IBA Council Meeting AGENDA For the meeting to be held on Thursday 22nd September 2016 1500 - 1730 The Blue Ballroom Omni Shoreham Hotel Washington, DC Sign in from 1430 IBA COUNCIL AGENDA Thursday 22nd September 2016 1500 - 1730 The Blue Ballroom Omni Shoreham Hotel Page 1 SIGN IN, WELCOME AND APOLOGIES David W Rivkin 1 2 MINUTES OF THE COUNCIL MEETING HELD IN BARCELONA MAY 2016 David W Rivkin 14 3 2016 OFFICER ELECTIONS a) Report of Nominations Committee b) Voting David W Rivkin / Horacio Bernardes-Neto (ballots) 32 37 OFFICER REPORTS (Written/Verbal) a) IBA President b) IBA Vice-President c) IBA Secretary-General David W Rivkin Martin Šolc Horacio Bernardes-Neto 41 42 43 4 FINANCES a) Treasurer’s report b) Financial Report to June 2016 Jon Grouf / Mark Ellis 6 REPORT OF EXECUTIVE DIRECTOR Mark Ellis 7 MANAGEMENT BOARD a) New York, 2016 David W Rivkin AMENDMENTS TO IBA CONSTITUTION AND BYLAWS a) Resolution b) BIC Management Board proposal c) Draft IBA Constitution (including changes) d) BIC By-Laws (including changes) e) By-Laws governing the Constitution and Procedure of the Nominations Committee (including changes) f) IBA Rules for Election of two Member Organisation Representatives to the Management Board g) Rules and Procedures to govern the Nominations and Election of Officers of the BIC Michael Kutschera (yellow voting card) 5 8 9 10 11 44 46 oral 47 51 53 58 85 92 100 102 MEMBER ORGANISATIONS a) Applications for Organisational Membership Michael Clancy 105 REPORTS FROM IBA DIVISIONS (Written/Verbal) a) Legal Practice Division b) Section on Public and Professional Interest c) Human Rights Institute d) Bar Issues Commission Almudena Arpón de Mendivil Stephen Macliver Helena Kennedy / Hans Corell Margery Nicoll 106 116 124 133 REPORTS FROM PRESIDENTIAL TASKFORCES (Written/Verbal) a) Judicial Integrity Initiative David W Rivkin 139 b) Climate Change Justice & Human Rights Michael Greene / David W Rivkin Gabrielle Williamson Sylvia Khatcherian / Margery Nicoll oral Simon Walker Tim Powers Julia Onslow-Cole 145 145 146 a) African Regional Forum Sternford Moyo 147 b) Arab Regional Forum Sadiq Jafar / Nasser Ali Khasawneh Caroline Berube / Sunil Abraham Alexander Schwarz / Szymon Kubiak Carlos Dominguez / Ricardo Veirano Luis González / Hansel T Pham 149 c) Task Force Against Human Trafficking d) Independence of the Legal Profession 12 13 REPORTS FROM STANDING COMMITTEES (Written) a) Online Services b) IBA Foundation c) Human Rights Institute Charitable Trust REPORTS FROM DEPUTY SECRETARY GENERALS (Written) c) Asia Pacific Regional Forum d) European Regional Forum e) Latin American Regional Forum f) North American Regional Forum 14 PRESIDENTIAL TRANSITION 15 FUTURE IBA COUNCIL MEETINGS Mid 2017 Late 2017 Mid 2018 Late 2018 Mid 2019 Late 2019 Mid 2020 Late 2020 Late 2021 Late 2022 Late 2023 Late 2024 25 – 27 May, Belfast 8 – 13 October, Sydney Oslo* (dates tbc) 6 – 12 October, Rome TBC 22 – 27 September (dates tbc), Seoul Vilnius* (tbc) North America (Toronto°/ Miami°) (dates tbc) Paris† (10-15 Oct) / Barcelona (back up) Latin America/Asia Africa/Asia/Latin America Europe (Barcelona*/Copenhagen*/Warsaw*/The Hague**/Geneva**) * invitation received **letters of enquiry from convention centre ° shortlisted for site visit † subject to conditions being met 16 141 ANY OTHER BUSINESS a) Conference fees for delegates from developing countries b) Update on Turkey by Metin Feyzioğlu David W Rivkin / Mark Ellis Professor Dr. Metin Feyzioğlu 151 156 157 159 1. SIGN IN FOR THE WASHINGTON COUNCIL MEETING, SEPTEMBER 22ND 2016 OFFICE IBA Officers President Vice President Secretary General LPD Chair LPD Vice Chair LPD Secretary-Treasurer - IBA Treasurer LPD Assistant Treasurer IBAHRI Co-Chair IBAHRI Co-Chair BIC Chair SPPI Chair SPPI Secretary-Treasurer NAME COUNTRY Mr David W Rivkin Mr Martin Šolc Mr Horacio Bernardes-Neto Ms Almudena Arpón de Mendívil Mr Jaime Carey Mr Jon Grouf USA Czech Republic Brazil Spain Mr Peter Bartlett Mr Hans Corell Baroness Helena Kennedy QC Ms Margery Nicoll Mr Stephen Macliver Mr Stephen Denyer Australia Sweden England Australia Australia England Honorary Life Members of Council and Association Chief Sena Anthony Mr Keith Baker Mr Wolf-Rainer Bentzien Mr Lalit Bhasin Mr Giuseppe Bisconti Dr Klaus Böhlhoff Mr John F Buckley Mr Jacques Buhart Dr Willem Calkoen Ambassador Emilio Cárdenas Mr L Thomas Forbes QC Justice Richard Goldstone Mr Bernard L Greer Jr Professor J Ross Harper CBE Mr Paul Hoddinott Mr Akira Kawamura Ms Dianna P Kempe Esq. Mr Charles H Lawton Mrs Madeleine May CBE Mr David Moroney Mr John Morrison OBE Mr Francis W Neate Mr Alejandro Ogarrio Mr Sam Okudzeto Mr Blaise Pasztory JD Mr Fernando Pelaez-Pier Mr Steven B Pfeiffer Mr Andrew H Primrose Chile USA Nigeria England Germany India Italy Germany Ireland France Netherlands Argentina Canada South Africa USA Scotland England Japan Bermuda England England England USA England Mexico Ghana USA Venezuela USA Scotland 1 Mr Michael Reynolds Mr J William Rowley QC Mr John R Salter Mr R K P Shankardass Sir Bruce Slane CBE Mr Robert A Trevisani Mr Jan A van de Ven Mr Philip Zeidman Immediate Past Officers of the Council Past President Mr Michael Reynolds Past Chair LPD Mr Michael Greene Past Chair SPPI Ms Gabrielle Williamson Past Chair BIC Mr Horacio Bernardes-Neto Belgium England England India New Zealand USA Netherlands USA England Ireland Belgium Brazil Deputy Secretary Generals African Regional Forum Arab Regional Forum: Asia Pacific Regional Forum: European Regional Forum: Latin American Regional Forum: North American Regional Forum: Standing Committee Chairs Constitution Committee Credentials Committee IBA Foundation Nominations Committee Online Services Committee IBA HRI Charitable Trust Mr Sternford Moyo Mr Nasser Ali Khasawneh Mr Sadiq Jafar Ms Caroline Berube Mr Sunil Abraham Mr Alexander Schwarz Mr Szymon Kubiak Ms Carlos Dominguez Mr Ricardo Veirano Mr Luis Fernando Gonzalez Nieves Mr Hansel T Pham Zimbabwe United Arab Emirates United Arab Emirates China Malaysia Germany Poland Venezuela Brazil Mexico Mr Michael Kutschera Mr Michael Clancy OBE Mr Tim Powers Mr Michael Reynolds Mr Simon Walker Ms Julia Onslow Cole Austria Scotland USA England England England USA 2 IBA LISTED PRESIDENTS/CHAIRPERSONS AND COUNCIL MEMBERS Listed Presidents/Chairpersons and IBA Council Members as submitted on the 2016 annual membership forms. COUNTRY ASSOCIATION VOTES IBA COUNCIL MEMBERS Afghanistan Afghanistan Independent Bar Association 1 Mr Rohullah Qarizada Colegio de Abogados de la Ciudad de Buenos Aires 1 Mr Guillermo Lipera Argentina Colegio Público de Abogados de la Capital Federal Mr Maximo Bomchil 1 Mr Alberto Navarro Australia Australian Bar Association Law Council of Australia Law Society of New South Wales Law Society of the Australian Capital Territory Law Institute of Victoria 5 Mr Patrick O’Sullivan Mr Wil Alstergren 10 Mr Stuart Clark Ms Fiona McLeod SC Mr Gary Ulman Mr Martin Hockridge Mr Frederick Chilton Mr Steven Sapountsis Ms Belinda Wilson South Australian Bar Association Law Society of South Australia Mr David Caruso Mr Anthony Rossi The Bar Association of Queensland The Victorian Bar Austria Austrian Bar 6 Dr Rupert Wolff Mr Michael Kutschera Rechtsanwaltskammer Wien (Bar Association of Vienna) Azerbaijan Azerbaijan Lawyers Confederation 1 Bahamas Bar Association 1 Mr Elsworth Johnson National Bar Association of Bangladesh 4 Mr Shah Khasruzzaman Mr A.F. Hassann Ariff Barbados Bar Association Organisation of Commonwealth Caribbean Bar Associations 1 Mr M Tariq Khan Ms Liesel Weekes Bahamas Bangladesh Barbados Dr Peter Maynard 3 Belgium Nederlandse Orde van Advocaten bij de Balie te Brussel Orde van Vlaamse Balies Ordre Francais des Avocats du Barreau de Bruxelles Orde van Advocaten Antwerpen 3 Ms Kathleen Vercraeye Mr Patrick A. Dillen 10 Mr Dominique Matthys Mr Werner Heyvaert 3 Ms Kati Verstrepen Mr Jan Meerts Belize The Bar Association of Belize 1 Ms Pricilla Banner Bermuda Bar Association 1 Bar Association of the Republic of Srpska 1 Mr Jovan Cizmovic Mr Stevan Dimitrijevic The Law Society of Botswana 1 Ordem dos Advogados do Brasil 4 Mr Claudio Lamachia Mr Marcus Vinicius Furtado Coelho Bermuda BosniaHerzegovina Botswana Brazil Brazilian Bar Association - Branch of Rio de Janeiro Centro de Estudos das Sociedades de Advogados (CESA) Bulgaria The Supreme Bar Council of Bulgaria Sofia Bar Association 5 Bar Association of the Kingdom of Cambodia 1 Cambodia Canada Canadian Bar Association Federation of Law Societies of Canada 10 Mr René Basque Mr James Klotz 10 Mr Jeff Hirsch Mr Jonathan Herman Law Society of British Columbia Quebec Bar Cape Verde Ordem dos Advogados de Cabo Verde 1 Cayman Islands Law Society 1 The Law Society of Jersey 1 Cayman Islands Channel Islands 4 Chile Colegio de Abogados de Chile 5 Mr Arturo Alessandri Cohn Mr Felipe Cousino China All China Lawyers Association 10 Colombia Camara de Servicios Legales - ANDI 1 Mr Diego Munoz Mr Santiago Gutierrez Costa Rica Colegio de Abogados de Costa Rica 10 Mr Froylan Alvarado Mr David Gutierrez Croatia Croatian Bar Association 4 Mr Robert Trauas Mr Marijan Hanzekovic Cyprus Bar Association 3 Mr Theodoros Ioannides Mr Andreas Michaelides Cyprus Czech Republic Czech Bar Association 10 Dr Martin Vychopen Dr Dagmar Dubecka Denmark Danish Bar and Law Society Association of Danish Law Firms 6 Mr Peter Fogh Mrs Randi Bach Poulsen Ms Lotte Eskesen Mr Paul Mollerup England Bar Council of England and Wales The Law Society of England and Wales City of London Law Society 5 Ms Chantal-Aimée Doerries QC Ms Amanda Pinto QC 7 Mr Jonathan Smithers Mr Robert Heslett Mr Alasdair Douglas Mr David Hobart The Commercial Bar Association Estonia Estonian Bar Association 1 Mr Hannes Vallikivi Mr Jaanus Tehver Ethiopian Lawyers Association 1 Ethiopia Fiji Fiji Law Society 1 Ms Laurel Vaurasi Mr Richard Naidu Finland The Finnish Bar Association 2 Mr Jarkko Ruohola 5 Mrs Hanna Räihä-Mäntyharju France Conseil National des Barreaux Ordre des Avocats de Paris France 10 Mr Pascal Edyoux Mr Philippe-Henri Dutheil 10 Mr Frederic Sicard Mrs Dominique Attias Arab Association for International Arbitration Association Française des Juristes d'Entreprise Gambia Gambia Bar Association 1 Ms Loubna Farage Georgian Bar Association 3 Mr Zaza Khatiashvili Ms Ketino Japaridze Georgia Germany Deutscher Anwaltverein The German Federal Bar 10 Mr Ulrich Schellenberg Ms Claudia Seibel 10 Mr Ekkehart Schäfer Dr. Hans-Michael Giesen Ghana Ghana Bar Association 3 Mr Benson Nutsukpui Mr Anthony Forson The General Council of the Bar in Gibraltar 1 Gibraltar Greece Bar Association of Thessaloniki Guyana Guyana Bar Association 1 Mr Christopher Ram