The recent political changes in eastern Europe have resulted in the opening of new markets for international business. ICC arbitration offers these businesses an international procedure for the resolution of their disputes, which is open to all and respects the diversity of the businesses and nationalities involved. Last year there were 365 new requests for arbitration filed at the ICC and if the same progess is confirmed for the remaining months of 1991, the Court will have handled once again a record number of cases for the second year in a row. To cope with this demand, the Secretariat of the Court has added a sixth team to its staff, headed by a Spanish-speaking lawyer.

As the number of users increases, it is essential that ICC arbitration is better understood by the parties who have recourse to it. Starting with this issue, the Bulletin will publish a series of articles analysing the ICC arbitration process. The first article deals with the constitution of the arbitral tribunal.

Arbitration is regarded by some - no doubt erroneously - as a procedure through which parties can avoid the application of national laws. Such notions as amiable composition and équité are very familiar to continental lawyers. But what is their position in common law countries? This is a question analysed by Mr. Fali S. Nariman, President of the Bar Association of India, Member of the ICCA and Vice-President of the ICC International Court of Arbitration.

In another article, Mr Juan Antonio Cremades Sanz-Pastor, Past President of the International Union of Lawyers and Member of the ICC International Court of Arbitration, shares his views on how international arbitration is perceived by lawyers.

The extracts from ICC Awards selected in these pages concentrate on the concept of 'Group of Companies' in its relation to jurisdictional as well as substantive issues. The extracts seem to confirm the diversity of solutions adopted by arbitrators when dealing with this question.

Our intention is to provide information which will be useful to our readers in the resolution of their business disputes. However, suggestions from our readers for the inclusion of additional information will be welcomed.

Dominique Hascher

General Counsel and Deputy Secretary General

ICC International Court of Arbitration