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Main Index
Index:
* Bar Issues Commission Handbook
section 1 of 2
* Bar Issues Commission Handbook
section 2 of 2
* Bar Issues Commission Handbook
section 1 of 2
| September 2006 |  |
International Bar Association
10th Floor, 1 Stephen Street
London W1T 1AT
United Kingdom
Tel: +44 (0)20 7691 6868
Fax: +44 (0)20 7691 6544
www.ibanet.org
Introduction to the Handbook
for Member Organisations of the International Bar Association
This Handbook is designed as a reference guide for member organisations of the International Bar
Association. Whether your organisation has just recently become a member of the IBA or has long been participating in the IBA, questions will inevitably arise as to policies and procedures, particularly in light of the restructuring which took place in 2004. This Handbook will hopefully explain the policies and answer some of the questions you may have. Further queries may be addressed to any of the staff listed on pages 11 - 13 who will all be happy to help, and who will be delighted to hear any suggestions you may have for furthering the IBAs work. Our aim is to help you so that you get as much as possible out of your organisational membership.
Dates for your Diary
2006
17 22 September IBA Annual Conference, Chicago, U.S.A.
2007
3 4 February IBA Management Board Meetings, New York, U.S.A.
16 17 May 2nd Annual Bar Leaders Conference, Zagreb, Croatia
17 19 May IBA Mid-Year Meetings, Zagreb, Croatia
14 19 October IBA Annual Conference, Singapore
2008
May IBA Mid Year Meetings, Amsterdam, the Netherlands
19 24 October IBA Annual Conference, Buenos Aires, Argentina
IBA Acronyms
During your work with the Association, you will become familiar with a number of acronyms, or short forms, which are used to describe the Associations constituents. The following are in common usage throughout the Association:
AAG - Academics Advisory Group
ACA - Academics Forum
AF - African Regional Forum
APF - Asia Pacific Forum
ARF - Arab Regional Forum
BAF - Barrister & Advocates Forum
BIC - Bar Issues Commission
BLI - Business Law International
CCF - Corporate Counsel Forum
CLI - Competition Law International
CLInt - Construction Law International
CMF - Capital Markets Forum
EF - European Forum
HRI - Human Rights Institute
IBA - International Bar Association
IBN - International Bar News
ICP - International Construction Projects
IHP - In-House Perspective
IPDP - International Practice Diploma Programme
JERL - Journal on Energy and Natural Resources Law
JF - Judges Forum
LACF - Latin American and Caribbean Forum
LPD - Legal Practice Division
MOs - Member Organisations
PPID - Public and Professional Interest Division
SEERIL - Section on Energy, Environment, Natural Resources & Infrastructure Law
SIRC - Section on Insolvency, Restructuring and Creditors Rights
UKELG - United Kingdom Energy Lawyers Group
UNWOC - United Nations and Other World Wide Organisations Committee
WIG - Womens Interest Group
Structure and Function of the IBA
History of the IBA
Inspired by the vision of the United Nations (UN) and with the aim of supporting the establishment of law and administration of justice worldwide; representatives of 34 national bar associations gathered in New York on 17 February 1947 to create the IBA.
IBA membership grew steadily and in 1970 was accelerated by the admission of individual lawyers to the Association and the formation of the Section on Business Law.
In 1974 the Section on Legal Practice was formed and in 1982 a third Section, the Section on Energy and Natural Resources Law was created.
The Standing Committee on Human Rights and the Just Rule of Law was formed in the 1980s. In 1992 an Action Plan was adopted to establish a Trial Observer Corps and investigate cases where judges and lawyers or the independence of Bar Associations was threatened. In 1995, the formation of the Human Rights Institute expanded this work and gave the opportunity for member organisations and individual members to actively contribute.
The IBA restructured in 2004 and the work of the three long established Sections fell under two new
Divisions the Legal Practice Division which focuses on commercial law and the Public and Professional Interest Division which represents both the public and professional interest activities of the legal profession around the world and the activities and interests of Member Organisations. The Human Rights Institute continues to work across the Association.
In its role as a dual membership organisation, comprising 20,000 individual lawyers and over 197 Bar
Associations and Law Societies, the International Bar Association (IBA) influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents and include the American Bar Association, the German Federal Bar, the Japan Federation of Bar Associations, the Law Society of Zimbabwe and the Mexican Bar Association.
Grouped into two Divisions the Legal Practice Division and the Public and Professional Interest Division the Association covers all practice areas and professional interests. It provides members with access to leading experts and up-to-date information as well as top-level professional development and networkbuilding opportunities through high quality publications and world-class Conferences. The IBAs Bar Issues Commission provides its Member Organisations with substantive and social programmes at and between meetings and the IBA's Human Rights Institute works across the Association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and the legal profession worldwide.
Structure
The IBA is split into two Divisions the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID).
The Legal Practice Division consists of over 50 specialist committees which cover all areas of practice. Committees with common interests work together under Sections.
The Public and Professional Interest Division covers the public and professional interest activities of the legal profession throughout the world. These activities are organised in groupings called Constituents. The Division also focuses on the activities and interests of the Associations Member Organisations, through the Bar Issues Commission (BIC).
The Human Rights Institute works across the Association on human rights and rule of law issues.
Objectives
The principal aims and objectives of the IBA are:
To promote an exchange of information between individual lawyers and legal associations
worldwide;
To support the independence of the judiciary and the right of lawyers to practise their profession
without interference; and
Support of human rights for lawyers worldwide.
The IBA works towards these objectives through three main areas of activity:
Services for individual lawyer members through its Divisions, Committees and Constituents;
Support for activities of Bar Associations and through the Bar Issues Commission; and
Support of human rights for lawyers and developing Bars worldwide through its Human Rights
Institute.
Governance of the Association The IBA is governed through a two-tier Association-wide management structure:
the Management Board
has responsibility for the management of the business of the Association as a whole,
including its finances and other particular functions. The Management Board is subject to the general
direction of the IBA Council, the Associations Governing Body:
the IBA Council has ultimate responsibility for the Association with the following particular functions:
To elect the President, Vice-President and Secretary General of the Organisation;
to debate, express opinion and pass resolutions upon issues affecting the legal profession;
to receive reports (at least annually) from the Management Board and (if it requires) PPID and LPD
and to comment thereon as it thinks fit;
to elect the BIC Officers;
to ratify the budgets presented by the Management Board;
to receive the Associations annual accounts;
to fix the dues of Member Organisations;
to appoint the Associations auditors;
to elect (biennially) members of the Management Board (for convenience referred to as representatives of the Member Organisations).
to affect constitutional changes.
Every Member Organisation is entitled to appoint up to two Councillors being the President of that Member Organisation (or other senior elected office holder); and another person who is a member of the Member Organisation. That person is known as the Representative Councillor of the Member Organisation. The individual members of the Association are represented on the Council by the Officers of the two Divisions.
There are also co-opted members of the Council. For more detail regarding the governance of the Council, please see the IBA Constitution which is available on the IBA Website at www.ibanet.org.
Officers of the IBA
President
The IBA President is the most senior Officer of the Association, elected biennially by the Council, chairing and reporting to the Management Board and the Council. The President is the Associations principal representative and spokesperson and has the principal responsibility for setting the agenda and developing strategy for the Association as a whole.
Vice-President
The Vice-President works closely with the President and his/her principal functions are to deputise for the President, to attend meetings of the Management Board and to perform such tasks as the President or the Management Board may invite him/her to perform.
Secretary-General
The Secretary-Generals principal responsibility is the membership, both organisational and individual.
He/she is also responsible for developing and enhancing the relationship between the Association and the Member Organisations (in consultation with the President and Vice-President) and for all procedural and constitutional matters.
The Chair and Vice-Chair of the Legal Practice Division and the Public and Professional Interest Division are also classified as IBA Officers. Information concerning their respective duties can be found in the relevant Divisions By-Laws.
Treasurer and Assistant Treasurer
The Treasurers of the LPD and PPID are also the Treasurer and Assistant Treasurer of the IBA respectively.
They form, with the IBA Finance Director and Executive Director, a Financial Planning Committee (chaired by the IBA Treasurer). The Committee is responsible for preparing the Associations budgets, reviewing accounts, recommending long-term financial planning and reporting to the Management Board.
The election of the IBA Officers is based on the recommendations of a Nominating Committee. Information concerning the process of nominations can be found on the IBA Website. Further information regarding the duties of the IBA Officers can be found in the Constitution.
IBA Officers 2005 2006
President Francis Neate (England)
Vice-President Fernando Pombo (Spain)
Secretary-General Fernando Pelaez-Pier (Venezuela)
Treasurer Charles Lawton (England)
Assistant Treasurer Bob Stein (USA)
Chair, Legal Practice Division Michael Reynolds (Belgium)
Vice-Chair, Legal Practice Division David W. Rivkin (USA)
Chair, Public and Professional Interest Division L Thomas Forbes QC (Canada)
Vice-Chair, Public and Professional Interest Division Martin Sol (Czech Republic)
IBA Standing Committees
IBA Charitable Trust
The IBA Charitable Trust is a registered English charity which was formed by the IBA in 2005. The Trust's objects are
To advance education in the law throughout the law for the benefit of the public;
to promote research into commonly encountered legal problems and to disseminate the useful results
of such research for the benefit of the public;
to promote human rights (as set out in the universal declaration of human rights and subsequent united nations conventions and declarations) throughout the world; and
to promote the relief of financial hardship or distress either generally or individually of lawyers, their widows, widowers and other dependents and employees.
IBA Foundation
The International Bar Association Foundation, Inc. is a US based charitable foundation established in 1986 by members of the International Bar Association. The Foundations mission is to engage in a wide variety of international charitable endeavors related to the rule of law, including continuing legal education and equitable access to the legal system and, particularly in more economically disadvantaged parts of the world, infrastructure improvements, competent legal services and legal services administration.
The Foundation has funded a variety of projects throughout the world.
Among the Foundations aims are to:
Advance legal education for the benefit of the public;
Study and advance the administration of justice world-wide, including non discriminatory access to
the legal systems in developing countries;
Undertake non-partisan research into common legal problems, and
Aid in providing legal source materials and making them available for the publics benefit.
Applications for funding of projects which fall within the remit of the IBA Charitable Trust and the US Foundation may be submitted to the IBA office (elaine.owen@int-bar.org).
The Constitution Committee advises upon the interpretation of and changes to the IBA Constitution.
The Credentials Committee gives opinion as to: 1) the eligibility of an applicant for full organizational membership; and 2) whether sustaining Member Organisations should be invited to designate a representative Councillor under article 5.1.1 of the constitution.
The Nominations Committee receives and makes recommendations to Council concerning persons for election as IBA Officers.
The Computers and Database Committee advises on computers and database matters relating to the IBA membership and the IBA Office.
The Professional Conduct Committee handles complaints against individual members of the IBA
Deputy Secretary Generals
Note: No further DSGs will be appointed during the regional review.