Hong Kong Bar Association 2 Ms Winnie Tam Ms Jacqueline Leong QC 8 Mr Thomas So Mr Stephen Hung Hong Kong SAR Law Society of Hong Kong Hungary Budapest Bar Association Hungarian Bar Association 6 Dr Làszlò Reti Dr Peter Szabo 10 Dr Janos Banati Dr Peter Koves Iceland Icelandic Bar Association 1 Mr Reimar Petursson Mr Ottar Palsson India The Bar Association of India The Bar Council of India SILF-Society of Indian Law Firms 2 Mr R K P Shankardass Mr Gopal Subramanium 10 6 Indonesia Indonesian Advocates Association (PERADI) 10 Iranian Central Bar Association 4 Dr Amir Hosseinabadi Dr Alireza Azarbaiejany 10 Mr Bahman Keshavarz Iran Islamic Rep Nationwide Union of Iranian Bar Associations Isfahan Bar Association Mazandaran Bar Association Mr Mohammad Hadi Saffari Mr Seyyed Ali Bagheri Tabar Iraq Iraqi Bar Association Kurdistan Lawyers Association 5 Mr Kadhim Lami Law Society of Ireland 5 Mr Simon Murphy Mr John D Shaw Ireland Ireland The Bar of Ireland Israel European Young Bar Association Israel Bar Association 2 Mr David Barniville Mr Paul McGarry SC Ms Elisabeth Batista 10 Mr Efraim Nave Mr Eytan Epstein Italy Consiglio Nazionale Forense Consiglio Ordine Avvocati di Roma L'Ordine Avvocati di Milano 2 9 Mr Mauro Vaglio Mr Claudio Visco 9 Mr Remo Danovi Mr Mauro RubinoSammartano Jamaica The Jamaican Bar Association 1 Ms Sherry-Ann McGregor Mr Donovan Walker Japan Japan Federation of Bar Associations The Japan Bar Association Daini Tokyo Bar Association The Tokyo Bar Association 10 Mr Kazuhiro Nakamoto Mr Isomi Suzuki 2 Mr Seishi Kanetsuki Mr Masatsugu Suzuki Ms Yumiko Waseda Mr Mikiko Kinose Mr Motoji Kobayashi Mr Kimitoshi Yabuki Jordan Jordan Bar Association 2 Law Society of Kenya 4 Mr Eric Mutua Kenya 7 Ms Lilian Omondi International Federation of Women Lawyers Kosovo Kosova Chamber of Advocates 1 Latvian Council of Sworn Advocates 1 Mrs Guna Kaminska Mr Ivars Grunte The Law Society of Lesotho 1 Mr Shale Shale Mr Moseunyane Masiphole 1 Mr Stefan Ritter Dr Robert Schneider Latvia Lesotho Liechtenstein Liechtensteinische Rechtsanwaltskammer Lithuania Lithuanian Bar Association 2 Mr Ignas Vegele Mr Džiolana Tarvainytė Barreau de Luxembourg 2 Malawi Law Society 1 Mr John Suzi Banda Mr Mwiza Jo Nkhata Luxembourg Malawi Malaysia Bar Council of Malaysia 10 Mr Steven Thiruneelakandan Mr Dato'Haji Sulaiman Abdullah Sabah Law Association Malta Chamber of Advocates - Malta 1 Mauritius Bar Association 1 Barra Mexicana Colegio de Abogados AC 3 Mr Ricardo Rios Ferrer Mr Claus von Wobeser Mongolian Bar Association The Mongolian Association of Advocates 4 1 Mr Ganbaatar Banzragch Mr Batzorigt Judgernamjil Ordem dos Advogados de Moçambique 1 Society of Advocates of Namibia 1 Ms Esi Schimming-Chase Mr Andrew Corbett 1 Mr Ramon Maasdorp Mrs Anne-Doris HansKaumbi Mauritius Mexico Mongolia Mozambique Namibia The Law Society of Namibia 8 Nepal Nepal Bar Association The Nepal Law Society 5 Mr Sher Bahadur Mr Khamma Bahadur Khati 1 Mr Sudheer Shrestha Netherlands Netherlands Bar 10 Mr Bart Van Tongeren Mrs Raffi Van Den Berg Amsterdam Bar Association New Zealand The New Zealand Bar Association The New Zealand Law Society 1 Mr Paul Mabey Mr Clive Elliott QC 10 Ms Kathryn Beck Ms Bronwyn Jones Nigeria Nigerian Bar Association 10 Mr Augustine Alegeh SAN Mr Olumide Akpata Norfolk Island Norfolk Island Bar Association Sir John Walsh of Brannagh Ms Julie-Anne Pho Northern Ireland Law Society of Northern Ireland The General Council of the Bar of Northern Ireland 1 Mr John Guerin Mr Norville Connolly 2 Mr Gerry McAlinden QC Mr Mark Mulholland QC Norway The Norwegian Bar Association 7 Mr Erik Keiserud Ms Berit Reiss-Andersen Norwegian Association of Lawyers Pakistan Pakistan Bar Council 1 The Papua New Guinea Law Society 1 Paraguayan Bar Association 4 Mr Ruben Duarte Mr Nestor Loizaga Papua New Guinea Paraguay Peru Colegio des Abogados de Lima 10 Mr Jorge Velarde Mr Jose Olaechea Philippines Integrated Bar of the Philippines 9 Poland 9 Polish Bar of Legal Advisers The Polish Bar Council Poland Warsaw Bar Association 10 Mr Dariusz Salajewski Mrs Maria Slazak 10 Mr Andrzej Zwara Mr Tomasz Wardynski Mr Wlodzimierz Chroscik Mr Piotr Plachta Portugal Ordem dos Advogados Portugueses 10 Puerto Rico Colegio de Abogados de Puerto Rico Romania National Association of Romanian Bars Baroului Bucuresti 10 Federal Chamber of Lawyers of the Russian Federation 10 Mr Yury Pilipenko Russian Federation Mr Vassily Rudomino International Union (Commonwealth) of Advocates Moscow Chamber of Advocates 1 Rwanda Bar Association 1 Mr Julien Gustave Kavaruganda Ms Anita Mugeni St. Lucia Bar Association 1 The Faculty of Advocates 1 Mr Gordon Jackson QC Ms Angela Grahame QC 4 Miss Eilidh Wiseman Ms Lorna Jack Rwanda Saint Lucia Scotland The Law Society of Scotland The Glasgow Bar Association Serbia Bar Association of Serbia 7 The Sierra Leone Bar Association 1 The Law Society of Singapore 4 Sierra Leone Singapore Sint Maarten Orde van Advocaten Sint Maarten Slovak Republic Slovak Bar Association 6 Mr Lubomir Hrezdovic Ms Katarina Cechova Slovenian Bar Association 2 Mr Roman Završek Slovenia 10 Mr Pavle Pensa CBE Solomon Islands The Solomon Islands Bar Association 1 South Africa General Council of the Bar of South Africa The Law Society of South Africa 2 Mr Jeremy Muller SC Mr McCaps Motimele 10 Mr Mvuso Notyesi Ms Tshepo Shabangu The Cape Law Society The KwaZulu-Natal Law Society The Law Society of Northern Provinces Mr Lunga Peter Mr Anthony Millar Mr Thinus Grobler South Korea Korean Bar Association 10 Mr Changwoo Ha Mr Chunghwan Choi Spain Consejo General de la Abogacia Espanola Ilustre Colegio de Abogados de Madrid Ilustre Collegi d'Advocats de Barcelona 8 1 1 Mr Josep Oriol Rusca Mr Jani Trias Ilustre Colegio de Abogados de Malaga Ilustre Colegio de Abogados de Valencia Sri Lanka The Bar Association of Sri Lanka 3 Mr Upul Jayasuriya Mr Ajith Pathirana Darfur Bar Association 1 The Swedish Bar Association 5 Mr Bengt Ivarsson Ms Anne Ramberg The Swiss Bar Association 9 Mr Sergio Giacomini Mr Urs Haegi Mr Lionel Halperin Mr Alexander Troller Sudan Sweden Switzerland Ordre des Avocats de Genève Zurich Bar Association Tanzania The Tanganyika Law Society East Africa Law Society 4 Mr John Beniel Seka Ms Natujwa Muungi Mr Nassor Khamis Mohammed Mr Aloys Bahebe Thailand 11 Lawyers Council of Thailand Thai Bar Association 10 10 Mr Dej-Udom Krairit Trinidad and Tobago The Law Association of Trinidad and Tobago 1 Mr Reginald Armour Ordre National des Avocats de Tunisie 1 Tunisia Turkey Ankara Bar Association The Union of Turkish Bar Associations 5 10 Professor Metin Feyzioğlu Mr Ümut Hergüner Istanbul Bar Association Uganda Uganda Law Society 2 The Union of Advocates of Ukraine 1 Ms Lidiya Izovitova Mr Mykola Pavlov Ukraine Ukrainian Bar Association Ukrainian National Bar Association 3 Mr Denys Bugay Mr Oleksiy Reznikov 10 Mr Valentyn Gvozdiy Mr Ivan Grechkivsky Uruguay Colegio de Abogados del Uruguay 3 American Bar Association 9 Ms Linda Klein Ms Carolyn Lamm 1 USA USA National Association of Women Lawyers International Law Section of the Florida Bar New Jersey State Bar Association – International Law and Organizations Committee New York State Bar Association International Section Ohio State Bar Association State Bar of California State Bar of Michigan - International Law Section The Association of the Bar of the City of New York Mr Steven M Richman Mr Miles Winder III Mr Neil Quartaro Ms Nancy Thevenin Mr William Weisenberg Mr Harvey Jay Cohen Ms Daphne Cunningham Mr Bruce C Thelen 1 Mr John Kiernan Ms Betsy Plevan Vietnam Vietnam Bar Federation 9 Mr Thinh Do Ngoc Mr Vu Xuan Nam Zambia 12 The Law Association of Zambia 1 Ms Linda Kasonde Mr Eddie Mwitwa Law Society of Zimbabwe 1 Mrs Vimbai Nyemba Mr Chaka Mashoko Zimbabwe 13 Minutes of the Meeting of the IBA Council Saturday 28 May 2016, Barcelona 1. Welcome and apologies David W Rivkin (President) brought the meeting to order at 09.35 and welcomed everyone to the Council Meeting in Barcelona. He thanked the Barcelona Bar Association for their hospitality in hosting the IBA in this beautiful city. Apologies had been received from John F Buckley, Honorary Life Member of the Association. The President explained that there would be a change to the order of the agenda as there were three voting matters that would be moved up to follow the Finances report so everyone was able to vote, given their schedules. 2. Minutes Peter Maynard (Organization of Commonwealth Caribbean Bar Associations) suggested that amendments be noted in detail in the minutes moving forward as the minutes from Vienna indicated only that ‘subject to a couple of amendments the minutes of the last meeting were approved.’ The minutes of the last meeting were approved. 3. Finances Jon Grouf (IBA Treasurer) reported. At the last Council meeting in October 2015 he had reported a deficit of approximately £400,000 because the results were in only through June 30th; however, by the end of the year, there was a surplus of £2,500,000. The IBA has been audited and expects a clean report. Membership is growing, particularly Group and Corporate Membership. One negative is that there has been a downward trend in publications. This is not due to quality, but is a sign of the times. In summary, the IBA’s finances are in good order. With respect to the current year, 2016, the IBA has budgeted a positive result from operations of over £400,000. There will, however, be a reduction this year that will produce on budget a net deficit of £600,000. This is because of £1,000,000 that is expected to be spent on the IBA’s projects from the general reserves fund. The Management Board believes that the Association now has sufficient reserves for a rainy day and it is time now to increase the investment into projects of the IBA. There has been no increase in membership dues. The IBA expects a £200,000 increase in rent for the London Office and also £100,000 expenditure on IT systems, both for security and new programme writing. With cybersecurity being so important for law firms the IBA has been ahead of the curve in planning for this. With no questions from the floor, the President then moved up four agenda items. 