ICC Court ready for implementation of new arbitration rules

Following the adoption of the 1998 ICC Rules of Arbitration, the past six months have been extremely busy at the International Court of Arbitration. The result of an unprecedented international consultation led by the Chairman of the Working Party on the revision, Yves Derains, and overseen by the Chairman of the Commission on International Arbitration, Paul-A. Gélinas, the new Rules were first presented to the arbitration community at the ICC Conference held at ICC headquarters in Paris on 4 June 1997 (the proceedings of this conference have been published as a Supplement to the ICC International Court of Arbitration Bulletin <SUPP_0001>). Since then, the Chairman of the Court, Robert Briner, the Secretary General, Horacio Grigera Naón, and the Deputy Secretary General and General Counsel, Dominique Hasher, have been presenting the new Rules at countless conferences, colloquia, seminars and workshops throughout the world.

Preparatory work was needed at the Secretariat in order to effect a smooth transition and to ensure a consistent handling of cases under the new rules. All teams now stand ready as the Court's caseload keeps increasing. The Court has taken decisions on the transition and the implementation of the 1998 Rules which are reflected in the contributions to this issue of the Bulletin by Robert Briner and Horacio Grigera Naón.

Some 30,000 copies of the new ICC Rules of Arbitration have thus far been distributed worldwide in their English and French official versions. The Rules have also been reproduced in numerous publications on international arbitration.

The German translation was released in November; other translations will be made available in the course of 1998. [Page4:]

Institute of International Business Law and Practice elects new Chairman

Professor Pierre Lalive has decided to step down as Chairman after 20 productive years leading the Institute of International Business Law and Practice, which was founded in 1979 under his leadership. In April 1997, the Council of the Institute unanimously elected Maître Serge Lazareff as the new Chairman.

The Institute's mission is:

- to encourage the study of legal problems of international business;

- to foster a wider knowledge of the law and practices of international business;

- to strengthen the links between practitioners of international business, scholars and researchers;

- to offer to lawyers, businesspersons and to students the means to deepen their knowledge of legal techniques of international trade and to prepare themselves to apply them in practice.

Some of the key events organized in 1997 were:

• The PIDA programme for participants from Africa, Asia, Eastern Europe, the Middle East, and Latin America. This programme was established at the instigation of Michel Gaudet, former Chairman of the International Court of Arbitration. Businesspersons, lawyers and general counsel who form the future of international business have participated in these intensive, week-long sessions on negotiation of contracts, international arbitration, and financing of international projects. The Institute has consistently pushed to build and expand ties with all of these areas of the world. In April, the Chairman went to Beijing and Shanghai to push forward a mutual understanding of arbitration in China. This year, the largest PIDA in the history of the programme has taken place with 42 participants coming from four continents.

• International Arbitration Practice Workshops. Started two years ago these have become unique forums for advanced discussion in interactive sessions of key topics in international arbitration. This past November's Workshop was the largest in the history of the programme with 44 participants coming from five continents.

• Colloquium of Arbitrators. This is the informal meeting of most experienced international arbitration practitioners in the world. The largest one was also held this fall on the topic of the duty of assistance of the arbitrators which was the subject of a lively exchange of views.[Page5:]

• Symposium of Arbitrators (in conjunction with the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary & Westfield College, University of London). In March of this year, the Institute hosted a symposium of arbitrators examining in depth the issues related to dispute resolution in electronic commerce.

• The Institute also organized numerous other events, including the June Conference launching the 1998 ICC Rules of Arbitration and the 11th Conference on International Audiovisual Law (in conjunction with the International Bar Association) held in Cannes on the occasion of the 50th Cannes Film Festival.

Looking ahead to the next year, the Institute intends to

1. Adapt for 1998 the activities of the past year

2. Expand Council membership to include additional distinguished leaders of international business from Africa, Asia, Australia and Latin America as well as from North America and Europe.

3. As part of its basic programmes, work to develop programmes in Latin America, Africa and Asia in addition to the programmes in Paris.

Through regular consultation with the Chairmen of the International Court of Arbitration and the Commission on International Arbitration, strengthened ties with the ICC National Committees, and a close working relationship with ICC Secretary General Cattaui, the new Chairman is preparing the Institute for the 21st Century. A symbol of that effort is to change the Institute's name to the Institute of World Business Law.

DOCDEX Rules now in force

The ICC Rules for Documentary Credit Dispute Resolution Expertise (DOCDEX) are now effective following their presentation at the ICC Executive Board meeting held at ICC headquarters on 8 September 1997.[Page6:]

The Commission on International Banking Technique and Practice had approved the new dispute resolution system at the close of 1996 and directed the Chairman of the Working Party, Winfried Holzwarth, and the Secretary of the Commission, Guillermo Jimenez, to work together with the ICC Centre for Expertise to develop the administrative set up necessary to implement the system. This work has been completed and the system was launched on 1 October 1997. The focus of the system is on simplicity, speed and cost-effectiveness. The International Centre for Expertise is currently handling DOCDEX cases involving banks in six different countries. The DOCDEX system is presented and the full text of the Rules reproduced in this issue of the Bulletin.

Fabien Gélinas succeeds Jean-François Bourque at the ICC

Jean-François Bourque has left the ICC following his appointment as Senior Legal Adviser for Foreign Trade at the International Trade Centre UNCTAD/WTO in Geneva. Mr Bourque has managed and edited the International Court of Arbitration Bulletin since its foundation by Alain Plantey in 1990. Within seven years, the Bulletin has become an essential reference in international arbitration and is now distributed in 75 countries. Mr Bourque has been closely involved in the preparation of major documents issued by the ICC Commission on International Arbitration and the ICC Court of Arbitration; he has represented the ICC with international organizations and overseen the application of the ICC Rules for Expertise.

Fabien Gélinas succeeded Jean-François Bourque on 1 September 1997 as Special Counsel at the Court's Secretariat, Editor of the Bulletin, and Deputy Director of the International Centre for Expertise. A member of the Montreal Bar and former Law Clerk of the Supreme Court of Canada, Mr Gélinas holds graduate degrees from the University of Montreal and the Paris School of Diplomatic and Strategic Studies, and a doctorate from the University of Oxford. He left his teaching position at the Paris Institute of Comparative Law (Paris II) to join the ICC.

ICC arbitration in the Lao People's Democratic Republic

The first international commercial arbitration held in Vientiane, Lao People's Democratic Republic, was conducted this year under the ICC Rules of Arbitration. The tribunal was composed of arbitrators from Hong Kong, Australia and Thailand, who have now completed their task. Note that the Lao People's Democratic Republic has not yet acceded to the New York Convention.