[WikiEN-l] Wikiquette "committee"

Sun Oct 5 06:32:03 UTC 2003

Regarding the contract of arbitration you may want to look
at the provisions of the Code of Civil Procedure of France
(this is the English translation):
http://www.legifrance.gouv.fr/html/codes_traduits/ncpcatext.htm
The place to look is in: BOOK FOUR ARBITRATION
art. 1442 and following to art. 1507.  It is interesting
to note that the arbitration proceedings in France are
viewed as being an [[adversarial]] proceeding (for those
of you who thought that French procedure was only
based upon the [[inquisitorial system]] now you know
otherwise). Here is the link to the original text in
French:
http://www.legifrance.gouv.fr/WAspad/RechercheSimplePartieCode;jsessionid=114h7etCy4r4ozkk12vFtiAem71qk5UQpXTpNP5o4MPq94KAPh5W!898887499!iwsspad1.legifrance.tours.ort.fr!10038!7002!856080096!iwsspad2.legifrance.tours.ort.fr!10038!7002?commun=&code=CPROCIV0.rcv

Laws throughout the world on arbitration:

http://www.jmm.rubikon.pl/pag/?section=prawo.arbitrazowe

This provides a link to laws around the world that are
in relation to arbitration. I know that the intro text is
in Polish and this is not a Polish discussion list, but
the list at the bottom of that page is pretty comprehensive
and many of the links are in English.

Reference legal  publisher regarding arbitration:

http://www.kluwerarbitration.com/arbitration/arb/rules/RulesofInternationalInstitutions/

This is a good link for the rules of various international bodies (remember
that
Wikipedia is a multinational undertaking even in English).  It is necessary
to
get a 14 day free trial to use that site (otherwise it is about $2000 a
year) though
many of the links are free.

On line North American arbitration site:

http://www.cacniq.org/en/arb_enligne_gutilisation.htm

This is an organization in Quebec (of which I have no particular
association)
that has developed a recognized online arbitration program. I suggest you
have a look at the rules to get some idea of the nature of arbitration (
this
is specifically adapted to Quebec law, but Quebec arbitration law is
generally
in accord with UNICTRAL). It also has rules in Spanish and French so some
European contributors can read these versions for greater comprehension.

Once again I must stress that while mediation can be fairly flexible and
organized in a willy nilly way you should be concerned about certain
fundamental structural issues in arbitration so that it ends up being
binding.
(Would Wiikipedia want an arbitration procedure that could be overturned
outside Wikipedia? i hope not!)

Short of setting up an internationally recognized arbitration body it is
probably
best to be a bit flexible on allowing the accused person to pick an
arbitrator
to their liking (within reason and certain minimum standards of competence).

Alex756