4. Nominations for 2016 Officer Elections The President prefaced this item by reminding everyone that the Nominations Committee is broadly representative of the IBA. The Constitution has established this in order to ensure that the committee is appointed separately by the President, the LPD Chair, the SPPI Chair and the BIC Chair. As a result 1 14 the IBA has members of the Nominations Committee representing the span of the different constituencies within the IBA and a very geographically diverse committee as well. Some comments have been made both within and outside the IBA about the role that the Nominations Committee plays. There is a process for amending the Constitution and a process for commenting on internal processes. If people have suggestions about changes that ought to be made, there is a process for doing that and people should feel free to raise constitutional amendment proposals to the Constitution Committee. Michael Reynolds (Chair, Nominations Committee) noted that the Nominations Committee had met in Barcelona in accordance with article 2.5 of the nominations bylaws and interviewed all of the individual members standing for the roles listed. Under article 3.1 of the bylaws, the Chair is required to report the names of those individual members validly nominated pursuant to section 2. This report on the validity of the nominations should not be confused with recommendations made by the Nominations Committee. These will be contained in a written report to be lodged with the Secretary General within 15 days of this meeting, therefore by June 12th, in accordance with article 8.2 of the Constitution. Each of the following individuals has been confirmed as validly nominated: Section of Public and Professional Interest Vice Chair, Sarah Hutchinson Chair, Stephen Denyer Bar Issues Commission Vice Chair, Deboarah Enix-Ross Vice Chair, Peter Koves Chair, Claudio Visco Legal Practice Division Assistant Treasurer, Carola van den Bruinhorst Secretary Treasurer, Peter Bartlett Vice Chair, Jon Grouf Chair, Jaime Carey Officers of the IBA President, Martin Solc Vice President, Horacio Bernardes-Neto Vice President, Peter Maynard Secretary General, Michael Greene Secretary General, Sylvia Katcherian Secretary General, Jim Klotz The Nominations Committee will deliver to the Secretary General within 15 days of this meeting, therefore by 12th June, its report containing its recommendations. This report will then be posted on the IBA website. Pursuant to section 5.1 of the bylaws, concurrently with the delivery of that report to the Secretary General, the Chair will notify those candidates who have been validly nominated but not recommended that within 30 days of that notification that they can be re-nominated and proceed to an election by votes of this Council at its meeting in Washington. The President thanked the Nominations Committee for their hard work on behalf of the Association. 5. Amendments to IBA Constitution and Nominations Committee procedures The President noted that there had been one amendment to the proposal that is in the agenda. After consulting with the Constitution Committee and the Nomination Committee, it was decided to 2 15 maintain the proposals as they are, but to change the proxy rule effective date so that the amendments to the proxy rules in the Constitution would become effective as of 1st January 2017. Therefore they would not apply to the meeting in Washington and to this year’s election cycle. The Executive Director, the President and others that have been involved with the election process had found in the past that there were a number of issues that needed to be addressed. One was that simply counting the votes, given the somewhat unique manner in which the votes can be cast by the Council is not an easy process, electronic voting can make that process easier and ensure that no mistakes are made in trying to count paper ballots in the middle of a Council meeting. Secondly, it has been true in the past that some candidates for offices have circumnavigated the globe collecting proxies, sometimes even before the scope of who was running for office was clear. There have occasionally been issues raised as to whether a proxy would be revocable once given. In light of those circumstances and in order to further good governance in the IBA, the Constitution Committee and the Nominations Committee recommend to change processes to ensure that we have a good, clean election process. This would also expand the ability of the Bar Association and Law Society members to participate in voting even if they are unable to be present in person for the Council meetings. The Constitution Committee and the Nominations Committee together developed the amendments that have been proposed. The Management Board discussed those amendments at their meeting in New York in February of this year and they were unanimously supported. Mark Ellis (Executive Director) concurred with the President and added that the counting process has been problematic in the past and is an issue that should be solved. The electronic voting and change to the proxies will be more democratic and better enable the IBA to engage the Member Organisations. It is a great change for the IBA and consistent with what almost all other international organisations are doing on this front. The President clarified that these changes will only begin as of 1st January 2017. The Nominations Committee discussed these issues at their meeting in Barcelona and they consider it appropriate for the election in Washington only to accept proxies that are signed and dated after the recommendations are made public by the Nominations Committee so that anyone providing a proxy would have a full understanding of the candidates and the recommendations of the Nominations Committee. Michael Kutschera (Chair, Constitution Committee), added that when drafting the rules on electronic voting, it was the intention of the Constitution Committee to maintain the full opportunity for the candidates to present themselves to the electorate in person and likewise for the electorate to get in touch with the candidates personally to make up their minds. There are two overarching principles which have to be observed in relation to proxy voting. First is that the vote is cast by the person voting in full independence and freedom and that the person entitled to vote keeps the ability to decide until the very moment that the vote is cast. Second is to afford, especially Member Organisations who cannot for whatever reason attend a Council meeting in person, the opportunity to vote. An independent vote is best assured if it is cast by the voter him/herself and the electronic vote makes that possible. The Constitution Committee has received comments to the effect that electricity and internet connection may not be as stable all over the world and while that is true, within 15 or 30 days respectively, there will be enough windows of opportunity to cast the vote. Claudio Visco (Chair, Closed Policy Committee) said that the Policy Committee was formally informed of this quite recently, so the President joined the Policy Committee meeting yesterday to explain the background of the proposal and the Committee was all in agreement on the basic principles contained in the proposal and with the spirit as it was explained by the Chair of the Constitution Committee. The Policy Committee endorsed the proposal and they are aware that once 3 16 approved, these changes will need to be implemented by the Nominations Committee and the Policy Committee expects to be involved in that process at that time as there will be choices to be made and fine-tuning to be done. The President responded that as the future Chair of the Nominations Committee, he would ensure that the Policy Committee and the bars are kept informed about how the process will take place. The Chair of the Nominations Committee added that the Nominations Committee supports electronic voting as it enhances the democratic process and it brings the IBA in line with other international bodies. They fully support the proposal. Mauro Rubino-Sammartano (L’Ordine Avvocati di Milano) commented that intentions of the change to the proxy voting are good, however, the small bar associations that cannot afford to travel long distances may have difficulties in giving proxies to someone they do not know. The process of having to obtain the approval of the nominees for IBA Officer roles by three of the four President’s appointees to the Nominations Committee combined with the process of the Nominations Committee to make its recommendations means that those who are not recommended are at a disadvantage. They area also penalised because they must start again with the re-nominations. The President responded that the proposal for electronic voting has been made to enhance the ability of bar representatives to cast their votes. This is one of the main advantages of electronic voting along with ensuring that the votes are counted properly. The Constitution Committee reasonably felt that the limitation of three proxy votes per councillor was an appropriate way to make sure that bars could give proxy when needed, but to prevent some situations which have occurred in the past. Peter Maynard (Organization of Commonwealth Caribbean Bar Associations) commented that this proposal as it stands, although postponed until next year, still no longer gives the bars the opportunity to express their voice through any Councillors. By taking away the right of the proxies to be given to any Councillor, we defeat the purpose of proxies. The proposal restricts the voices of bars and suggests that there is some kind of irregularity. He requested details on these irregularities. The President responded that it seems extremely unlikely that a Bar would not have access to the internet for 30 days or for 15 days, but in those circumstances the IBA office is there to assist the bars. The purpose of this proposal is to provide greater ability to bars to speak and the Constitution Committee and Nominations Committee fairly considered the prospect of proxies at the same time as electronic voting and felt that proxies could be subject to misuse. Chantal-Aimée Doerries (Bar Council of England and Wales) commented that she welcomed the desire to encourage principles of good governance and the change of the effective date of these proposals. If it is suggested that concerns are the result of past experiences where proxies may have been misused or there were difficulties in the counting of proxies, this background information could be set out in a paper and the vote on these amendments could be delayed until the meeting in Washington to allow bars the opportunity to fully understand the issue. The Executive Director explained that the Management Board does not see this as a complicated issue. They are trying to counter what has been a fairly consistent but unseemly process that allows a candidate or a representative of a candidate to collect proxies and to do so in a way that does not provide bars the full knowledge of who is running and their backgrounds. Through electronic balloting, we ensure that the bar representatives