Africa (Central) Vacant position
Africa (East) Vacant position
Africa (North) Nooman Ben Ameur - Tunisia
Africa (South) Sternford Moyo - Zimbabwe
Africa (West) Olufunke Adekoye - Nigeria
Asia (South East) Catherine Eu - Malaysia
Australia Michael Lavarach - Australia
Canada James Klotz - Canada
Caribbean Peter Desmond Maynard - Bahamas
China & Hong Kong Vacant position
Commonwealth of Independent
States of Russia
Vacant position
Europe (Central & East) Martin Solc - Czech Republic
Europe (North) Vacant position
Europe (South) Mark Frilet - France
Indian Sub Continent Rohit - Kochhar India
Japan Kimitoshi Yabuki - Japan
Latin America (North) Alejandro Ogarrio - Mexico
Latin America (South) Horacio Bernardes Neto - Brazil
Middle East & Northern Arab Countries Kadhim Lami - UK
New Zealand & The Pacifics
Nordic & Baltic Countries Alex Calissendorff - Sweden
United States of America Jon Grouf - USA
UK & Ireland Peter Rees England
The IBA Council
The IBA Council meets twice a year in May/June and Sept/Oct the latter meeting taking place during the IBA Annual Conference.
The IBA Council comprises:
the Officers of the Association
any Honorary Life President, any Honorary Life Member of the Council appointed before 1983, and
any Honorary Life Member;
for the 2 years immediately following their vacation of office, the immediate past Officers;
any co-opted members, co-opted pursuant to Article 4.4 of the constitution;
up to two individuals representing each Member Organisation appointed by that Member
Organisation in accordance with Article 4.5 of the constitution; and
the Deputy Secretaries General.
The IBA Council is the governing body of the International Bar Association. It elects the IBA President, other Officers and proposes, debates and passes resolutions. When the IBA speaks, it does so as a truly international organisation which has given a fair hearing to all points of view from members representing small or developing bars countries as well as the larger ones so all organisations can find a voice on an international stage.
Although the governing body of the IBA, the Council delegates the day to day running of the Association to a Management Board comprising four IBA Officers (President, Vice President, Secretary-General and Treasurer), Division representatives and three IBA Councillors elected by the Member Organisations. The Management Board meets three times a year and is concerned with matters of administration and management. Matters of policy are raised for the attention of the Council.
Meetings and Notice of Council Meetings
The Council meets once every year at the time and in the place of the Annual Conference of the Association and usually on one other occasion in each year.
Notice of the time and place of, and all material items on the agenda for each Council meeting shall be
despatched not less than 45 days before the meeting to all Councillors and to all Member Organisations, to such address (if any, including electronic address or fax number) as shall have been notified to the Secretary- General for this purpose (but so that it shall not be necessary to despatch more than one notice in more than one manner), but the accidental failure to despatch or the non-receipt of any such notice shall not invalidate any of the proceedings at any such meeting.
The majority of agenda items are repeated at each meeting, with some items being constitutionally required at particular times of the year e.g. Bar Representative vote, Officer vote.
Any Member Organisation or Division may appoint a proxy to attend and vote instead of its Councillor or Councillors at any meeting of the Council, with power of substitution by the proxy in the case of emergency, provided that:
the proxy presents written evidence of his or her appointment by the Member Organisation to the
Secretary-General;
the proxy is either a Councillor or a member of the legal profession of the appointors country; and
no proxy shall be appointed otherwise than for a single meeting of the Council, including any
adjournment thereof.
Council Business
The Council hears and has an opportunity to comment on reports from the Chairs of all sections of the IBA, including the IBA Officers, Legal Practice Division, Public and Professional Interest Division, Bar Issues Commission and Human Rights Institute. In addition it addresses the following business matters of the Association.
IBA Annual Budget
Review and approve the annual budget submitted by the IBA office and approved by Management Board Review and approve the Combined Financial Accounts.
Election of Officers
At the Annual Meeting every two years elect the President, Vice-President and Secretary General of the Association. At the Annual Meeting every two years elect the Officers of the Bar Issues Commission. At the Annual Meeting every four years elect the Member Organisation representative to the Management Board.
IBA Policy and Resolutions
To discuss any matters of relevance to the entire Association, and pass Resolutions, guidelines and approve policy where appropriate.
New Member Organisations
Make decisions on the applications of new member Organisations seeking membership of the IBA. This is usually a matter of approval once the application has been assessed before hand by the Credentials Committee.
Standing Committees
Approve membership of Standing Committees appointed by the President to undertake projects or handle matters that require close attention.
Honorary Life Members
On the recommendation of the Management Board, consider individuals who merit honorary life membership of the Association.
Sign In
On arrival at the Council meeting, Councillors and Representatives will be asked to sign in to the meeting. If they have not signed in, they will be deemed not to be present at the meeting.
After the meeting
The minutes will be prepared as soon as possible after the meeting and will then be circulated to all listed on the roll call with an opportunity to make amendments of incorrect information prior to the final set of minutes appearing in the Agenda for the next Council meeting..
The IBA Office
The main IBA is in London where a staff of over 55 persons in 8 departments help the Association to fulfil its objectives. It ensures the Association provides an appropriate balance of commercial law, professional and pro bono work and helps to provide and support a cutting-edge, flexible and adaptable programme of activities. It provides administrative support to the Associations Officers, Council, Committee and Forum Officers. The IBA also has a regional office in Sao Paulo, Brazil.
Staff Contacts
Divisions Department
Leslie Alekel (leslie.alekel@int-bar.org)
Acting Head of LPD
Strategic Communications Manager
Ronnie Hayward (ronnie.hayward@int-bar.org)
Head of Divisions Administration
Anurag Bana (anurag.bana@int-bar.org)
Project Lawyer
Valentina Zoghbi (valentina.zoghbi@int-bar.org)
Project Lawyer
Kerri Deegan (kerri.deegan@int-bar.org)
LPD Administrator
Sibylle Duell (sibylle.duell@int-bar.org)
PPID and Bar Issues Commission Administrator
Kelly Savage (kelly.savage@int-bar.org)
Divisions Administrator
Executive Office
Mark Ellis (mark.ellis@int-bar.org)
Executive Director
Ele Armitage (ele.armitage@int-bar.org)
Executive Assistant
Elaine Owen (elaine.owen@int-bar.org)
BIC Project Manager
Conference Department
The Conference Department is responsible for logistical arrangements for all Conferences and Association Council meetings. Staff deal with the processing of registration forms and all arrangements (including work relating to the Conference programme) for specialist Conferences.
Julie Elliott (Julie.elliott@int-bar.org)
Head of Conferences
Conference Organisers:
Helen Bakal (helen.bakal@int-bar.org)
Amanda Evison (amanda.evison@int-bar.org)
Sally Richards (sally.richards@int-bar.org)
PR, Marketing and Membership Department
This Department is responsible for the image and branding of the IBA, the marketing of all IBA events to members and non-members and arranging sponsorship for the IBA, including for all Newsletters, Journals and Conferences. Reciprocal sponsorship agreements with other organisations are also dealt with by staff in this Department. There is a small membership team dedicated to administering any changes of details such as email addresses, telephone numbers etc and responding to members general enquiries.
Tim Hughes (tim.hughes@int-bar.org)
Deputy Executive Director Director of Marketing and Public Relations
Romana St. Matthew-Daniel (romana.daniel@int-bar.org)
Press Officer / Personal Assistant
Gugulethu Moyo (gugu.moyo@int-bar.org)
Media Relations Advisor for Southern African Issues
Andrew Webster-Dunn (andrew.webster-dunn@int-bar.org)
Head of Sponsorship
Louise Young (louise.young@int-bar.org)
Sponsorship Executive
Emma-Jane Magee (emma-jane.magee@int-bar.org)
Senior Marketing Executive
Neil Smith (neil.smith@int-bar.org)
Membership and Customer Service Executive
Publications Department
The design and typesetting of all IBA publications is carried out in-house by this Department, as is the design and typesetting of all Conference programmes. The Editorial staff will also solicit and edit articles for IBA and Division and Section Journals.
Kath Farrell (kath.farrell@int-bar.org)
Managing Editor
Tim Licence (tim.licence@int-bar.org)
Head of Production and Technology
São Paolo Regional Office
The IBA also has a regional office in São Paolo, Brasil.
Largo de São Francisco, 34 - 13 Andar
São Paolo/ SP Brazil
Tel : +55 11 3101 2801
Fax: +55 11 3101 0282
Director
Rodrigo Santo
e-mail: rodrigo.santo@int-bar.org
Head of Sao Paulos Office; General management of Sao Paulo office staff; Management of
conferences in the Region of Latin America; Membership promotion in the Region.
Projects Executive
Flavia Alves
e-mail: flavia.alves@int-bar.org
Practical arrangements for Conferences, follow-up of the renewals in the Region, translation of
materials into Portuguese and Spanish.
Press Officer/ Marketing Executive
Meiriele Duarte
e-mail: meiriele.duarte@int-bar.org
Membership promotion, analysis of membership data; Contacts with the main Bars, legal
associations and legal firms in Brazil and its neighbouring countries, media releases, press contact,
PR material.
General Assistant/ Receptionist
Emilia Silva
e-mail: emilia.silva@int-bar.org
Reception, telephone switchboard, outgoing mail, distribution of incoming mail and faxes, office
services and supplies, administrative support for the Regional Office.
Education Training Course Programme
From time to time one-day training courses for young lawyers are offered throughout the world. Devised in 1995, these Courses form an integral part of the Public and Professional Interest Divisions pro bono activities. They are designed to assist young and newly qualified lawyers in their understanding of the fundamentals of international legal business practice. Unless advised otherwise by the host country, no fee is charged for attending the Course.
The Course provides exposure to international legal business practice which, in light of the current climate of globalisation, is becoming increasingly important for the next generation of the profession. The IBA is the world's foremost association of international lawyers and, through the wealth of talent and expertise within its membership, is in the unique and unrivalled position to provide a truly international perspective on the basic concepts of legal business practice to young lawyers throughout the world.
Format
The Course is highly interactive. To maximise opportunities for discussion it is recommended that no more than four topics are addressed in one day. This allows plenty of opportunity for audience participation.
Topics
The local Bar Association or Law Society is invited to choose topics most relevant to a local audience. The following list of topics, contributed by the Legal Practice Divisions substantive Committees, are available for the Course. However, the list is by no means exhaustive.
Introduction to competition law
Introduction to international arbitration
Introduction to letters of credit
Introduction to project finance
Introduction to employment law
Introduction to environmental law
Introduction to international joint ventures
Introduction to mutual funds
Introduction to insolvency
Introduction to insurance law
Issues in privatisation of public service functions
Introduction to intellectual property law
Introduction to technology law
Introduction to international contracts
International agency and distribution agreements
Introduction to international taxation
Issues in international litigation
Introduction to international capital markets
Language
The Course can be conducted in English, Spanish, French or German. Other languages are available on request. If the Division is unable to organise a course in a particular language, simultaneous translation must be arranged by the local Bar Association or Law Society. Expert speakers, fluent in the chosen language, will be provided from the relevant Committee.
Role of the host country
The local Bar Association or Law Society is responsible for the following:
choice of topics most appropriate for the local audience
provision of suitable premises
arrangement of any audio-visual requirements
marketing the Course to members
processing course registrations
In the event that it is not possible for the host country to do all the above, the IBA would be happy to provide necessary assistance.
