is to be expected that its case load will remain weighted towards younger contracts as long as its caseload continues to grow at the present dramatic rate.

PCA has new website:
--------------------
 The Permanent Court of Arbitration is in the process of constructing its own website at:
  http://euronet.nl/users/pca/
 Whilst not complete there is much useful information there. Improvements on the site that has been hosted at Cornell for some years ( http://www.law.cornell.edu/icj/pca/ ) inlcude:
 -bilingual texts (English and French)
 -details of the ICCA Publications office at the PCA
 -the full set of PCA rules (the old site had a couple of the more recent sets missing)
 -a list of staff and their photographs (biographical notes are apparephical notes are apparently being edited for addition).
 

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

5. INTERNET RELATED NEWS AND COMMENT:
 see also the book notice for ‘Borders in
Cyberspace’ in the previous section.

Lost links -request for help:
-----------------------------
There are three Asian-African Legal Consultative Council arbitration centres in the World: Kuala Lumpur, Cairo and Lagos.
The first two had web sites, of which Kuala Lumpur certainly remains active.
The address we have for Cairo has not worked for several weeks,
     http://wwwcrcia.org.eg
Does anyone know of a new address?
The WWW Virtual Library Arbitration Database now has an automatic link checker ... at any instant we seem to have about 10% of links that will not work. Rather a frightening figure, however most of these will work if tried a few seconds later. So these request are only for really lost links.
The second is the Finnish Board of Arbitration. The address involves a nineteen letter word, which we have seen spelt variously in other listings! We are confident that our rendition used to work. Again anyone with an working address?   Thanks.
 

Digital signatures in the EU:
-----------------------------
An proposed EU Directive requires all member states to introduce legislation that recognises digital signatures as the legal equivalent to handwritten signatures, provided they have been certified by a third party and the technology used respects certain conditions.
The Official Journal also contains an Opinion from the Committee of the Regions, it must be leading the field for the longest URL I have seen (longer than a digital signature?):
http://www.europa.eu.int/eur-lex/en/dat/1999/c_093/c_09319990406en00330036.pdf#xml=http://europa.eu.int/search97cgi/s97_cgi?action=View&VdkVgwKey=%2Feuropa%2D8071%2Fhtdocs%2Feur%2Dlex%2Fen%2Fdat%2F1999%2Fc%5F093%2Fc%5F09319990406en00330036%2Epdf&amp;doctype=xml&amp;Collection=fullEUROPA&amp;QueryZip=digital+and+signature+and+framework&amp;"

Listing of (potential) Arbitrators:
-----------------------------------
 The new database has a section for arbitrators (or perhaps more correctly potential arbitrators) to list themselves and link through to their own webpages.
 The pages are at http://www.interarb.com/vl/Listings/Arbitrators/
Just click on 'Add a Site' and put in your details.
 Besides arbitrators this section is appropriate for advocaropriate for advocates who act in arbitrations, mediators, professional practices including any of these, as well as for other individuals involved in the arbitral world. With regard to the latter we are happy to create new search terms as appropriate (e.g. university lecturer, law librarian, or whatever). The hope is that this listing will enable members of the arbitral community to better identify and contact fellow members.
 (Adding links to this section is in basis no different to adding links elsewhere in the site. There are however a few notes on how to most effectively list yourself. The major difference is that whilst in other areas of the database we will go out and actively seek links, for the personal section we will not. We hope enlightened self-interest will promote self-listing!)
 
 

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

5. LETTERS:

-conference in Zagreb
-Year 2000 Litigation
-Australian International Arbitration Act, 1974
 

This year, Seventh International Arbitration Conference will take place in Zagreb from December 8-10, 1999. The main subject of the conference is:
Arbitration and the Right to a Fair Trial
This topic includes a number of various issues, such asof various issues, such as:
    Procedural efficiency and procedural guarantees in arbitration.
    Service of process - how to avoid delays while preserving
right to be heard.
    Ad hoc arbitration: advantages and disadvantages.
    Constitutional rights and arbitration: is there a possibility
of a constitutional control of the arbitral awards?
    Limits of a fair trial: arbitrability and public policy in arbitration.
    Arbitral awards in the practice of the European Court for Human Rights.
    Enforcing Annulled Arbitral Awards - Fairness or Nonsense?
Other subjects that are going to be presented include:
    New Croatian Arbitration Law -- Countdown to Enactment.
    Regional Reports on Recent Developments.
    Co-operation of Arbitral Institutions - new developments.
For further information please contact:
    Permanent Arbitration Court,
    Croatian Chamber of Commerce,
    Rooseveltov trg 2,
    HR-10000 ZAGREB.
    tel. +385 1 4606 732    fax: +32    fax: +385 1 4606 752

======================================
Internet - http://www.hgk.hr/komora/sud
 E-mail: - sudiste@hgk.hr    (Secretariat)
         - auzelac@hgk.hr         (Direct)
         - uzelac@public.srce.hr (Private)
========================================
Dr. Alan Uzelac, Esq., Secretary General
========================================
 
 

Subject: Year 2000 Litigation
         --------------------
From: "V Nissanka" <VivaMott@email.msn.com>
To: <editor.ea@interarb.com>
Date: Tue, 13 Apr 1999 12:05:52 +0100

There have been two cases which have been resolved through mediation by CEDR relating to Year 2k litigation.
Have you dealt with any year 2k cases through your organisation or come across any such cases ?
I am research consultant at Field Fisher Waterhouse and would appreciate it if you could drop me a line.
Many Thanks
Viv Nissanka
 
 

Date: Sat, 24 Apr 1999 15:11:28 +0100
From: Kate Williams <KW103@mercury.anglia.ac.uk>
Subject: international Arbitration Act 1974 (Australia)
I am presently studying my final year at Anglia Polytechnic University and as
part of my studies I require to research about the various roles of the
International Arbitration Act 1974 (Australia).
I would be most grateful if you could help me further in some way.
Yours sincerely,        Kate Williams
 
 

                      +++++++++++++++++++++
COPY DATE for EA40 is: May 14th.
                      +++++++++++++++++++++

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EUROPEAN ARBITRATION,  EA  and  Interarb  are the trade marks of the publisher, the entire contents of European Arbitration are the copyright of the publisher and individual contributors. Permission is granted for not-for-profit, electronic redistribution and storage of the material in this issue, provided this notice (including the publisher's e-mading the publisher's e-mail address) is included with the material. (mchapman.ea@interarb.com)
This material was created and published in France. The laws of France shall apply to any dispute or grievance concerning this material. Any dispute arising out of or in connection with use of this material shall be submitted to binding arbitration in the English Language in Lyon, France under the UNCITRAL rules by a sole arbitrator nominated by the Centre d'Arbitrage Rhone-Alpes. The authors and publisher decline responsibility for any errors of omission or commission in the material here published.

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-----------------
END OF THIS ISSUE.


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.