have the full slate of candidates, their biographies and statements, which enables the bars to learn – even if they are not coming to meeting – about the candidates and their platforms. The IBA has created the three day pass for bar representatives to incentivise bars to come to the Annual Conference. The current system of voting and proxies does not reflect well on the IBA, and these amendments are clearly a step towards good governance and a democratic process. With electronic balloting, proxies are actually not needed as you simply educate each voter on the candidates and that bar can make that decision. If there is any issue with a bar in a developing country 4 17 that is having difficulties with the internet, the IBA office can deal with that effectively. The office has really worked hard to create a database and to be able to reach out to the bars, and we have the ability to communicate with them all. These amendments focus on engaging bars and making this process inclusive. They have the right to know who is running and to be able to cast that vote. The President added that he had wanted to avoid giving specific instances and pointing fingers at any particular person for past issues arising within the current processes, but that he was now pressed to explain that Peter Maynard had brought to the election in Tokyo 2014 more than a couple of dozen proxies that he had collected in order to vote in favour of himself. There was a feeling among the leadership and the committees that candidates should not be able to do that. This was one of the motivating factors behind this amendment. That is not the only time that this has happened, it has happened in the past, and it is felt that bars ought to be able to vote for themselves with the full information. Stuart Clark (Law Council of Australia) commented that if the concern is in relation to the the appointers of the proxies, the problem could be addressed by deferring the allowance of proxies to those dated after the full information has been made available. The other concern regarding the provision which voids all proxies in the event that one person has more than three proxies could be addressed by providing a system whereby the proxies were collected or notified earlier and then if there is a proposal to invalidate the proxy, give that voter time to either to appoint a further proxy or exercise a right to vote electronically. The President explained that people ordinarily bring proxies with them to the Council meeting, which would not allow an opportunity to communicate to the bar appointing the proxy if there was an issue. The Constitution Committee felt that there had to be some amendments to prevent the misuse of the process. The Chair of the Constitution Committee noted that the amendments to the proxy rules and electronic voting unfortunately are set out in that order because the provisions are in that order in the Constitution. The most important change is to electronic voting and that the electors should cast the vote themselves. A proxy is an exception to the rule. If there is a vote by proxy then this is an independent, secret decision of the voter. You could theoretically get into some mischief by inadvertently issuing five proxies to one bar, but that bar would likely advise those other bars that they already have reached the maximum numbers of proxies that they are allowed and that they would be happy to help them find someone else to whom they could issue their proxy. This may seem a little complicated, but the principle is the voter casts his/her vote unobserved without any influence from anybody. Mauro Rubino-Sammartano (L’Ordine Avvocati di Milano) commented that he would second the proposal made by the Chair of the Bar Council of England and Wales to postpone this vote. Peter Maynard (Organization of Commonwealth Caribbean Bar Associations) commented that he did not bring a couple of dozen proxies to Tokyo. Each proxy that he had was duly issued by the bar with instructions, those instructions were followed and a report was made to them after the proxy was issued. The President noted that the bottom line is that electronic voting is designed to ensure that the bars that cannot come to the meetings in person have full access. Peter Koves (Hungarian Bar Association) commented that each bar should have its voice heard. As these proposed amendments were in the Barcelona agenda and bars could have made their comments known prior to this meeting, there is no difference between voting now and voting in Washington. This is a professional organisation which requires personal presence and proxies should be limited and it is unhealthy when too many proxies are held by one person. Amir Singh Pasrich (Society of Indian Law Firms) commented that before these amendments are considered, we should consider allowing member organisation representatives to participate in the 5 18 Council meeting via skype or other conferencing. Electronic voting should also be available for resolutions, not just on candidate elections. The President responded that this could certainly be looked in to, but that it would not involve a constitutional amendment. He said that as there had a motion to delay the vote on proxy amendments which had been seconded, there would be first a vote on this motion. The IBA Council denied the motion. The President called for a vote on the proposed amendments to the Constitution regarding electronic voting. The IBA Council approved the amendments. The President called for a vote on the proposed amendments to the Constitution regarding proxy voting. The IBA Council approved the amendments. 6. Practical Guide on Business and Human Rights for Business Lawyers The President noted that this has been a very careful process over a long period of time, and we are very proud that in the October meeting this Council voted on a resolution urging bar associations to better educate and inform their members on the UN Guiding Principles on Business and Human Rights and other similar instruments so that we would be in a position to better advise our clients. At that meeting as well, it was determined that the Working Group would continue to work with the Policy Committee in modifying the then draft of the Practical Guide. There has been an extensive amount of work done since then by both the Working Group, the Legal Projects and Research Unit of the IBA and the Policy Committee, particularly its Chair, Claudio Visco, and some designated members who have been actively involved in the process. The original Practical Guide has been divided into two documents: the document that you now have before you, which is a much shorter, clearer Practical Guide designed to make the principles easily understood by lawyers around the world, and a much more detailed Reference Annex that the Working Group has drafted and the Policy Committee has seen but not made detailed comments on. The Reference Annex can be published by the Working Group at the same time as the Practical Guide is issued, but as its own position, just as all groups in the IBA have the ability to present their positions on issues. Even after the Practical Guide was put into this Council Agenda, there were continued consultations right up to this meeting which resulted in some additional amendments both to the resolution and to the Practical Guide, and they have been distributed to you this morning. It has been an extraordinary process by the members of the Working Group and the Policy Committee that he has witnessed and occasionally been able to participate in. He thanked them for their hard work in putting together this valuable document for lawyers around the world. Claudio Visco (Chair, Closed Policy Committee) confirmed that this has been a complex project. As had happened in Vienna in October last year with the bar guidelines, the Policy Committee and the Member Organisations had to work between one conference meeting and the next, so the possibility of meeting physically was limited. There was an attempt to fill this gap with two meetings in London at which we discussed in person with the members of the Working Group and the IBA Legal Practice and Research Unit. Sharing all of the issues that emerged during these discussions and getting appropriate feedback not only from the members of the Policy Committee but also the Member Organisations was not an easy process. The Policy Committee is now happy with the process that was followed in terms of addressing these complex issues and is happy with the document which has now been submitted to the Council today. It is a document which reflects all the changes that were proposed and the sensitive areas that have been identified. The Policy Committee unanimously approves the approval of this document. The final comment was that in future for such documents, the 6 19 Policy Committee and Member Organisations would like to be given more relaxed timetables to work within as this proved to be very difficult. The President thanked Claudio Visco for his leadership throughout this process and invited comments from the floor. Hans Michael Giesen (German Federal Bar) commented that this has been a difficult subject matter to deal with. At the outset people might think that is very easy for lawyers to take a stronger role in furthering human rights; however, there is an intrinsic problem because there is the risk of lawyers and independent legal advice being compromised and instrumentalised for purposes that are in conflict with the way that we see our role. The elements that were found in the initial draft that we felt put the emphasis a bit on the wrong side have been removed, but it is important to state that for many of us that are now prepared to vote for this proposal after all the hard work and the many improvements that have been made to address our concerns, it is still a difficult issue. We need to remain cognisant that the independent role of the legal profession is not in any way compromised. On this basis, many of us have decided that it is the right thing to do now to approve this proposal. The President added that the Working Group and the Policy Committee together made many changes to the document and to the resolution to make the importance of the independence of the lawyer clearer. Claudia Seibel (Deutscher Antwaltverein) questioned how the IBA Management will ensure that the Reference Annex will definitely only be published as the private opinion of the Working Group. The President responded that the Reference Annex will say that it is a report of the Working Group, just as reports of other committees have so said. Presidential Task Force reports, for example, are simply published as the report of the Task Force. It can be included in the document that it has not been approved by the IBA Council. Paulette Brown (American Bar Association) expressed support for the resolution. The American Bar Association has strong support of this, having passed resolutions in 2012 endorsing the UN Guiding Principles for Business and Human Rights. They have also held conferences for bar associations in Geneva for the past two years to develop ways that lawyers can implement the UN guidelines. Werner Heyvaert (Orde van Vlaamse Balies) questioned a typo on page 13 which was corrected. The President called for a vote on adopting the Practical Guide on Business and Human Rights for Business Lawyers. The IBA Council voted to adopt the resolution. 