Role of the IBA
The IBA undertakes to:
provide top quality and expert speakers on the chosen topics
produce and print the course programme
help distribute programmes
provide all relevant course materials
Scholarships
Since 1988, the IBAs Legal Practice Division (formerly the Section on Business Law) has provided a fund from which scholarships are awarded to young lawyers who wish to participate in the annual Conference, but are unable to do so owing to financial constraints.
The Scholarship award covers travel and accommodation costs to attend the Conference and a waived
registration fee. In addition, scholars receive two years free membership of the IBA, LPD, PPID and 2 chosen committees. A waived registration fee is also given for either the next IBA Annual Conference or the next Conference hosted by one of the scholars chosen Committees. These post Conference benefits are conditional upon receipt of a written report submitted within one month of the Conference, which is considered for publication in the Alumni Newsletter.
On average 20 scholarships are awarded annually to young lawyers from within the conference region.
International Practice Diploma Programme (IPDP)
The International Practice Diploma Programme is an entirely correspondence-based continuing legal
education programme designed specifically to meet the needs of international practitioners throughout the world.
The Programme is designed specifically to meet the needs of international practitioners throughout the world. The Programme's flexible distance learning format and support structure mean that jurisdictional boundaries represent no barrier to successful completion.
Developed by the International Bar Association and The College of Law of England and Wales, the
Programme will be of particular interest to newly qualified lawyers wishing to enhance their knowledge of particular areas of legal practice and lawyers wishing to diversify their legal knowledge.
Previous entrants to the programme include lawyers from every corner of the globe, from Australia and Argentina, to the USA and Uruguay. Contributors to the diplomas include international law firms such as Allen & Overy, Baker & McKenzie, DLA Piper Rudnick Gray Cary, Freshfields Bruckhaus Deringer and Debevoise and Plimpton.
The International Practice Diploma Programme offers the following eight Diplomas:
International Business Organisations
International Mergers and Acquisitions
International Competition Law
International Joint Ventures
International Intellectual Property Law
International Arbitration
Human Rights Law and Practice
Human Rights and Criminal Procedure
Further modules will be added as they are developed. There are no compulsory diplomas on the International Practice Diploma Programme.
On successful completion of each Diploma you will be awarded the IBA/College of Law Practice Diploma in the relevant subject area.
Upon successful completion of five Diplomas within a seven-year period, participants earn the designation of IBA Fellow in International Legal Practice.
To help you achieve the IBA Fellowship in International Legal Practice the fees are discounted by 10 per cent for any 2nd or subsequent Diplomas you enrol in. Each Practice Diploma runs for approximately six months, starting in January and July in each year.
International Practice Diploma Programme (IPDP) Scholarships
We are pleased to announce a limited number of scholarships that will be made available to young, deserving
lawyers who require financial assistance in order to participate in the programme.
In addition to financial need, scholarship candidates must meet the following criteria:
recipients must be 35 years or under at the time the module begins;
recipients must be admitted to legal practice;
recipients must be sufficiently fluent in English to complete the coursework, including written
assignments;
recipients must be members in good standing of the Bar Association, Law Society or equivalent
organisation to which they belong; and
recipients must be from one of the countries listed. Please click here for the chart.
A scholarship constitutes an award of such amount as equals 85 per cent of the total fee due to the IBA/COL for the relevant Practice Diploma.
CPD Hours
The programme is accredited by The Law Society of England and Wales. Solicitors in England and Wales may claim up to 75 per cent of their CPD requirement and up to 12 hours for each year in which a Diploma is undertaken.
About the College of Law
The College of Law is Europe's largest provider of legal vocational education, providing training for
thousands of solicitors and barristers each year. The College runs a number of distance learning programmes, including the Open University's LLB degree programme and the Qualified Lawyers Transfer Test, the conversion course for overseas lawyers seeking to qualify as English solicitors. The College also provides continuing professional development (CPD) for the legal profession and has run international training programmes throughout the world.
For further information visit the IBA website under Education
Contact ipdp@int-bar.org
The IBA's Legal Internship Programme
Positions are available for undergraduates and postgraduate law students, or for lawyers waiting a pupilage position or for recently qualified lawyers to serve as an intern at the International Bar Association's office in London.
Selected interns will assist the IBA in developing academic papers and research on key legal topics of both local and international relevance. Interns will have an opportunity to become involved in the work of the following aspects of the Association:
To support the IBA's Human Rights Institute as it promotes human rights throughout the world
To support the IBA's work on Business Law.
Interns will be able to draft policy papers on substantive legal issues as well as assisting in preparing
background research for grant proposals. Interns will also be able to assist in implementing technical
assistance programmes in developing countries. Issues facing the international legal community that are currently an IBA focus include:
International Criminal Court/War Crimes Tribunals;
ethics;
cross/multi-jurisdictional practice;
human rights;
commercial law issues (e.g. merger control);
trial observations and country missions;
continuing legal education (CLE) for Bar Associations.
To download a pdf containing all the information on the internship please click here.
Candidates being considered for an IBA internship should:
be highly motivated;
be able to work independently and on his/her own initiative;
have excellent interpersonal skills;
have good computer literacy including Microsoft Word and e-mail and internet;
have good analytical and writing skills;
have an interest and/or experience in international affairs and politics;
have experience of undertaking internet based research using different legal source websites.
Previous projects undertaken by interns:
Research and grant proposals for Angola
Zimbabwe Mission research
Swaziland - research on the judiciary
Rule of Law Research
Rwandan Constitutional Reform research
Nigeria mission research
Global Competition Forum research
Co-habitation law research
International Criminal Court Research
For further information visit the IBA website under Education or contact:
Ele Armitage Intern Programme Manager
International Bar Association
10th Floor, 1 Stephen Street
London
W1T 1AT
United Kingdom
E-mail: internprogramme@int-bar.org
Bar Issues Commission
Quote from the Chair
BIC is a new creation within the IBA world. It provides a platform for an open dialogue between the IBAs Member Organisations and aims to focus on the issues common to bar associations and law societies around the world, attempting to seek solutions to these issues.
Akira Kawamura
Chair, Bar Issues Commission
Principal objectives
The Bar Issues Commission provides leadership on programming and other activities relating to professional issues of interest to bar associations and law societies. It provides a forum for Member Organisations of the IBA to discuss among themselves issues of common interest, presents programmes at annual conferences on issues of particular interest to Member Organisations and provides advice to the IBA Council, through its Policy Committee, on issues of relevance to Member Organisations. It also provides a portfolio of support activities for developing bars including an e-newsletter and an annual Bar Leaders Conference.
Officers
There are five principal Officers of the BIC: Chair, two Vice-Chairs, Secretary-Treasurer and two Officers at large. In addition, there is a BIC Policy Committee of up to 20 members all of which represent a Member Organisation. Policy recommendations or resolutions are usually proposed by BIC to the IBA Council once they have been agreed by the Policy Committee.
BIC Officers 2005 2006
Chair Akira Kawamura (Japan)
Vice-Chair
Alain de Foucaud (France)
Vice-Chair Malcolm Wallis (South Africa)
Secretary General Hugh Stubbs (England)
Officer Alejando Ogarrio (Mexico)
Officer Michael Kutschera (Austria)
BIC Policy Committee
The BIC Policy Committee is made up of representatives from Bar Associations and Law Societies around the world providing global representation for Member Organisations. The role of the Policy Committee is to address issues of concern to Bar Associations around the world. Examples of issues addressed by the Policy Committee include:
The core values of the legal profession;
Regulation of the legal profession;
Drafting a response to the Multijurisdictional Taskforce recommendations;
Complaints procedures and disciplinary measures
with the goal of making recommendations and reporting their conclusions to the IBA Council when
appropriate.
BIC Business Plan
Bar Issues Commission
Business Plan
2006
The Bar Issues Commission, Objectives 2006
The first year of the BICs existence has been a busy one and has seen a number of accomplishments. It is envisaged the BIC will continue to develop and flourish in 2006, building on the foundations laid down in 2005.
The Officers of the Bar Issues Commission continue to be committed to:
1. Developing and organising activities and events which increase the opportunity for Member Organisation representatives to meet with and learn from one another in formal and informal settings;
2. Developing the BIC and the IBAs understanding of issues facing the profession and its regulators and addressing these issues through its Policy Committee and through sessions organised by the BIC;
3. Developing the Bar Cooperation Programme which provides support to Member Organisations indicating a strong need for advice, training and/or additional resources;
4. Improving communication with Member Organisations;
5. Developing and strengthening ties with current Member Organisations as well as with law societies and bar associations not yet affiliated with the Association;
6. Developing BIC membership.
1. Developing and organising activities and events which increase the opportunity for Member
Organisation representatives to meet with and learn from one another
BIC Latin American Regional Meeting, Caracas, Venezuela, March 2006
Bar Leaders will be invited to meet at the time of the Latin American Forums Regional Conference in
Caracas, Venezuela, in March 2006. Issues particularly relevant to Bar Leaders from the region will be addressed including ethics and regulation of professional services as driven by the WTO.
Bar Cooperation Project, Tokyo, Japan, April 2006 The Japanese government fund, AOTS, and the Japan Commercial Arbitration Association will cosponsor another programme aimed at Asian Bar and Academic representatives, this time focusing on arbitration. The event will be a repeat of the highly successful event held in Tokyo in conjunction with the Competition Law Conference in April 2005.First Annual IBA Bar Leaders Conference, London, 24 25May 2006
The BICs first Annual Conference (IBA Bar Leaders Conference) will take place prior to the Mid-Year Council Meetings in London. Conference sessions will focus on topics of interest for Bar Associations and Law Societies from around the world. It will provide regulators with the opportunity to learn with and from one another, focusing on issues of relevance to those from developed and developing countries.
Taking on board comments in the evaluations of Lisbon, the BIC Officers will ensure that more social
time will be set aside to meet with one another informally.
Sessions will focus on:
- Consumerism at the expense of the lawyer (showcase)
- The raison dtre of Bar Associations
- Pre-qualification training and training of young lawyers
- The fight against corruption and the protection of the rights of individuals
- Dealing with governments
IBA Annual Conference, Chicago, September 2006
Following the Conference in Prague, the BIC Officers have started planning for the IBA Annual
Conference in Chicago. Sessions will focus on topics raised by Member Organisation representatives at the BIC Business meeting in Prague:
- Complaints: guidelines and best practice
- Disciplinary Measures?
- The abandonment of democratic issues to the court
- Advertising vs. not revealing names of clients
BIC Meeting, African Regional Forum Conference, Johannesburg, November 2006
It is envisaged that a meeting and session for Bar Leaders will be attached to the Conference. The BIC
Officers are currently liaising with the Officers of the African Regional Forum to move this forward.
2. Developing the BIC and the IBAs understanding of issues facing the profession and its regulators and addressing these issues through its Policy Committee and through sessions organised by the BIC
BIC Open Forums
A large part of the BIC Open Forums is dedicated to brainstorming about issues affecting the legal
profession from the regulators perspective. These issues are subsequently addressed, either by the Policy Committee or by the BIC at future conference sessions. Member Organisation representatives are also invited to the BIC Policy Committee Open Meetings, where they are invited to comment on issues and contribute to the discussion.
