Annual Report 2009 - Chartered Institute of Arbitrators

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Annual Report 2009BOARD OF MANAGEMENTChairman: Peter J Rees QCThe Institute continued in good health throughout 2009despite the problems suffered by many in that period offinancial difficulties and, at the end of my second (and whathas turned to be the last) year as Chair of the Board ofManagement, I am pleased to be able to report thatmembership remains strong and the financial situation of theInstitute remains very solid.The team of Directors at Bloomsbury Square all performedextremely well during the year and are to be congratulated.Malcom McMullan was responsible for overseeing theactivities of the Finance and Administration Department forthe final full year before his retirement and, as always, did anexcellent job. He carefully managed the Institute’s finances inan incredibly difficult economic climate as well as theprogression of the lease negotiations in respect of 14Bloomsbury Square which resulted in a very satisfactoryoutcome.Tony Marks, the Director of Legal Services, had an incrediblybusy year involving a good deal of valuable constitutionalwork and research as well as the detailed work on branchmatters including the requisite constitutional arrangementsfor the Mauritius Branch.The Director of Research and Development, Aaron Hudson-Tyreman, oversaw a steady increase in quality of teachingand training modules, the organisation of successfulmediation symposia and the advantageous commercialarrangements for the archiving of the Journal by Westlaw.His valuable academic contribution to the Institute will bemissed.The Membership and Marketing Department performedextremely well under the able leadership of Nicki Alvey and,as well as a steady hold on the Institute’s membership levelsthis year, was responsible for increased communication tomembers and, in particular to branches and the implementationof the new website (which in 2008 was in a desperate positionand which is now up and running very successfully).During 2009 the Board of Management was involved in allthe usual matters required for the day to day running of theInstitute and, in particular overseeing of the activities of thevarious boards and committees which report to the Board ofManagement, namely:◆ Education and Membership Committee◆ Examinations Board◆ Panels Management Group◆ Practice and Standards CommitteeAll the boards and committees were extremely efficiently andwell run during the year and congratulations are due to thechairs of those boards and committeesnamely, Rowena Mulcahy, Ian Trushell,Neville Tait and Alan Limbury.In my report for 2008 I noted a list of issues that had arisenfrom the Congress that had taken place in Malaysia thatyear, some progress had been made on those issues at thetime of my last report and I am pleased to say that furtherprogress has been made in 2009:◆ A meeting has taken place between the Director Generalof the Institute and the Executive Director of the InternationalBar Association in order to learn more from the IBA abouttheir very successful fundraising activities and furthercooperation with the IBA and other institutions such asthe LCIA and ICC is anticipated.◆ Detailed consideration has been given to the manydifferences and problems that the Institute has in settingsubscription rates and organising collection procedures,the many variations in the constitutional arrangements ofthe various branches and the varying methods by whichthe branches are financed. This resulted in the Trusteesconsidering this strategic issue at their meeting inWashington. I hope we shall see further progress on thisin 2010.◆ Attempts have been made to gather a comprehensivecollection, of the rules and by-laws of branches and chapters,and to conduct a review of the Branch Model Rules.◆ There has been the welcome continuation of the improvedcommunication with branches and, in particular, keepingthem informed of the activities of the Board of Managementand the various boards and committees of the Institute.In addition, 2009 saw the very successful outcome of ournegotiations for a new lease on 14 Bloomsbury Square andthe finalisation of the arrangements to transfer the Institute’sroom hire business to a wholly owned subsidiary to becalled “12 Bloomsbury Square”.Germany was approved as the location for the meetings ofthe Board of Trustees and Congress in 2010 and theScottish and Kenya Branches have been asked to submitdetailed budget costings for Congress in 2012.A sad loss to the Board of Management during 2009 wasthe resignation of David Cornes FCIArb. He was a veryvaluable member of the board and contributed hugely to thequality of debate within the board and the wisdom of thedecisions made.Finally, I would like to express my thanks to Michael ForbesPage 06CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Board of Management
Annual Report 2009Smith, the Director General of the Institute for all the hard workhe has done in 2009 and for all the success he has achieved.This includes the successful completion and approval of theInstitute Strategy 2010-2015, the Key Performance Indicatorsand the careful handling of his staff in very difficultcircumstances – congratulations are due to him and hedeserves the confidence of all involved with the Institute.On a personal note, I am sorry that I felt obliged to step downafter only two years in the role rather than the three whichhad been anticipated. Fundamental differences between meand the Board of Trustees as to the exercise of their constitutionalfunction and the manner in which they conducted theirbusiness led me to conclude that it was in the best interestsof the Institute that I should step down early. I wish whoeveris appointed in my place every success.■EDUCATION AND MEMBERSHIP COMMITTEEChairman: Rowena MulcahyThe membership of the Education and MembershipCommittee in 2009 comprised: Rowena Mulcahy, Chairman(Ireland); Pauline Makepeace (UK); Michael Joyce (UK); LouiseBarrington (UK); Axel Reeg (Germany); Richard MururuMwonga (Kenya); Rashda Rana (Australia); David BrynmorThomas (UK) who was appointed to the Committee in June2009; Peter Rees QC (Chairman of the Board of Management– ex officio) and John Campbell (President – ex officio).The Committee met twice during the year, in May andOctober and in between physical meetings, it deliberated onmatters by e-mail.During 2009 a tendering process for the provision ofmediation accreditation training was entered into withinterested service providers. A sub-committee under theChairmanship of the Director of Research and Developmentwas established to consider the terms of the tender for theprovision of the Institute’s core mediation training contract. Atender was issued to the current provider and other mediationtraining service providers in September and a final short listof bidders for the contract was prepared by the end of theyear. It is envisaged that a successful bidder will be identifiedand then approved by the Board of Management and that acontract will be entered into with the successful bidderwithout delay.On successful completion of our Mediation AccreditationTraining and Assessment Course an individual is eligible tobecome a Member of the Institute and to be awarded CIArbAccredited Mediator status. Many individuals who undertakethe course are already members of the Institute but othersare not. By describing themselves as CIArb AccreditedMediators, individuals would be considered by the publicand by users of mediation as members of the Institute andthe Committee recommended that a successful participanton the Mediation Accreditation Course must apply for, and beconferred with, membership of the Institute if he or she wishesto be conferred with CIArb Accredited Mediator status.The Committee considered and approved the establishmentof a Family Arbitration Scheme involving the resolution offinancial disputes in family matters and the training of legalpractitioners specialising in family law to act as arbitratorsunder the scheme. The Committee advised on the grade ofmembership to be granted to the successful participants onthe course and considered the training to be given to theparticipants. It was considered that persons appointed asarbitrators under the proposed scheme should be Fellows ofthe Institute and that successful participants on the trainingcourse should be granted Fellowship in line with theCommittee’s previously expressed view that membersappointed as arbitrators under schemes should be Fellowsso as to ensure that their award writing ability had beenobjectively tested by the Institute. The level of training thatwas initially proposed to be delivered to the participants onthe course was not, in the view of the Committee, sufficientfor successful participants to be awarded Fellowship andthe training to be provided to prospective arbitrators underthe scheme was revised in line with suggestions put forwardby the Committee. The training has now been approved bythe Committee.The Committee considered the Institute’s current policy onContinuous Professional Development (“CPD”) and itestablished a working group firstly to consider the Institute’sexisting CPD requirements and secondly to makerecommendations on future CPD requirements.The Committee also approved new Faculty Regulationswhich are to form the basis of the Institute’s agreement withmembers of the Faculty. Members who wish to tutor onCIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Education and Membership CommitteePage 07
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