7. BIC Proposal Regarding Bar Representation on the IBA Management Board The President explained that it is normally the procedure that before issues come before the Council, they should be fully reviewed by the Management Board. In the case of this proposal, there was an exception made and it was put forward by the BIC to the Management Board at their meeting here in Barcelona. The proposal was included in this Council agenda for discussion here with a notation that it had not yet been considered by the Management Board. The Management Board considered the proposal at their meeting here and approved the recommendation by the BIC to the Council to make these changes. As the proposal mentions, if the Council votes in favour of this proposal, the Constitution Committee will make the appropriate amendments to the Constitution for a vote in Washington in order to implement them. If the Council decides to defer for any reason then the voting for the Management Board Bar Representative would go forward in the usual way in Washington. Søren Jenstrup (BIC Officer) and Deborah Enix-Ross (BIC Officer) outlined that the IBA, and the Bar Issues Commission in particular, is the truly global place where the Member Organisations can 7 20 meet, share, discuss, disseminate information, exchange views, exchange queries and obtain guidance from each other. The BIC has grown and become a major constituent of the IBA. This is why it is important that the BIC Officers offer their most seasoned and experienced Officers to serve on the Management Board on a more formalised and thus also more transparent, more continuous and more predictable manner. Such improved participation by the BIC on the Management Board will not only benefit the Member Organisations, but it will also make it easier for the BIC to align its work and efforts with the policies and general strategies of the IBA. Deborah Enix-Ross highlighted that having listened to the bars both before Barcelona and in Barcelona, we know that this is the way for the bars to directly elect members to the Management Board, who will be diverse, experienced and committed to the bars and to the association. When the BIC Executive went from five officers to ten, we increased the number of women to five, and we have representation from Asia, Africa, North America and Europe. Bar representatives are invited to stand to become BIC Officers. The President invited questions or comments. Rachel Levitan (Israel Bar Association) commented that she was supportive of the idea that the BIC Past Chair should be on the Management Board, but that she was against taking the two direct bar representatives off of the Management Board. She suggested that the Management Board be enlarged to include the Officers in the proposal in addition to the two direct bar representatives. R K P Shankardass (Honorary Life Member) commented that he was supportive of the proposal, however, he also understood that there would be some concern that it would interfere with the working balance in the Management Board. He suggested that the Past Chair be added as a non-voting member to the existing representation. The President noted that the balance of representatives to the Management Board has been carefully established and reviewed in the most recent review committee, so that is why the BIC has proposed keeping the same number of representatives on the Management Board, but simply changing the manner in which they are selected. He suggested that the vote today be on the BIC proposal as it has been put forward and that consideration be given to whether the Constitution of the Management Board should be changed in the future based on that. He recommended that this consideration be put on the agenda of the Constitution Committee moving forward. He reminded the Council that this vote would not be a binding constitutional amendment until it is voted on in Washington, but it will impact how the association moves forward with elections this year in terms of these representatives. The President called for a vote on adopting the BIC proposal on representation to the IBA Management Board. The IBA Council approved the proposal. The President thanked the Council for their careful consideration of all of the proposals made and the care with which the various proponents of these proposals prepared these items. 8. Officer Reports President The President noted that many of his activities have been focussed on the fulfilment of the IBA’s strategic mission, which is to build the rule of law around the world, to support our bar associations in their efforts to build the rule of law, and to ensure that the IBA is indeed the global voice of the legal profession. The IBA is speaking with a very loud voice on behalf of lawyers all over the world and its impact is being felt. The IBA has worked with lawyers in Myanmar for the last several years to establish an independent lawyers’ association. The IBAHRI representative in Myanmar travelled to all 15 regions to speak with 8 21 lawyers about what it would mean to have an independent lawyers’ association as the bar association is completely controlled by the government. The first meeting of the Independent Lawyers’ Association of Myanmar met in late January 2016, which was attended by the President and the Executive Director. Aung San Suu Kyi spoke at the inaugural ceremony of this meeting, which demonstrated the importance and success of this initiative. The President travelled to China to attend the IBA’s International Arbitration Day, which was a very successful event with over 550 delegates, including more than 100 from China itself. This certainly set a new record for the IBA in China thanks to the careful efforts of the London IBA office in organising this conference. The President also held a number of governmental and other meetings; in particular he met with the Vice Minister of Justice. He made clear to him in this meeting that the IBA remained very concerned about China’s detention of lawyers and human rights activists who speak out against the government as this violates fundamental principles of human rights and the rule of law. As China ushers in a new era, it must respect and defend lawyers who speak out because law must be an independent profession with an independent voice. The President also met with the President of the All China Lawyers Association, who was very pleased that the issue had been raised in person with the Vice Minister of Justice. It was important for the government to hear the voice of those outside of China and understand that we are paying attention. The President was invited to attend the ministerial meeting at the OECD regarding anti-corruption efforts where the IBA was the only legal organisation at the table. He had the opportunity to present to the ministers what the IBA is doing to fight corruption, including the Judicial Integrity Initiative. The President was also recently invited to attend Prime Minister Cameron’s Anti-Corruption Summit in London. This was a limited meeting of 250-300 people, all by invitation-only. The President was one of very few private lawyers present and had the opportunity to speak on behalf of the legal profession. He stated to those in attendance how strongly the IBA and the legal profession as a whole view the importance of fighting corruption. Lawyers are not enablers – they are the ones who investigate, prosecute and bring to justice those who are engaged in corruption. The Management Board decided in Barcelona that it would establish a task force comprised of representatives of various committees and constituencies within the IBA to focus on the appropriate roles and responsibilities lawyers in the circumstances highlighted by the Panama Papers. This will be a joint task force with the IBA and the OECD, which will give it even greater strength. The IBA will move forward with this work as quickly as possible. The IBA is also continuing to be heard in the field of climate change. The IBA partnered with the World Bank, the Rockefeller Institute and various business organisations in holding a conference in Washington called ‘Climate Action 2016’. This conference was attended by 700-800 invited guests, stakeholders from government and NGOs, scientists, academics and engineers, all focussing on how the climate change community can implement procedures, new technologies and new regulations to achieve the goals of the Paris Treaty. The IBA was the only legal voice present and the President had the opportunity to address the conference about the role of the IBA in promoting climate justice and human rights and about the IBA report, which was distributed to all of the delegates. He also talked about the important role that lawyers will play for climate change moving forward. The President was invited to speak at COP22 in Marrakesh. The President, Executive Director, Michael Reynolds and Fernando Pelaez Pier travelled to Cuba last fall to oversee the final stages of developing the training programme for Cuban lawyers. They met with the Attorney General, the Minister for Justice and the Chief Justice, and they all said that they realised that Cuba cannot move into a new economy and they cannot bring about the necessary reforms until their lawyers are fully cognisant of how to engage in international business transactions and the principles of international law. That training programme began this year and there have already been two sessions on international sales law and on corporate M & A and corporate structuring. Fernando Pelaez Pier has led that work and the IBA is very grateful to him. No other legal organisation is undertaking these efforts in Cuba and we can be very pleased in how we are achieving our strategic mission in this manner. 