BIC Policy Committee
The work of the BICs Policy Committee is making significant progress. The Policy Committee now
comprises five working groups focusing on:
i) The implications of the Clementi Report for other jurisdictions: the group presented their initial
thoughts and findings at a session at the Mid-Year Council Meetings in Lisbon in 2005. A synopsis of
the session, as well as papers presented at the session, are available from the BIC website. The
working group members agreed at the Policy Committee meeting in Lisbon to continue focusing and
reporting on developments, particularly with the White Paper tabled in the UK on 17 October 2005.
Member Organisation representatives have been encouraged to stay vigilant and report any
developments in the regulation of the profession in their own countries. The Showcase to be
presented in London at the BIC Conference will lead on from the tabling of the White Paper and will
focus on how consumer pressure has led to a review of the legal profession and how this is cutting
across the professions core values.
ii) Following their initial meeting in Lisbon at which they discussed, from the perspective of Member
Organisations, the nature and implications of the Recommendations for Temporary Cross Border
Commercial Practice, issued by the Task Force on International Multijurisdictional Commercial
Practice of the former Section on Business Law, the working group has spent the summer trying to
identify areas of common ground with the business lawyers perspective. It is likely that a paper will
be drafted and presented in 2006.
iii) The working group focusing on defining core values will:
- analyse previous IBA work on core values
- determine whether this work needs to be reviewed, considering developments within the legal
profession
- bring to Council a resolution either reiterating the work already done on core values or a
resolution updating the work already done on core values
The working group is also supporting the work of the PPIDs Professional Ethics Committees Working Group focusing on updating the IBA Code of Ethics. The two working groups met in Prague
to discuss the current draft and will aim to present to the IBA Council a revised version of the Code
of Ethics in Chicago in September 2006.
iv) The working group focusing on defining legal practice with the aim of compiling a library of
definitions is conscious of definitions previously drafted by the IBA and has therefore agreed to put
its work on the back burner with the opportunity of revival if and when the current documents
available become out of date.
v) It became clear from the Clementi Report that complaints procedures are likely to be subject to
scrutiny. It was therefore agreed that a new project for the BIC Policy Committee will be the drafting
of guidelines for Bars and Law Societies on how to implement and maintain an effective and efficient
complaints procedure.
The work of the Policy Committee will continue focusing on the above-mentioned topics in 2006, with the aim of bringing to the Council meeting in London and/or Chicago documents for the Council to address.
3. Developing the Bar Cooperation Programme which provides support to Member Organisations indicating a strong need for advice, training and/or additional resources
The BIC Officers are conscious that some Bars often need immediate support as they aim to develop their Bar and its programmes. The IBAs Human Rights Institute (HRI) focuses on providing long-term support, offering assistance in capacity building to Bars in developing countries, leaving a niche for the BIC to provide immediate support.
The BIC Officers agreed to focus on developing short-term and immediate support programmes. It was felt to be of paramount importance that the developing bars were consulted regarding the support
required. Bar Leaders from developing bars (bars from developing countries or bars in countries where the legal profession is developing) were therefore consulted in Auckland and Lisbon on levels and types of support they require. Having spoken to a number of representatives from bars from around the world, it became clear that their needs are extremely diverse and that support must be tailored to the specific needs of the Bars. Already, a number of requests for support have been received and a key role for the BIC will be to act as a coordinator between the suppliers and the requestors of support.
The Bar Cooperation Programme was launched in Prague and Bars have been asked to submit their
requests for support to the IBA Office. General support that is offered includes:
- targeted sessions at Annual BIC and Annual IBA Conferences
- when required, targeted seminars at Regional Conferences
- e-newsletter with articles of relevance to Developing Bars
- revival of twinning programme whereby Developed Bars are linked with Developing Bars
- education for young lawyers
- support from senior lawyers
- online resources:
-- discussion fora
-- member organisation contact details
-- papers available online
- scholarships for International Practice Diploma Programme
- scholarships for IBA Annual Conference
Two requests have already been received, one from the Cape Verde Bar Association, the other from the Botswana Bar Association and we are liaising with them on what type of support can be provided. With the help of the Australian Law Council and the New Zealand Bar Association, the BIC is working with the SoPacIs to establish a programme of support; the Paris Bar has agreed to be the main point of contact with Bars in French-speaking Africa; and we are cooperating with the HRI to develop our online resources.
4. Improving communication with Member Organisations
BIC e-newsletter
In its aim to improve communication with the Member Organisations, the BIC has recently sent out its
first e-newsletter and a second will be mailed out towards the end of 2005. E-newsletters will include
reports of presentations at the IBA Mid-Year Meetings and the Annual Conferences, updates from Bar
Leaders Business Meetings as well as news from the regions.
The number of BIC e-newsletters will increase from 2 to 4 in 2006, as the pool of contributors is
expanded, and Member Organisations are encouraged to submit articles for the consideration of the
Editor.
Website
The BIC also aims to increase resources available to Member Organisations through its newly designed website (www.ibanet.org/barassociations/Bar_Issues_Commission_.cfm) This website includes links to papers presented at sessions and papers of relevance to the Policy Committee working groups (a great deal of information about the Clementi Report can, for example, be found on the BIC website under resources).
It is hoped to increase the resources available through its website by including documents on Bar
Management as well as additional policy documents.
5. Developing and strengthening ties with current Member Organisations as well as with law societies and bar associations not yet affiliated with the Association
All BIC Officers are committed to developing and strengthening ties with current Member Organisations. Working closely with the Secretary-Generals Regional Restructure Working Group the Officers met with Bars from various regions in Prague to discuss issues of particular regional relevance, understanding how the BIC might support them in the future. The discussions were fruitful and provided topics of interest which can be discussed at future events or be taken up by the Policy Committee, and further discussions will be held in 2006.
6. Developing BIC Membership
BIC Membership
The BIC by-laws provide for Member Organisations who have paid their subscription to the Association to appoint up to three Members of the BIC free of charge. Such Members should, if possible, be individual Members of the IBA but this is not a requirement. The by-laws encourage Member Organisations to ensure there is continuity in those persons appointed and that those persons have relevant experience with the Member Organisation.
The by-laws also allow individual Members of the IBA to join the BIC upon payment of the annual dues.
We are currently in the process of rolling out the following membership strategy:
- All Member Organisations Representatives on the IBA Council (2 individuals: the President and 1
other nominated representative) automatically become members of the BIC;
- Every Member Organisation can nominate a 3rd member of the BIC free of charge;
- No Member Organisation must ever be effectively excluded from the benefits of membership. In
other words, someone in every Member Organisation must receive communication about the various
BIC activities;
- All IBA Members can become a member of the BIC, by either choosing the BIC as their free PPID
Constituent or by additionally opting for membership of the BIC and paying 15.
Membership benefits include:
- Access to future on-line Member Organisation Directory
- Access to on-line discussion forum for Member Organisations
- Access to papers and other resources relevant to Member Organisations
- Bi-annual receipt of BIC e-news
- Invitation to BIC events
- Invitation to BIC business meetings and BIC Policy Committee meetings
- Input into formation of IBA policies
PPID Membership
In accordance with the PPID by laws, each Member Organisation which has paid its subscription to the Association for the current year may nominate free of charge one Member of such Committees of the Division as may be agreed by the Council of the Division. At their meeting in Lisbon in May, the PPID Council agreed that Member Organisations may nominate one Member to each of the following PPID Committees:
- Professional Ethics
- Client Protection
- Access to Justice
Bar Representatives are reminded of BIC and PPID membership in every communication they receive
from the IBA. Furthermore, Bars are provided with an update your details form at every meeting and are encouraged to indicate who their BIC as well as PPID members are. However, this is a new
development, and is likely to take time before it is an established practice with Bars.
Conclusion
The Bar Issues Commission aims to be the global forum for the worlds Bars and Law Societies. We look forward to Member Organisations increased involvement in the work of the BIC and welcome any comments, suggestions and feedback.
Continue in next section
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Main Index
* Bar Issues Commission Handbook
section 2 of 2
| September 2006 | |
Background
The Bar Issues Commission's by-laws provide for Member Organisations who have paid their subscription to the Association to appoint up to three Members of the BIC free of charge. Such Members should, if possible, be individual members of the IBA, but this is not a requirement. The by-laws encourage Member Organisations to ensure there is continuity in those persons appointed and that those persons have relevant experience with the Member Organisation.
The by-laws also allow individual Members of the IBA, with an interest in the profession and its regulators, to join the BIC upon payment of their annual dues.
Eligibility
All Member Organisation Representatives on the IBA Council (2 individuals: the President and 1
other nominated representatives) automatically become members of the BIC;
Every Member Organisation can nominate a 3rd Member of the BIC free of charge;
All IBA Members can become a member of the BIC, by either choosing the BIC as their free PPID
Constituent or by additionally opting for membership of the BIC and paying 15.
Benefits
Access to future on-line Member Organisation Directory;
Access to on-line discussion forum for Member Organisations;
Access to papers and other resources relevant to Member Organisations;
Bi-annual receipt of BIC e-newsletter;
Invitation to BIC events;
Invitation to BIC Business Meetings and BIC Policy Committee Meetings;
Input into formation of IBA policies.
For further information, please contact the IBA office at BIC@int-bar.org or visit the BIC webpages at http://www.ibanet.org/barassociations/Bar_Issues_Commission_.cfm
BIC By-Laws
By-Laws for the Bar Issues Commission
By-Laws of the Bar Issues Commission of the International Bar Association
PREAMBLE
The Bar Issues Commission (BIC) of the International Bar Association (IBA) shall operate subject to and in accordance with the following By-Laws.
The role of BIC is to pursue the objects stated herein for and on behalf of the IBA. For
administrative purposes only, BIC shall be part of the Public and Professional Interest
Division (PPID) of the IBA. However, BIC shall remain independent subject only to:
(a) the supervision of the IBA Council in relation to policy issues;
(b) the obligation to keep the Officers and Council of the IBA and PPID informed of its
deliberations;
(c) submitting its business plan annually to and having its budget set by the Officers of PPID
subject to ratification by the PPID Council.
These By-Laws shall override and replace all or any of the provisions of the PPID By-Laws to the extent they are inconsistent therewith and shall apply to the activities, procedures and appointment
of the Officers of BIC
1. OBJECTS
1.1 The objects of BIC are to:
1.1.1 provide a forum for Member Organisations of the IBA (Member Organisations) to
discuss among themselves issues of common interest;
1.1.2 present programmes and showcases at Annual Conferences on issues of particular
interest to Member Organisations;
1.1.3 provide advice to the IBA Council, through its Policy Committee, on issues of
relevance to Member Organisations.
1.2 In pursuing these objects BIC shall act in accordance with these By-Laws and subject at all times to the direction of the IBA Council.
1.3 In pursuing these objects BIC will have regard to its status in the IBA and accordingly will give priority to activities having a particular connection to the interests and concerns of
Member Organisations.
2. OFFICERS AND COMMITTEES
2.1 Officers
2.1.1 There shall be a Chair, two Vice-Chairs and two other Officers
2.1.2 Each of the Officers shall hold office for a term of two years beginning on 1 January
of each odd-numbered year. No person may be eligible for immediate re-election as Chair.
For the positions of Vice-Chair and the two Officers, an individual may stand for re-election
for one subsequent two year term and will thereafter not be eligible for immediate re-election
to the same office unless in exceptional circumstances a Council meeting shall otherwise
decide.