9 22 The President was very pleased to have attended the SEERIL biannual conference in New York, which focussed on issues of importance to lawyers in that field. He then travelled to the IBA Litigation Conference in San Francisco and used this opportunity, along with the Head of the IBA’s North American office, Michael Maya, to meet with lawyers in Los Angeles and San Francisco to promote the IBA and the Washington Conference. He has also attended receptions in Houston and Washington to promote the Washington conference. The President attended the Group Member Summit in London with excellent sessions on cybersecurity, new demography around the world and the impact on lawyers and what corporate counsel expect from their lawyers. This was the second Group Member Summit of the year, the first being the Group Members’ Women Leadership Summit in February in New York. This programme will continue, likely alternating between New York and London, just as the May summits do. Taking advantage of being in Washington for the annual conference, the IBA will start each morning with a keynote address by a leading official. These addresses will include the Homeland Security Secretary, Jeh Johnson; US Trade Representative, Michael Froman; and Attorney General, Loretta Lynch. In addition to this, the Executive Director will hold his ‘conversation with’ sessions, including Colin Powell and Robert Mueller. The committee sessions and lunches also have an array of outstanding speakers. The President noted that the Report of the Executive Director would be the next presented, followed by a continuation of the Officer Reports. 9. Report of the Executive Director Mark Ellis reported that all of these remarkable projects that the President has outlined have been made possible by the investment that has been made on the reserves. The Council will have seen in the Treasurer’s report the various funds that have been allocated to elevate the IBA worldwide and to allow the association to engage substantively in these projects. Over the last eight years, the association has allocated over $14,000,000 to these types of programmes and to assist the members and the divisions in improving what we do as the global voice of the legal profession. The IBA’s recent work in Cuba and Myanmar followed the work done in Afghanistan creating the national bar association. There are additional programmes this year made possible because of this investment, such as the new programme on torture. The IBA is partnering with Harvard University and Alberto Mora, who was the general counsel of the navy during the Bush administration to look at the effect of the US policy of torture on US/UK relations. With the Académie Diplomatique Internationale in Paris, the IBA has a project on diplomacy and accountability, which will be a ground-breaking report. The IBA has been approached by the Lebanon Tribunal, which the IBA has worked with through its office in The Hague, and they have said that the organisation that they want to partner with for this major event that will take place in London this year is the IBA because of its credibility and because of its stature. The Management Board is in discussions regarding a new project that would direct the IBA’s assistance to UN Special Rapporteurs, who exist but simply do not have any type of financial or administrative support. The investments include a new post-bar development fund created so that when the IBA does work in Myanmar, Afghanistan and other jurisdictions, there is also funding that can be immediately accessed. There is now also a rapid response fund created that allows the IBA to move quickly if the rule of law or the independence of the judiciary are attacked. The IBA’s US Foundation has been a great asset, but we felt it was time to move it in a new direction. The Executive Director acknowledged and thanked Tim Powers for everything he has done for the Foundation. 10 23 The IBA has just passed the 100,000 membership figure, which has been made possible primarily because we have added three new Group Members this year: DLA Piper, Denton and Baker & McKenzie. The IBA has now also added Corporate Membership and there are now 26 Corporate Members. Last year the number of delegates across the board for all of IBA’s conferences was increased by 20%. This shows the demand for conferences and in particular, the remarkable work that the LPD does in putting together these programmes. Sponsorship in 2015 was another record year for the IBA with over $2,000,000, which is an important measure for the IBA because sponsors do not provide funds unless they receive value. Overall it has been an extraordinary year for the association in meeting and exceeding where we have been in the past. The Executive Director thanked the Member Organisations and the members for their support. 10. Officer Reports continued Vice-President The Vice President reported that he has spent a significant amount of time on future conferences. Rome 2018 is now completely confirmed, which was quite a lot of work. Due diligence was done by the Vice President and the Executive Director in Rome in December and then a second visit in the spring. The conference centre will be completed on time. The Vice President thanked Claudio Visco for all of his efforts in making these arrangements. The Vice President also visited Sydney and noted that the progress on the conference centre is moving very quickly. The Host Committee is chaired by Stephen Macliver and the Vice Chairs are Margery Nicoll and Peter Bartlett. There is a focus for the Vice President the post-Soviet region. He was in Moscow in December, then travelled to Belarus and will be travelling to Kiev in June. Not all the governments and regimes in those countries are to be supported directly or indirectly by the IBA, the legal profession needs our support, therefore the Vice President intends to continue supporting the legal profession in those countries. There are a group of continuous projects that the Vice President has been involved in. IBA Digital has done an excellent job in altering the website. The film and digital content on the website is constantly growing. The Vice President also continues to participate in some of the President’s Task Forces. Secretary-General The Secretary General reported that the Brazilian Bar Association had invited the IBA to hold an Annual Conference in Rio de Janeiro, so it is possible that we will be there in 2022. The Secretary General was in Cuba for the conference for the Federation of Independent Offices, which was a big, successful conference. The IBA is very enthusiastic about its participation in Cuba and the work of the President, Executive Director and Fernando Pelaez Pier has been remarkable. The Secretary General also attended the Latin American Regional Forum conference in Rio de Janeiro, which had over 800 delegates and high quality seminars and speakers. This coincided with the first ever Latin American Bar Leaders’ Summit, which should be continued by the BIC moving forward. Also highlighted by the Secretary General was the importance of the presence and address of the President at the 85th Anniversary of the Brazilian Bar. R K P Shankardass (Honorary Life Member) complimented the IBA Officers on the extensive activity that the IBA is engaged in and he stressed the importance of cybersecurity. It would be very interesting in Washington to have cybersecurity experts address the delegates. The President agreed that cybersecurity is an important issue going forward and it was a topic at both Group Member Summits. It is a topic of multiple committee sessions in Washington and there are various committees within the LPD that are looking at cybersecurity issues. 11 24 The Vice President further noted that during his presidency he will be focussed on this issue as one of his priorities. 11. Management Board The President referred the Council to the summary from the Management Board in the Council Agenda. He noted that the Management Board voted in their meeting here in Barcelona to narrow the choices for the Annual Conference in 2020 to Toronto and Miami. They will get the strongest possible bids from these cities and vote on them in Washington. 12. Member Organisations Michael Clancy (Chair, Credentials Committee) reported that the following bars were being recommended to the Council for admission as IBA members: Full Membership Guyana Bar Association Sustaining Membership Armenia Lawyers’ Association (Armenia) Law Institute of Victoria (Australia) Law Society of South Australia (Australia) Norwegian Association of Lawyers (Norway) The Chair also thanked Becca Verhagen for her patience and hard work over the past year. The Council approved these bars as members. 13. Reports from IBA Divisions Legal Practice Division (LPD) Almudena Arpón de Mendivil (Chair, LPD) reported. The LPD Council are dedicating a significant effort to maintain the strength of the division within the IBA. A main priority has been to increase the LPD in certain regions such as Asia. The China Working Group that was created in Vienna is working very well and the Arbitration day in Shanghai was attended by more than 500 practitioners, including over 100 Chinese practitioners. The other focus region is the Middle East and the Arab Regional Forum has been revitalised with a great slate of Officers and there was a very successful dispute resolution conference held recently in Dubai. The other target for the LPD has been reinforcing the engagement of corporate counsel, which is being accomplished through the Corporate Counsel Forum. There is a new slate of officers led by Peter Rees, who is doing an extraordinary job. The new corporate membership scheme is drawing the attraction of large multinational corporations and there will soon be the first stand-alone event for corporate counsel only later this year in London. With the help of Stephen Macliver and Stephen Denyer, there will be a joint meeting of LPD and SPPI Councils in Washington. The LPD Council has also been discussing cybersecurity issues in Barcelona and they are creating a group which may develop into a special project. Achieving these targets means significant investment by the LPD and its officers in terms of energy, time and finances. The division is also investing in new areas of law that are not yet covered by the existing committees. There will be a conference on agricultural law held in the beginning of June. There will also be for the first time a conference on start-ups in London and the first ever IBA ECA Forum in Kiev in June. The flagship conferences continue strongly. 12 25 In Washington the LPD has 190 sessions. The showcase will deal with the new corporate gladiators for businesses that need to go through different sets of regulations across jurisdictions and we will analyse the risks that they have to face, how to mitigate them and the role of in house and external counsel. The LPD lunch will feature the Chair of the Securities and Exchange Commission, Mary Jo White. All of these extraordinary achievements would not be possible without all of the Committee officers of the LPD, the LPD Officers and the help of the London office. The President thanked the LPD officers for all of their terrific work in bringing the IBA forward in so many ways. Section on Public and Professional Interest (SPPI) Stephen Macliver (Chair, SPPI) reported. The SPPI leadership deliberately tried to pursue a change agenda, challenging everything that the committees have and have not been doing, and they have been meeting with each of the 17 committees. There is now an SPPI Council that is better composed and very engaged in the leadership of the section. There has been hard work towards improving the section’s engagement with other parts of the organisation, particularly the BIC and the LPD. The section continues to pursue the four strategic initiatives: messaging, section projects, committee focusses and the outreach programme. The SPPI Council has set out expectations for all committee officer roles, in particular at the senior level. There is a greater degree of accountability for their performance as promotion is now based on merit not on tenure. The Multidisciplinary Practices Committee has now been reconstituted as the Alternative Business Structures Committee to reflect the new developments in that area. A working group has now become the Poverty and Social Development Subcommittee and there is also now the Human Rights Law Committee. The LGBTI Committee has now joined the SPPI. In addition to putting on the exceptional Rule of Law Symposium at the annual conference, the remit of the Rule of Law Forum has been broadened as such now acts as a true forum, engaging with other SPPI and LPD committees that have a connection to the rule of law. Those committees have nominated representatives to work with the Rule of Law Forum to identify issues related to the rule of law that the IBA should be considering and responding to. The first meeting of this group took place in Barcelona and it was a great success. The SPPI commenced 2016 building on the initiatives started last year with a council retreat in London, which overlapped with the BIC Officer Retreat, also held in London, so this was a great opportunity for some interaction between these respective parts of the organisation. The retreat was deliberately held in the London office so that the senior members of the IBA staff could be involved and participate at relevant times. This was and energetic and productive retreat. A number of SPPI committees are supporting the presidential initiatives, in particular the Judicial Integrity Initiative, with Martin Daubney, the Chair of the Judges Forum, participating as a member of the expert working group and supporting the Climate Justice and Human Trafficking initiatives. The written report includes the highlights of the work that has been done in the section across a range of activities, including conferences, seminars, publications and research projects. In Washington the SPPI showcase is entitled, ‘The USA’s long arm of justice and what it means for the world’. It will examine the theories on which the US seeks to base its extraterritorial jurisdiction as to whether the theories can be justified or not. The Rule of Law Symposium will be on Friday with Regional Conflict in the morning and Tests and Challenges to the Rule of Law in the afternoon with a case study on Iran. Washington will provide the opportunity for the leadership of the LPD and the SPPI and some of 13 26 the committee officers to get together as part of the outreach programme and cooperation that is being pursued. The President noted that Justice Kennedy had agreed to speak at the Rule of Law Symposium. He also thanked the leaders of the SPPI for the renewed vigour that they have shown this very important section. Human Rights Institute (IBAHRI) Hans Corell (Co-Chair, IBAHRI) reported. The report reflects the extraordinary work done by the Institute under the direction of Phillip Tahmindjis. The Council of the HRI adopted a resolution in Barcelona that reflects the recommendations of the Presidential Task Force on Climate Change and Human Rights outlined in its report which was released in 2014. This resolution will be sent under cover of a letter from the HRI Co-Chairs to the Presidents/Chairpersons in courts, committees and other institutions at the international level so that their attention is drawn to this important element. In Afghanistan there is now a free bar association where the HRI has been involved and similar work is going on in Azerbaijan. There was a scoping mission report issued for Cambodia, which was very well received. In China there are great problems with the fact that lawyers are being arrested, incarcerated and even tortured. In China there has also been the Universal Periodic Report in which the torture issue was raised. Work is being done in Egypt and Hungary and a second report was issued last autumn. There are efforts in Kazakhstan and Mexico, with a focus in Mexico on anti-torture. In Myanmar the first meeting of the free and independent bar association has taken place. Work has been done in Sudan and Tajikistan, also in Timor L’este, where the HRI is developing a free and independent bar association. In Tunisia there has been a major effort together with the International Legal Assistance Consortium to educate 1,600 judges in the country. There is a long list of trial observations included in the written report. The HRI’s activities in Geneva have been very positive. Through the Universal Periodic Review, states are now called upon by the Human Rights Council to present reports on how human rights are respected in their countries at the national level. The IBA has assisted through the HRI in countries that have had to present their reports. The HRI has studied a number of reports and this resulted in a report from the HRI regarding this system of Universal Periodic Review. In Washington, the HRI showcase will focus on human rights in the United States with a letter to the next US President from the international legal community. There will be a panel on ‘Who is a Refugee’ as this matter has become a major issue and a panel on the inter-American human rights system and how well it is working. The HRI celebrated its 20th anniversary with a wonderful event. The HRI Annual Review has now been published as has the Human Rights Fact Finding Guidelines. Of particular importance is the report on judicial independence in Latin America, which is on a very serious situation. There is a long list of press releases which are released when the HRI Co-Chairs issue letters to draw attention to these situations. Phillip Tahmindjis, IBAHRI Director added that the 20th anniversary celebratory event was a speaker session with respect to human rights in the United Kingdom. This is a very important topic at the moment because the HRI usually looks at human rights in other countries and human rights in developed countries should not be ignored. There is also a major debate in the UK about leaving the European human rights system, so the HRI hosted a debate in Grey’s Inn entitled, ‘Human Rights – can we go it alone?’ The two main speakers were Martin Howe QC, who is very much in favour of leaving, and Sir Keir Starmer QC, who is very much in favour of remaining. Since then, Baroness 14 27 Kennedy has had a meeting with the Justice Minister, Mr Gove, about this issue and they HRI will be contributing towards the consultation paper later this year. The President thanked the IBAHRI for the great activities on behalf of the association. Bar Issues Commission (BIC) Margery Nicoll (Chair, BIC) reported. The Bar Leaders’ Conference was very successful and focussed on the theme of ‘Leading the Way’ to show how lawyers are leading the way and how they can lead the way. The feedback from the conference is that this is something that lawyers will take away and continue to think about. All those who attended the conference were urged to speak to the BIC Officers about how they found the content of that conference as the BIC is committed to improving this conference and maximising its relevance. The 2017 Bar Leaders’ Conference will take place in Belfast. During the Barcelona conference, the BIC was pleased to welcome two new bars from Tajikstan and Kazakhstan, who were very active participants. The BIC Executive will now consider a possible conference in Kazakhstan, and in doing that, the BIC would very much like to consult with the LPD, SPPI and HRI to make an effective and meaningful conference for the participants. The President of the Malaysian Bar, Steven Thiru, spoke to the BIC Officers in Barcelona about the current situation of his bar. The opportunity of the Barcelona conference was used to hold a roundtable on the challenges to the independence of the legal profession, for which countries were hand-picked to participate that had not yet been consulted regarding this. Steven Thiru provided a first-hand example of government encroachment on this independence. Very useful information was expressed during this roundtable, which was an example of how these bar leader conferences can be extended to embrace other roundtables or topics that could be discussed in the future. The BIC take so seriously that it must properly represent its diverse constituency, including geographical spread, gender and other factors. The bar representatives in Council were invited to express their interest if they would like to become a BIC Officer, particularly from regions that are not currently strongly represented. The BIC showcase session in the Washington programme will be on the Independence of the Legal Profession and on the findings of the Task Force on the Independence of the Legal Profession. The Chair paid tribute to Claudio Visco, whose leadership in the Policy Committee has been extraordinary and the outcome reached today is incredibly satisfying. The Chair also thanked Becca Verhagen for the smooth transition from Elaine Owen. The President thanked the Chair for the excellent activity of the BIC. He added his thanks to Becca Verhagen for stepping in after Elaine. 