2.1.3 The Chair may, after consultation with the other officers of the BIC, appoint a
member of the BIC to act as Secretary/Treasurer.''
2.1.4 Subject to
2.1.4.1 any restrictions which the Council of the IBA may from time to time impose;
and
2.1.4.2 these By-Laws,
the Officers shall have general supervision and control of the affairs of BIC. The
moneys allocated to BIC shall be expended only in accordance with the budget
authorised by the PPID. Between General Meetings the Officers shall manage the
affairs of BIC.
2.1.5 Only serving members of the governing body of a Full Member Organisation or a
Sustaining Member Organisation, or a person nominated by a Full Member
Organisation or a Sustaining Member Organisation, can serve as Officers.
2.2 Policy Committee
2.2.1 There shall be a Policy Committee consisting of up to 20 members of BIC appointed
by the Chair after consultation with the other Officers of the BIC.
2.2.2 The Chair and the two Vice-Chairs shall be ex-officio members of the Policy
Committee
2.2.3 Geographical and jurisdictional representations are significant factors to be taken into
account in appointing members of the Policy Committee.
2.2.4 The Policy Committee shall determine its own Chair
2.2.5 Only serving members of the governing body of a Full Member Organisation or a
Sustaining Member Organisation, or a person nominated by a Full Member
Organisation or a Sustaining Member Organisation, can serve as members of the
Policy Committee.
2.2.6 Policy recommendations or resolutions proposed by BIC to the IBA Council may
only be made with the agreement of the Policy Committee.
2.2.7 The Policy Committee may restrict participation in its work to serving members of
the governing body of a Full Member Organisation or a Sustaining Member
Organisation or persons nominated by Full or Sustaining Member Organisations to
participate in the work of BIC. Other members of BIC may attend as observers.
2.3 Committees
2.3.1 The Chair, after consultation with the other Officers and such other persons as he or
she considers appropriate, may establish such other committees as he or she deems
appropriate for the efficient organisation and the conduct of BICs business.
Committee Officers shall be appointed by the Chair after due consultation with the
other Officers and shall hold office for not more than 4 years. The duties of
Committee Officers shall be as directed by the Chair of BIC. Committee Chairs shall
report to the Chair of BIC at least once annually as and when required by the Chair
upon the activities of their committees for the previous 12 months and shall in any
event keep the Chair informed of their Committees meetings and proceedings as they
occur.
2.3.2 The Chair, after consultation with the other Officers, may constitute working groups
and sub-groups to address specific issues which he or she may wish to have
considered, consisting of such members of BIC as he or she thinks fit.
2.4 Duties of Officers
2.4.1 The Chair shall be the senior officer of BIC and shall:
2.4.1.1 preside at General Meetings of BIC and meetings of its Officers and Committee
officers;
2.4.1.2 supervise and co-ordinate all the activities of BIC;
2.4.1.3 consult regularly with and give appropriate consideration to the advice of the
Committee Officers;
2.4.1.4 keep the IBA Council, the IBA President, the Management Board and the
Officers and Councils of PPID and HRI informed of the activities of BIC;
2.4.2 The Vice-Chairs shall:
2.4.2.1 perform such duties of the Chair as may be delegated by him or her and act in
his or her stead if unavailable to act;
2.4.2.2 assist the Chair as requested in supervising and co-ordinating the activities of BIC
2.4.3 The Secretary/Treasurer (or Secretary) shall:
2.4.3.1 give notice of meetings;
2.4.3.2 keep minutes of meetings;
2.4.3.3 maintain records of the membership of BIC;
2.4.3.4 issue such notices as may be required or directed;
2.4.3.5 receive, record and respond to communications to BIC;
2.4.3.6 report to the Chair and General Meetings as required or directed;
2.4.3.7 send all policy papers, recommendations and draft resolutions of the Policy
Committee to the IBA Council;
2.4.3.8 report to the IBA Council and PPID Chair all resolutions of BIC in General
Meetings
2.4.4 The Secretary/Treasurer (or Treasurer) shall:
2.4.4.1 superintend the finances of BIC and liaise with and report to the PPID
Treasurer on all financial matters;
2.4.4.2 report to the Chair as required or directed;
2.5 Election of Officers
2.5.1 The Officers of BIC shall be nominated and elected in accordance with the Rules and
Procedures from time to time governing the nomination and election of Officers of
BIC and Articles 4.2.4 and 4.12 of the IBA Constitution shall apply to any such
election as if it were specifically mentioned therein.
2.5.2 If the Chair is unable to serve due to incapacity or death, or resigns by giving notice
to the IBA President that he or she is unable or unwilling to continue in office until
the end of his or her term, then the IBA President, in consultation with the Chair of
PPID, may appoint another Officer to act as Chair until the conclusion of the term.
Such person shall be eligible for election for the subsequent term.
2.5.3 If an Officer (other than the Chair) is unable to serve due to incapacity or death, or
resigns by giving notice to the IBA President that he or she is unable or unwilling to
continue in office until the end of his or her term, then the IBA President, in
consultation with the Chairs of BIC and of the PPID, may appoint a person eligible in
accordance with Clause 2.1.4 to act as such Officer until the conclusion of the term.
Such person shall be eligible for election for the subsequent term.
3. MEMBERS
3.1 Eligibility
3.1.1 Each Member Organisation which has paid its subscription to the Association for the
current year may, by notice in writing to the Secretary or Treasurer of the PPID,
appoint up to three Members of BIC free of charge, remove any person so appointed
and appoint another in his or her place. Such Members are encouraged to be, but are
not required to be, individual Members of the IBA. Member Organisations are
encouraged, but not required, to ensure
3.1.1.1 suitable continuity in those persons whom they appoint to represent them on BIC;
and
3.1.1.2 that those persons have relevant experience with the Member Organisation.
Any such Member of BIC appointed by a Member Organisation shall cease to be a
Member of BIC if the appointing Member Organisation ceases to be a Member of the
IBA or fails to pay its subscription to the IBA for any subsequent year by 30 June in
that year.
3.1.2 Any individual Member of the IBA may become a Member of the BIC upon payment
of the annual dues prescribed from time to time by the PPID Council with the consent
of the Management Board. Any such Member who resigns or otherwise ceases to be
an individual Member of the Association shall cease to be a Member of BIC
3.2 Entitlements
3.2.1 Membership of BIC shall carry with it the right to attend and participate in General
Meetings of BIC, to be kept informed of the activities of BIC, to receive publications
of the BIC and, subject to Clause 3.2.2 below, to participate in activities and
programmes organised by BIC.
3.2.2 The Officers may arrange meetings or discussions in which participation is restricted
to serving Members of the Governing Body of a Member Organisation and to persons
appointed to participate by a Member Organisation.
4. MEETINGS
4.1 General Meetings
4.1.1 A General Meeting of BIC shall be held in conjunction with each annual conference
of the IBA
4.1.2 The principal purpose of the General Meeting is for the Officers to report to members
on the work of BIC and the Policy Committee, but the agenda may include such other
business as the Officers consider appropriate.
4.2 Other Meetings
The Officers shall arrange a programme of meetings and social events on the occasion of
Annual Conferences and Council meetings of the IBA.
5. MISCELLANEOUS
5.1 Salaries and Expenses
No salary or other emolument shall be paid to any Officer or committee officer of BIC. The
PPID Officers may authorise reimbursement from the funds of the PPID of personal or
administrative expenses incurred by any such person in carrying out the business of BIC,
subject to any guidelines or requirements imposed by the PPID Council.
5.2 Amendments of these By-Laws
These By-Laws may be amended at any time by resolution of the IBA Council
Membership
Individual Membership
Who is eligible for individual IBA membership?
Members of the legal profession including attorneys, counsellors, solicitors, barristers, advocates, members ofthe judiciary and professors of law are all eligible to apply for membership of the IBA.
The Membership Package
Membership Directory
Gain instant access to a network of over 16,000 lawyers worldwide
Interactive website
Gain unrestricted access to the vast online library of legal resources and the online membership directory
Conferences
Receive discounted rates at all IBA events as well as the online CLE sessions.
Journals and newsletters
Learn the latest developments in international law through the IBAs flagship magazine International Bar News, its specialist journals Business Law International and Journal of Energy and Natural and its Committee newsletters.
E-news bulletin
Receive the monthly e-news bulletin, providing the latest news from the international legal arena
Books
Receive discounts on the many books published by the IBA covering a wide range of subjects
Member Rewards
Members can take advantage of prestigious benefits and discounts across a range of leisure and industry
services.
To become an individual member of the IBA please contact the IBA Office Membership Department or visit
the IBA website at www.ibanet.org.
Organisational Membership
Different types of Organisational Membership of the IBA
Full organisational membership Any National organisation shall be eligible to apply for full organizational membership of the IBA. Full member organisations may appoint up to two IBA Councillors to sit on the IBA Council and are entitled to vote at Council Meetings. Full member organisations pay higher dues than Sustaining Organisational Members. Countries may have more than one full member organisation.
Sustaining organisational membership Any organisation of members of the legal profession which is not a National Organisation, or has been declined admission as a Full Member Organisation or is a regional organisation shall be eligible to apply for sustaining organisational membership. With rare exceptions, sustaining member organisations are not entitled to vote at Council meetings although they are encouraged to attend the meetings and join the discussions of interest to all member organisations.
Current Member Organisations of the IBA (as at May 2006)
ALGERIA - Organisation Nationale des Avocats Algeriens
ANGOLA -Angola Bar Association
ARGENTINA - Colegio de Abogados de la Ciudad de Buenos Aires
ARMENIA - Armenian Lawyers Association
AUSTRALIA - Law Council of Australia
AUSTRALIA - Australian Bar Association
AUSTRIA - Osterreichischer Rechtsanwaltskammertag
BAHAMAS - Bahamas Bar Association
BAHRAIN - Bahrain Bar Society
BANGLADESH - National Bar Association of Bangladesh
BARBADOS - Barbados Bar Association
BELGIUM - Nederlandse Orde van Advocaten bij de Balie te Brussel
BELGIUM - Ordre Francais des Avocats du Barreau de Bruxelles
BELGIUM - Orde van Vlaamse Balies
BERMUDA - Bermuda Bar Association
BOTSWANA - Law Society of Botswana
BRAZIL - Instituto dos Advogados do Rio Grande do Sul
BRAZIL - Ordem dos Advogados do Brasil
BULGARIA - The Bulgarian Bar Association
CAMBODIA (KINGDOM OF) - Bar Association of the Kingdom of Cambodia
CAMEROON - Cameroon Bar Association
CANADA - Canadian Bar Association
CAPE VERDE - Capeverdean Bar Association
CAYMAN ISLANDS - Cayman Islands Law Society
CHANNEL ISLANDS - Law Society of Jersey
CHILE - Colegio de Abogados de Chile
CHINA - All China Lawyers Association
COSTA RICA - Colegio de Abogados de Costa Rica
CROATIA - Croatian Bar Association
CYPRUS - Cyprus Bar Association
CZECH REPUBLIC - The Czech Bar Association
DENMARK - Det Danske Advokatsamfund (The Danish Bar & Law Society)
DOMINICA - Dominican Bar Association
ECUADOR - Federacion National de Abogados del Ecuador
EGYPT - The Egyptian Bar Association
ENGLAND - The Law Society of England & Wales
ENGLAND - The Bar Council of England and Wales
EQUATORIAL GUINEA - Law Society of Equatorial Guinea
ESTONIA - Estonia Bar Association
ETHIOPIA - Ethiopian Bar Association
FIJI - Fiji Law Society
FINLAND - Finnish Bar Association
FRANCE - Confederation Nationale des Avocats
FRANCE - Ordre des Avocats a la Cour de Paris
GAMBIA - Gambia Bar Association
GERMANY - Deutscher AnwaltVerein (German Bar Association)
GERMANY - German Federal Bar (Bundesrechtsanwaltkammer)
GHANA - Ghana Bar Association
GIBRALTAR - General Council of the Bar of Gibraltar
GUYANA - Guyana Bar Association
HONG KONG - Hong Kong Bar Association
HONG KONG - The Law Society of Hong Kong
HUNGARY - Hungarian Bar Association
HUNGARY - Budapest Bar Association
ICELAND - The Icelandic Bar Association
INDIA - Bar Association of India
INDIA - The Bar Council of India
INDONESIA PERADI - (Indonesian Advocates Association)
INDONESIA IKADIN - (Indonesia Bar Association)
IRAN - Iranian Central Bar Association
IRAQ - Iraqi Bar Association
IRELAND -The Bar Council of Ireland
IRELAND - The Law Society of Ireland
ISLE OF MAN - Isle of Man Law Society
ISRAEL - The Israel Bar
ITALY - Ordine degli Avvocati di Milano
ITALY - Ordine degli Avvocati di Perugia
ITALY - Ordine degli Avvocati de Roma
JAMAICA - Jamaican Bar Association
JAPAN - The Japan Bar Association
JAPAN - Japan Federation of Bar Associations
JORDAN - Jordan Bar Association
KENYA - The Law Society of Kenya
KOREA - Korean Bar Association
KUWAIT - Kuwait Bar Association
LATVIA - Latvia Bar Association
LESOTHO - Law Society of Lesotho
LIBERIA - Liberian National Bar Association
LIBYA - Libyan Bar Association
LIECHTENSTEIN - Liechtensteinische Rechtsanwaltskammer
LITHUANIA - Lietuvos Respublikos Advokatura (Lithuanian Bar Association)
LUXEMBOURG - Ordre des Avocats du Barreau de Luxembourg
MACEDONIA - Macedonian Business Lawyers Association
MALAWI - Malawi Law Society
MALAYSIA - Majlis Peguam (Malaysian Bar Council)
MALTA - Camera degli Avvocati
MAURITIUS - Mauritius Bar Association
MEXICO - Mexican Bar Association
MONGOLIA - Association of Mongolian Advocates
MOROCCO - Ordre des Avocats au Barreau de Casablanca
MOZAMBIQUE - Mozambique Bar Association
NAMIBIA - The Law Society of Namibia
NAMIBIA - The Society of Advocates, Namibia
NEPAL - Nepal Bar Association
NEPAL - Nepal Law Society
NETHERLANDS - Nederlandse Orde van Advocaten
NEW ZEALAND - New Zealand Law Society
NIGERIA - Nigerian Bar Association
N. IRELAND - The Law Society of Northern Ireland
N. IRELAND - The General Council of the Bar of Northern Ireland
NORWAY - Norwegian Bar Association
PAKISTAN - Pakistan Bar Council
PANAMA - Colegio Nacional de Abogados de Panama
PAPUA NEW GUINEA - Papua New Guinea Law Society
PARAGUAY - Colegio de Abogados del Paraguay
PERU - Colegio de Abogados de Lima
PHILIPPINES - Integrated Bar of the Philippines
PHILIPPINES - Philippine Bar Association
PHILIPPINES - Philippine Lawyers Association
POLAND - Naczelna Rada Adwokacka
POLAND - Krajowa Rada Radcow Prawnych
PORTUGAL - Ordem dos Avogados
ROMANIA - Uniunea Avocatilor din Romania
RUSSIAN FEDERATION - International Union (Commonwealth) of Advocates
RUSSIAN FEDERATION - Federal Union of Russian Advocates
RUSSIAN FEDERATION - Russian Lawyers Guild
RWANDA - Ordre des Avocats Rwanda
SCOTLAND - Faculty of Advocates
SCOTLAND - The Law Society of Scotland
SIERRA LEONE - Sierra Leone Bar Association
SINGAPORE - The Law Society of Singapore
SLOVAKIA - Slovak Bar Association
SOLOMON ISLANDS - Solomon Islands Bar Association
SOUTH AFRICA - Law Society of South Africa
SOUTH AFRICA - General Council of the Bar of South Africa
SPAIN - Consejo General de la Abogacia Espanola
SPAIN - Ilustre Collegio dAdvocats de Barcelona
SPAIN - Ilustre Colegio de Abogados de Madrid
SRI LANKA - Bar Association of Sri Lanka
ST LUCIA - St. Lucia Bar Association
ST VINCENT - St. Vincent and Grenadines Bar Association
SWAZILAND - The Law Society of Swaziland
SWEDEN - The Swedish Bar Association
SWITZERLAND - Swiss Bar Association
SYRIA - Syrian Bar Association
TANZANIA - The Tanganyika Law Society
THAILAND - Thai Bar Association
THAILAND - Lawyers Council of Thailand
TONGA - Tonga Law Society
TRINIDAD - The Law Association of Trinidad and Tobago
TUNISIA - Ordre National des Avocats de Tunisie
TURKEY - Ankara Bar Association
TURKEY - Union of Turkish Bars
UGANDA - Uganda Law Society
UKRAINE - Union of Advocates of Ukraine
UKRAINE - Ukrainian Bar Association
URUGUAY - Colegio de Abogados del Uruguay
USA - The Association of the Bar of the City of New York
USA - American Bar Association
USA - National Association of Women Lawyers
USA - Customs and International Trade Bar Association
VENEZUELA - Federacion de Colegios de Abogados de Venezuela
ZAMBIA - Law Association of Zambia
ZIMBABWE - The Law Society of Zimbabwe
The role of the President of the Member organisation
The President of the Bar Association/ Law Society is invited to report to the IBA on the activities of the Bar. The President should also be receiving information about the IBA and the Human Rights Institute from the appointed Councillor.
The role of the Councillors
The role of the councillor is to report to the IBA on activities of their Bar Association /Law Society and disseminate information in short, the IBA Councillors are the key liaison between the IBA and their bar association/ law society. Up to two Councillors must be appointed by the President of the Bar Association. Generally we encourage the Councillors to be of a senior status within their
own organisation and it is worth bearing in mind the level of time and commitment the role can involve.
The role of the HRI Liaison Officer
The member organisations can also appoint a HRI Liaison officer whose role it is to liaise with the Human Rights Institute on human rights developments in his/her jurisdiction -
Allegations of threats to the independence of the legal profession or judiciary
Publicising the work of HRI to members of the bar
Areas where HRI assistance might be useful
Joint human rights training initiatives.
The role of the HRI liaison officer is a vital link between the association and the IBA. The HRI liaison
officers help HRI understand and respond to the individual needs of your association and the lawyers it represents.
For information on how to apply to become an IBA Member Organisation please e-mail memberorg@intbar.org.
Member Organisation Annual Membership Dues
The IBA Member Organisation dues are based upon the number of members each member organisation has.
Please see below for the current bands -
MEMBER ORGANISATIONS DUES 2006
FULL MEMBER ORGANISATIONS
Band * Number of Members in Organisation * Full Rate () 40% * Discount Country ()
A * 1- 299 * 75 * 45
B * 300-999 * 250 * 150
C * 1000 - 4999 * 500 * 300
D * 5000-9999 * 1000 * 600
E * 10000-19999 * 1500 * 900
F * 20000+ * 2500 * 1500
SUSTAINING MEMBER ORGANISATIONS
Band * Number of Members in Organisation * Full Rate () * 40% Discount Country ()
A * 1-499 * 60 * 36
B * 500-1999 * 100 * 60
C * 2000-2999 * 150 * 90
D * 3000-4999 * 200 * 120
E * 5000+ * 300 * 180
BAR FEDERATIONS
At the Council meeting in Auckland, October, 2004, the following change was approved to Article 3.15 of the Constitution of the IBA:
In the case of a Member Organisation which is a Federation of Bar Associations or Law Societies or a Council of other bodies otherwise representative of members of the legal profession, a single annual fee will apply as fixed from time to time by the Council.
It was proposed and agreed by the Council that a flat fee of 500 per annum will apply for all federations, whether with full or sustaining members. (The 40 per cent discount will still apply to those countries that qualify for it).
Discounted country listing for 2006
Residents from the following countries are entitle to lower IBA membership fees and may register for the conference at the discounted rate.
... Iran ....
Source: World Bank Groups classification of Low Income Economies and Lower-Middle Income Economies,
http://www.worldbank.org/data/countryclass/classgroups.htm#Low_income
Policies and Papers of the IBA
Guidelines on the appointment of delegates to represent the IBA and the Divisions at meetings of
international organizations
Approved by the Management Committee September 1992
Members of the IBA or Division Committees seeking designation as IBA Observers/Representatives shall request such designation from the appropriate Head of Divisions Administration in writing, indicating the nature of the subject matter and programme of the Conference. If possible, this request should be made at least six weeks in advance of the start of the Conference.
The Head of Divisions Administration will then seek approval for such designation from the Chairman of the relevant Committee and thereafter authorisation from the President.
Members seeking such designation must expect to be present at the Conference for which they seek Observer designation. Such members are expected to send to the IBA a brief written report of their activities which may be used as the basis for a report in the IBAs journals.
IBA Observers/Representatives shall observe strictly the provision in the IBA Constitution that the IBA is a non-political Association and shall not take positions in political matters. They should also where practical avoid speaking on controversial matters.
The IBA or the Divisions will ordinarily not provide any financial support to such Observers/Representatives. Any commitment for such support will be in writing from the Head of Divisions Administration after prior approval by the Treasurer of the IBA or of the relevant Division.
11. 1 Liaison with other organisations
A Committee Chair may form a link with a non-commercial organisation relevant to the work of the
Committee after seeking the approval of the Section Officers through the Senior Administrator.
The purpose of such liaisons is to:
- explore possibilities of joint activities such as Conferences, and exchange of speakers;
- keep such organisations informed of Committee activities by sending them Conference programmes,
details of relevant Conferences or publications, news of Committee activities likely to be of interest;
- request that such organisations keep the Committee advised of any activity relevant to the Committees work.
Reports on liaison created, and any activity with them, should be included in Committee newsletters and annual reports.
A Committee member (or members) must be appointed to be responsible for maintaining the liaison with each organisation, and to keep the Division Administrator informed of any name or address changes on behalf of the link organisation.
The Division Chair must approve any new links. The Division Administrator must then be kept informed of the creation of new links, together with the full name and address of the organisations, the name of the contact within the organisation and the Committee member responsible for the liaison.
The list of each Committees link organisations is published in the IBAs Directory of Members.
Committees are encouraged to ensure that the Chair of the United Nations and other Worldwide Organisations Committee (UNWOC) is kept informed of developments and progress with liaisons.
INTERNATIONAL BAR ASSOCIATION
RULES FOR ELECTION OF TWO MEMBER ORGANISATION
REPRESENTATIVES TO THE MANAGEMENT BOARD
(Adopted pursuant to Article 11 of the IBA Constitution by the Association Council on 21 May, 2005. All terms used herein and not otherwise defined shall have the meanings assigned to them in the IBA
Constitution.)
1. Three (3) Councillors representing Member Organisations shall serve on the Management Board.
Such representatives shall be the Chair for the time being of the Bar Issues Commission (who shall be
elected in accordance with the separate rules adopted for that purpose) and two (2) other Councillors.
Each of the two other Councillors shall be elected for a term of four (4) years, and cannot be reelected.
In order to provide for continuity, only one such Councillor shall be elected at the meeting of
the Council at the annual Conference of the Association held in each even-numbered year. In order to
accommodate this format, at the annual Conference of the Association in 2004, Sam Okudzeto was
elected to serve for only a two (2) year term, and Anne Ramberg was elected to serve for a four (4)
year term. Mr. Okudzeto is not eligible for re-election at the annual Conference of the Association in
2006.
2. Pursuant to Article 4.12 of the Constitution, only Councillors appointed by a Full Member
Organisation or (if permitted pursuant to Article 4.12 of the Constitution) a Sustaining Member
Organisation shall be entitled to vote on the election of either of the two other Councillors.
3. Candidates for election as one of the two other Councillors must be eligible to serve as such for at
least the four (4) calendar years following the election. Candidates may be nominated either by a
Member Organisation or by an authorized officer of a Member Organisation.
4. Any casual vacancy shall be filled for the remainder of the term by an election to be held in
accordance with these rules at the next meeting of the Council following the occurrence of such
vacancy. A person elected to fill a causal vacancy pursuant to this Rule 4 shall be eligible for reelection once, unless at the time of the election of such person the Council resolves otherwise.
5. Nominations of candidates shall be submitted in writing to the Executive Director of the IBA at the
IBA London office. Each nomination must be accompanied by a curriculum vitae of the candidate
not to exceed one typewritten page together with the candidates written confirmation that he or she
consents to the nomination. All nominations must be received by the Executive Director at least sixty
(60) days before the date of the meeting of the Council at the annual Conference of the Association
held in each even-numbered year. The date of receipt of each such nomination shall be recorded on
the face of the nomination by the Executive Director or her or his designee. The names of all
candidates, their nominator or nominators, and their curriculum vitae shall be included with the
Council Meeting Agenda book distributed in connection with the meeting of the Council at the annual
Conference of the Association held in each even-numbered year.
6. Votes shall be cast by secret, written ballot, unless there is only one validly nominated candidate, in
which case that candidate shall be declared elected.
7. Any Member Organisation may appoint a proxy to vote instead of its Councillor with power of
substitution by the proxy in case of emergency. The proxy must present written evidence of his or her
appointment by the Member Organisation to the Secretary-General and must be a member of the
Council or a member of the Member Organisation.
8. The candidate who receives the highest number of votes shall be deemed elected to the Management Board. In case of a tied vote, a second ballot, and/or subsequent ballots, shall be cast only for those candidates with tied votes until one candidate has been elected.
9. The President shall appoint from among Councillors representing Member Organisations three (3)
persons (tellers) to receive and count the ballots.
10. The three (3) persons appointed to count the votes shall sign and submit to the President a written
report of the election which shall reflect the total numbers of Councillors representing Member
Organisations present, of votes cast in the election and of votes received by each candidate. Only the
name of the candidate who is elected shall be announced by the President, but any Member
Organisation shall be entitled upon request to review the report of the election.
INTERNATIONAL BAR ASSOCIATION
BY-LAWS GOVERNING THE CONSTITUTION AND PROCEDURE
OF THE NOMINATIONS COMMITTEE AND RULES OF PROCEDURE FOR THE ELECTION OF OFFICERS
(Adopted pursuant to Article 8.3 of the IBA Constitution by the Association Council on 21 May, 2005. All terms used herein and not otherwise defined shall have the meanings assigned to them in the IBA Constitution.)
A. By-Laws Governing the Constitution and Procedure of the Nominations Committee
1. Nominations Committee Meetings
1.1 The Nominations Committee shall meet as soon as possible after its appointment, at such
time and place and in such manner as the Chair shall determine.
1.2 The Committee shall meet in such manner and at such times as the Chair shall determine in
accordance with its timetable to consider all candidates.
1.3 Meetings of the Committee may be convened by the Chair and shall be convened if requested
by a majority of the members of the Committee.
1.4 Not less than five (5) days advance notice of all meetings of the Committee shall be given to
all members.
1.5 The Committee may meet and conduct its business by and/or through any combination of the
following: (a) in person; (b) by videoconference; or (c) by telephone conference.
1.6 Any decision to be made by, or report of, the Committee may be agreed by the Committee
without a meeting, so long as such decision is confirmed in writing by at least 75% of the
members of the Committee appointed by the President, and at least 75% of the members of
the Committee appointed by each Division Chair.
1.7 Notwithstanding Section 1.6 hereof, (a) no recommendation of a person for election as
President, Vice President or Secretary General of the Association may be made unless
approved by at least 75% of the members of the Committee appointed by the President; (b)
no recommendation of a person for election as Chair, Vice Chair or Secretary-Treasurer of a
Division may be made unless approved by at least 75% of the members of the Committee
appointed by the Chair of that Division; and (c) no recommendation of a person for election
as a Chair, Vice Chair or Officer-at-Large of the Bar Issues Commission may be made unless
approved by at least 75% of the members of the Committee appointed by the President
1.8 All deliberations of the Committee shall remain confidential.
2. Nominations Process
2.1 At its first meeting, the Committee shall determine a timetable for calling for nominations for
the next election of the President, Vice President and Secretary General of the Association,
the Chair, Vice Chair and Secretary-Treasurer of each Division, and the Chair, Vice Chairs
and Officers-at-Large of the Bar Issues Commission.
2.2 In accordance with such timetable, the Committee shall call for nominations by notice in
writing to each Member Organization, each Councillor, the Officers of the Association and
each Division, the members of the council of each Division, and the officers of each Section,
Committee or Constituent of each Division, stating the deadline for nominations. Such call
for nominations may be made electronically. Such call for nominations shall also be given to
the Individual Members by the posting of such call on the Associations website.
2.3 Nominations may be in the form set out in the schedule to these by-laws, or other similar
form, and must be made:
(a) for election as President, Vice President or Secretary-General of the Association, by
not less than two (2) persons, each of whom must be either an Officer, a Councillor
or a Member Organisation representative;
(b) for election as the Chair, Vice Chair or Secretary-Treasurer of a Division, by not less
than two (2) persons, each of whom must be either an officer of that Division, a
member of the council of that Division or an officer of a Section, Committee or
Constituent of that Division, or by twenty-five (25) Individual Members of that
Division; and
(c) for election as the Chair, one of two (2) Vice Chairs or one of two (2) Officers-at-
Large of the Bar Issues Commission, by not less than two (2) persons, each of whom
must be either an officer of the Bar Issues Commission or a Member Organisation
representative.
Any nomination may be made in one or more counterparts of the nomination form, each
signed by one or more nominators, and a facsimile copy of any such nomination shall be
treated as an original.
2.4 The Committee may, on its own initiative, nominate one or more Individual Members for
consideration for election, provided the person or persons so nominated are nominated in
accordance with Article 8.2 of the Constitution. Any such nomination by the Committee may
be made at any time during the nomination process, up to and including the date of election.
2.5 The Committee may interview each candidate and/or seek from each candidate further
information about his or her suitability for election, experience and availability if elected, but
is not obliged to do so.
2.6 Once appointed to the Nominations Committee, no member thereof, even if such person
resigns or otherwise ceases to be a member of the Committee, may be nominated for the
election in relation to which the member was appointed.
2.7 An Individual Member may be nominated for more than one position.
2.8 An Individual Member who is nominated may, by notice in writing to the Chair given at any
time, withdraw his or her nomination for any or all positions for which he or she has been
nominated.
2.9 Except where a nomination is made by the Committee pursuant to clause 2.4, no Individual
Member is eligible for election or may be considered by the Committee for nomination unless
a written nomination complying with clause 2.3 hereof is received by the Chair or at the
Associations principal office on or prior to the stated deadline date.
2.10 Promptly after the stated deadline for nominations, the Chair shall arrange for the posting on
the Associations website of all nominations submitted in accordance with the requirements
of this Section.
3. Mid Year Council Meeting
3.1 At the mid year meeting of the Association Council and the councils of the Divisions held in
the year in which an election will occur, the Committee shall report, for discussion purposes
only, the names of those Individual Members who have been validly nominated pursuant to
Section 2. No nominee may be present during any part of those meetings at which
nominations are discussed.
3.2 The Association Council or the councils of either Division may, by resolution, request the
Committee to give further consideration to any matter such council might believe relevant in
relation to any report of the Committee presented for discussion before that council.
4. Committee Reports
4.1 The Committee shall prepare and deliver the following reports to the Secretary General, no
later than thirty (30) days following the mid year Council meeting in the year in which an
election is to take place:
(a) a report to the Association Council and to the councils of the Divisions, in
accordance with Article 8.2 of the Constitution, of its recommendations for the
election of the President, the Vice-President and the Secretary-General of the
Association, and the Chair, two (2) Vice Chairs and two (2) Officers-at-Large of the
Bar Issues Commission; and
(b) a report to the council of each Division, in accordance with Article 8.2 of the
Constitution, of its recommendations for the election of the Chair, Vice Chair and
Secretary-Treasurer of that Division.
4.2 Each report shall include:
(a) the names of all Individual Members nominated;
(b) the names of the persons who nominated each Individual Member;
(c) the Committee's recommendations;
(d) the Committees certification that such recommendations have been made in
accordance with Article 8.2 of the Constitution; and
(e) such other information as the Committee deems necessary or appropriate.
4.3 The Secretary General shall arrange for the posting of the relevant report of the Committee on
the Associations website promptly after receipt thereof, and shall notify members of the
Association Council and the council of each Division of such posting promptly after such
posting has been made.
5. Renominations
5.1 Concurrently with the delivery of the report to the Secretary General pursuant to clause 4.1
hereof, the Chair shall inform those Individual Members who have been validly nominated to
or by the Committee pursuant to Section 2 hereof, but who have not been recommended by
the Committee, that they will not be eligible for election unless, within thirty (30) days of the
date of such notification, such person is renominated in the following manner:
(a) for election as President, Vice President or Secretary-General of the Association, by
not less than five (5) persons, each of whom must be either an Officer, Councillor or
Member Organisation;
(b) for election as the Chair, Vice Chair or Secretary-Treasurer of a Division, by not less
than five (5) persons, each of whom must be either an officer of that Division,
member of the council of that Division or officer of a Section, Committee or
Constituent of that Division, or fifty (50) Individual Members of that Division; and
(c) for election as the Chair of the Bar Issues Commission, one of two (2) Vice Chairs or
one of two (2) Officers-at-Large of the Bar Issues Commission by not less than five
(5) persons, each of whom must be either an officer of the Bar Issues Commission or
a Member Organization.
Renominations may be in the form set out in the schedule to these by-laws, or other similar
form. Any renomination of an Individual Member may be made in one or more counterparts
of the nomination form, and a facsimile copy of any such nomination shall be treated as an
original.
5.2 Any such person who is not so renominated in accordance with Section 5.1 hereof shall not
be eligible for election.
B. Rules of Procedure for the Election of Officers
1. Returning Officers
1.1 The Chair of the Committee and the Executive Director shall be the returning officers for all
elections. Either returning officer may act in the absence of the other. If neither returning
officer is present at any time when an election is to be conducted, the President shall appoint
the returning officer for such election.
2. Voting Procedure
2.1 All elections shall be conducted by secret ballot, unless there is only one validly nominated
candidate for a position, in which case that candidate shall be declared elected to that
position.
54
2.2 Secret ballots shall be conducted in such manner as the returning officer(s) may determine
from time to time.
2.3 Where there are more than two (2) candidates for an office, the candidate with the least
number of votes, and all candidates with less than ten percent (10%) of the votes, on the first
and any subsequent round of voting, shall be removed from the ballot until only two (2)
candidates for such office remain.
3. Sequence
3.1 Where, at any election, two or more positions are to be filled at any one time, the election of
Officers shall take place before any other elections due to take place at the same meeting.
3.2 The election for each office is to be held and declared in order of seniority of office.
4. Scrutineers
4.1 Any candidate for election may appoint another person to be his or her scrutineer for the
purpose of observing the counting of votes for election to the position for which the candidate
is standing.
4.2 Scrutineers shall not disclose to any person the way in which any particular Member voted,
but may disclose to the candidate the aggregate voting statistics for the position and such
other voting information as he or she may deem reasonably necessary and appropriate.
5. Election Results
5.1 The Secretary General shall arrange for the posting of the results of each election on the
Associations website no later than thirty (30) days following the election.
C. Miscellaneous
1.1 Any notice or other communication required by these by-laws and rules to be in writing may
be communicated by facsimile or e-mail transmission.
1.2 No election and no part of the election or nominations process shall be invalidated by reason
of inadvertent non-compliance with any of the provisions of these by-laws and rules.
d-1257515.11
*Conform to requirements of either Section 2.3 or Section 5.1 as applicable to nominators.*
INTERNATIONAL BAR ASSOCIATION
NOMINATION
To:
Chair Nominations Committee
International Bar Association
Nominator:
Position:
Address:
Nominator:
Position:
Address:
We, the Nominators stated above, hereby nominate the person specified in the Schedule for
election to the position(s) stated.
.............................................. ...........................................
Signature Signature
Name Position Contact Details
Acceptance
I hereby agree to this nomination.
........................................................
Signature of Person Nominated
Extract on Voting Procedure from the IBA Constitution
Voting
4.8 Except as herein otherwise provided all decisions of the Council shall be taken by
a simple majority of the Councillors entitled to do so voting in person or by proxy
at a meeting of the Council.
4.9 Councillors appointed by a Sustaining Member Organisation shall be entitled to
attend and speak but not to vote unless (and then only for so long as and to the
extent that) a Full Member Organisation from the same country has notified the
Secretary-General that they may cast any of the votes that could otherwise be cast
by the Councillors appointed by that Full Member Organisation; in which case
they shall be entitled to cast such votes and Article 4.13.1 shall be construed
accordingly.
4.10 Councillors who are Deputy Secretaries-General and Councillors who are
Honorary Life Members of the Association shall not, as such, be entitled to vote
on any resolution.
4.11 Councillors or proxies appointed by a Member Organisation which, by the
seventh day before the relevant meeting, has not paid its subscription due for the
then current year (or in the case of a meeting before the end of March in any
year, due for the preceding year) shall be entitled to attend and speak at any
meeting of the Council, but (unless the Council decides otherwise before the vote
is taken) not to vote. The same rule shall apply to individual Councillors who, by
the seventh day before the relevant meeting, have not paid their subscription due
for the then current year (or in the case of a meeting before the end of March in
any year, due for the preceding year).
4.12 Subject to Article 4.11, only Councillors appointed by a Full Member
Organisation or (if permitted pursuant to Article 4.9) a Sustaining Member
Organisation shall be entitled to vote on the election of a Councillor to serve as a
member of the Management Board.
4.13 If so required by a Councillor present in person or by proxy, and entitled to
vote, a decision of the Council shall (subject to Articles 4.11 and 4.12) be taken as
follows:
4.13.1 subject to Articles 4.9 and 4.13.6, the two Councillors appointed by
each Full Member Organisation shall between them have one vote for each
1,000 or fraction of 1,000 of its members (determined as at 31 December
prior to the meeting of the Council) up to a maximum of ten votes. Such
votes shall be cast by its Representative Councillor unless its President (or
other senior elected office holder) is present or has specifically appointed a
proxy, in which case such person may cast such votes instead;
4.13.2 each of the three Officers of the PPID and the LPD shall respectively
have ten votes, save that:
(a) on any Reserved Matter they shall between them have that number of
votes as shall be equal to the number of votes which could be cast by or
on behalf of Councillors appointed by Member Organisations present in
person or by proxy and entitled to vote; and
(b) on any election of the President, Vice President or Secretary-General
they shall between them have that number of votes as shall be equal to
40 per cent of the number of votes which could be cast by or on behalf
of Councillors appointed by Member Organisations present in person or
by proxy and entitled to vote;
4.13.3 each other Councillor (save as provided in Articles 4.9 and 4.10) shall
have one vote, except on any Reserved Matter or on any election or on any
proposal to amend this Constitution, in which cases they shall not have a
vote;
4.13.4 the votes referred to in Articles 4.13.2(a) and (b) shall be cast by the
senior officer present of the relevant Division; the senior officer of PPID
having 15 per cent of such votes and the senior officer of LPD 85 per cent;
4.13.5 any decision on a Reserved Matter must be by a majority of not less
than three-fifths or, in the case of a decision to which Article 12 applies, twothirds
of the votes cast by such Councillors as, being entitled to do so, vote in
person or by proxy;
4.13.6 in the case of a country where there is more than one Full Member Organisation, the Councillors appointed by the Full Member Organisations in question shall together be entitled to a maximum of 20 votes. In cases to which this Article applies, the Full Member Organisations from that country
shall certify to the Council from time to time how the votes are to be divided between them, but if at any meeting of the Council no such certificate is in force, the Council shall determine the allocation of votes. Where no Councillor appointed by a Full Member Organisation to which this Article applies is present at a meeting, either in person or by proxy, then any votes that such Councillor would have been entitled to cast shall be allocated to the Councillors appointed by any other Full Member Organisation from the
country concerned who are present at such meeting in such manner as may be agreed between those members or, in default of agreement, determined by the Council. Where there is no Full Member Organisation from a given country, the Councillors appointed by any Sustaining Member Organisation
from that country shall be entitled to vote at meetings of the Council as if it were a Full Member Organisation from that country. If there are two or more Sustaining Member Organisations from that country, then the Council shall decide which Councillor appointed by one or more of them (subject to
a maximum of three) shall each be entitled to exercise the right conferred by this Article and in what proportions.
4.13.7 the Chair of the meeting shall announce to the meeting before any vote is taken pursuant to this Article 4.13 the persons entitled to vote, the votes which they are entitled to cast and the provisions of this Article 4.13 which are considered to be applicable.
4.14 In the case of an equality of votes on any matter requiring a simple majority the President or other person chairing the meeting shall have a second casting vote.
Resources
IBA Conferences
Conferences fulfil one of the IBA's most important objectives - the promotion of useful
contacts and interchange between lawyers throughout the world - as well as providing a
forum for the dissemination of specialist information on all areas of the law.
The IBA stages around 30 Conferences each year in major cities throughout the world.
Conferences are open to both IBA members and non-members, with discounted rates offered
for early registration and IBA members.
Attendance at IBA Conferences is a great way to meet your Continuing Professional
Development requirements. All IBA Conferences carry CPD/CLE accreditation - please see
individual Conference programmes for details.
Information on all our conferences is available on the IBA website. Additionally, information
on conferences of specific interest to the Member Organisations will be distributed to all
Member Organisations.
IBA Publications
The IBA publishes a number of publications. The IBA Managing Editor, Paul Crick,
welcomes suggestions for articles and feedback from Committee Officers.
International Bar News
International Bar News (IBN) is the magazine of the IBA. Published 6 times a year and
distributed to all members of the IBA, IBN contains articles covering topical legal and
business issues, as well as highlighting IBA initiatives and activities. Articles are
commissioned from legal and business journalists but ideas and suggestions for articles are
always welcome.
IBA News for Members
The IBA News for Members is an electronic news service which is sent out monthly to all
IBA members who have given us their e-mail address. It is also circulated to nearly 7,000
non-member subscribers. It reports briefly on IBA initiatives and activities and highlights
forthcoming events, reports, conferences etc.
This is an ideal medium for members of the profession know about what is happening in the
various committees, fora, working groups etc. Section or Committee Officers, leaders of
working groups or standing committees should let Paul Crick know of anything they wish to
include.
Business Law International
Business Law International which is sent to all members of LPD quarterly, aims to enhance
the IBAs reputation as a centre of excellence amongst commercial lawyers through in-depth
articles with cross-border or multi-jurisdictional focus providing detailed analysis of the key
business law topics by the leading practitioners, regulators and academics.
Members are encouraged to send in articles or article outlines for consideration by the
Editorial Board. Also, new members of the Editorial Board and Editorial Advisory Board are
welcomed regularly.
Journal of Energy and Natural Resources Law
Journal of Energy & Natural Resources Law is the journal of the Section on Energy,
Environment, Natural Resources and Infrastructure Law. It is published quarterly and cosponsored by the centre for Energy, Petroleum and Mineral Law and Policy, University of
Dundee, Scotland.
The Journal is the only global high quality professional publication dealing with the legal
issues of natural resources (mining, forestry and water) and energy (oil, gas, electricity, nonconventional energy, nuclear and coal) development, trade, transport and finance.
Members are encouraged to submit articles for consideration. Articles should be sent to Paul
Crick at the IBA to be forwarded to the Editorial Board.
Section journals
Sections of the LPD are encouraged to consider publishing a journal which will compliment
the committee newsletters. The Antitrust Section produces a journal and in 2005 four other
Sections have started planning their own journals.
Publication of Committee newsletters will continue as before although we will move towards
electronic delivery of newsletters rather than mailed out printed copies. Please note that
newsletters of 16 pages or less will automatically be sent out electronically and not in hard
copy.
Books
The IBA is committed to a book publishing programme and we would like to continue
improving the number of books published under the IBA imprint and reduce the reliance on
co-publishers. Divisions, Sections and Committees are all asked to consider whether any of
their activities or areas of expertise could lend themselves to a publication. We especially
wish to play to the IBAs key strengths of:
being a global, multi-jurisdictional organisation; and
being an opinion-forming organisation
Please contact Managing Editor, Paul Crick, at the IBA office (paul.crick@int-bar.org) if you
have a book publishing proposal.
IBA Websites
IBA Website www.ibanet.org
IBA Rule of Law Directory http://www.roldirectory.org
IBA Money- Laundering Website http://www.anti-moneylaundering.org
IBA Competition Law Website http://www.globalcompetitionforum.org
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