12. Reports from Presidential Taskforces Judicial Integrity Initiative The President also stated that the first report of this Initiative was published and made available to each Council Member during this meeting. The Initiative began last year by meeting with experts in London and Singapore who recommended looking at what happens when there is judicial corruption at the root level. That is what the survey did, which was distributed to the bar associations to their members. According to the survey results, while people are concerned about bribery and reported that it was frequently encountered in areas where there is judicial corruption, there is even more concern about undue influence and political interference in judicial decision making. That spanned not only the developing world but also the developed world, where the rule of law is believed to be wellensconced. 15 28 The intent is to distribute this report widely. It will be translated into Spanish and French so that it can be reviewed by judicial officials and others. There has been cooperation with the International Association of Jurists, Transparency International, the World Justice Project and a number of others and the Task Force will continue to work with them on follow up efforts. The Task Force will create two different best practices compilations. One is going to look at best practices for prosecutors and the other will look at best practices to investigate judicial corruption. The existing best practices guides do not cover these areas and so this would be very useful in filling in that gap. Through the BIC, the Member Organisations will be asked to report to the Task Force on how they investigate issues of corruption by their members. The member organisations will also be consulted in the development of a compact agreement that would be signed by lawyers, judges, prosecutors and court clerks. It would include a declaration that each person who signs it will not engage in corrupt activities and it will incorporate a more sophisticated code of conduct by all those aspects of the judicial profession. Four bar associations have volunteered to be the models for this study and the Task Force will talk to the members of the legal and judicial profession in those countries. The Task Force will include in this project appropriate IBA committees, like the Judges’ Forum, and will also work with outside organisations, like the International Association of Jurists, because judges have to be very much a part of this and feel engaged in the process of developing this. If this idea works well in those model countries, then it could be offered as a model to bars around the world. The Task Force will also consider creating an independent certification of judicial systems as having appropriate procedures to avoid corruption. ISO and the British Standard Organisation already have a standard for industrial corporations to show that they have appropriate processes in place. The Task Force plans to see whether those standards can be adapted or whether there is a need to write a separate but related standard for judicial systems. Working towards creating judiciaries that could obtain this certification could become a competitive mission among countries that would be beneficial to everyone. The Task Force intends to research national anti-corruption laws to see if they really capture judicial corruption. Many may be aimed at procurement activities rather than at the kinds of corruption identified in the survey in the judicial processes. If there are gaps, the Task Force can make proposals that could be adopted around the world. In all of these efforts, the Task Force will work not only with the Legal Practice and Research Unit in the IBA office which has made such valuable contributions so far, but also with various committees. The Judicial Integrity Initiative will continue into Martin Solc’s term. Climate Change Justice and Human Rights The President also reported that the World Bank has reviewed the report and invited the IBA to participate in its annual legal conference, which will be devoted to climate change and the legal issues arising from it. Our committees continue to be very active in promoting the recommendations of the report. Michael Greene (Task Force Chair) added that he was very pleased with the progress of the two working groups on climate change justice and human rights: the adaptation working group and the model statute working group. There has been contribution from a wide range of constituents across the association with over 22 committees from across the LPD and SPPI, the BIC and the HRI. The reports of these two working groups will be presented at the Annual Conference in Washington. 16 29 Presidential Task Force Against Human Trafficking The President gave regrets from Gabrielle Williamson as she was unable to attend and report on the activities of the Task Force. She is one of five Co-Chairs of the Task Force. The Task Force has drafted a report on the impact of corruption on human trafficking, which is in its final stages and is being reviewed by a number of experts. The report is expected to be issued next month. In addition, training sessions will be conducted in Singapore and in the UK for lawyers, judges, police, immigration officers and others involved in activities focussing on the modern slavery acts that each of those countries has recently passed. Independence of the Legal Profession Sylvia Khatcherian (Task Force Co-Chair) reported that the focus of the Task Force at this stage is to ensure that the list of indicia of independence developed with input from members and various jurisdictions is as complete and clear as possible through the widest consultation as possible. The roundtable in Barcelona was excellent as it presented the opportunity to hear from many jurisdictions that had not yet been consulted. The Co-Chairs were fortunate to participate in the PPID Open Forum where the work was shared and additional input was received. The preliminary report is being reviewed by the Task Force members and the final report will be the subject of the BIC Showcase session in Washington. The President thanked the Co-Chairs and the members of the Task Force for their valuable work. He added that the Presidential initiatives and the work that has been described could not be made without the Special Projects Fund using the reserves that the association has fortunately been able to build up to support these projects which are so important not only to our members, but to lawyers worldwide. 13. Reports from Standing Committees Reports from Deputy Secretary-Generals No further reports were added to the written reports. 14. Any other business R K P Shankardass (Honorary Life Member) commented that as President of the Bar Association of India, he is under pressure to request the restoration of the reduced registration rate for developing countries for the annual conference and requested that this be added to the agenda for the Council meeting in Washington. The President explained that the IBA eliminated this discount four years ago and instead used the funds that would normally be spent through that discount to bring young lawyers from developing countries to the annual conference. That process has been enormously successful and the numbers of delegates from developing countries attending the conference has not really changed. These numbers can be presented to the Council in Washington. The President was approached in Vienna by a majority of the 50 young lawyers participating in the programme who gave great thanks for the opportunity granted to them. The programme has been very good, but this can be discussed further in Washington. Amir Singh Pasrich (Society of Indian Law Firms) added a request that the IBA share the statistics and finances of this programme. The President reiterated that the programme and numbers would be discussed at the Council meeting in Washington. 17 30 17. Future IBA Council Meetings 2016 (Late) 2017 (Mid) 2017 (Late) 2018 (Mid) 2018 (Late) 2019 (Late) 2020 (Mid) 2020 (Late) 2021 (Late) 2022 (Late) 2023 (Late) 2024 (Late) Washington (18–23 September) Belfast (25-27 May) Sydney (6-13 October) Oslo* (dates tbc) Rome, (7-12 October) Seoul, (22-27 September) (dates tbc) Vilnius* (tbc) North America (Toronto°/ Miami°) Paris† (10-15 October) / Barcelona (back–up) Latin America / Asia Africa/Asia/Latin America Europe (Barcelona*/Copenhagen*/Warsaw*/The Hague**/Geneva**) ° shortlisted for site visit * invitations received **letters of enquiry from convention centre † subject to conditions being met There being no further business for the Council, the meeting ended at 12.52 Becca Verhagen July 2016 18 31 3. 2016 OFFICER ELECTIONS a) Report of the Nominations Committee Report date: 6 June 2016 To the Councils of the: International Bar Association; Legal Practice Division; Section on Public and Professional Interest; and Bar Issues Commission Ladies and Gentlemen: As required by Section 4 of the Bylaws Governing the Constitution and Procedure of the Nominations Committee (the “Bylaws”), the following is the report of the recommendations of the IBA Nominations Committee (the “Committee”) for each of the positions set forth below: Each of the Individual Members named below has been validly nominated to the Committee pursuant to Section 2 of the Bylaws for the office set forth opposite such individual’s name: For the Association For President Nominee Martin Solc Nominated By Martin Vychopen Czech Bar Association Lubomir Hrezdovic Slovak Bar Association For Vice-President Horacio Bernardes-Neto Alberto Navarro Colegio Publico de Abogados de la Capital Federal Arturo Alessandri Colegio de Abogados de Chile For Vice-President Peter Maynard Paulette Brown American Bar Association Chantal-Aimee Doerries Bar Council of England and Wales For Secretary-General Sylvia Khatcherian Almudena Arpon de Mendivil Chair, LPD Paulette Brown American Bar Association 32 For Secretary-General For Secretary-General Jim Klotz Michael Greene Rupert Wolff Austrian Bar Association Mauro Vaglio Consiglio Ordine Avvocati di Roma Almudena Arpon de Mendivil Chair, LPD Sternford Moyo Chair, African Regional Forum For the Legal Practice Division (“LPD”) For Chair Nominee Jamie Carey Nominated By Timothy Powers LPD Council Member Jaime Herrera LPD Council Member For Vice-Chair Jon Grouf Klaus Reichert LPD Council Member John Williamson-Noble LPD Council Member For Secretary-Treasurer Peter Bartlett Ricardo Veirana Co-Chair, Latin American Regional Forum Claudio Doria Senior Vice Chair, European Regional Forum For Assistant Treasurer Carola Vanden Bruinhorst Michael Greene LPD Council Member Stephen Denyer Vice Chair, SPPI 33 For the Section on Public and Professional Interest (“SPPI”) For Chair Nominee Stephen Denyer Nominated By Margery Nicoll Chair, BIC Almudena Arpon de Mendivil Chair, LPD For Secretary-Treasurer Sarah Hutchinson Margery Nicoll Chair, BIC Almudena Arpon de Mendivil Chair, LPD For the Bar Issues Commission (“BIC”) For Chair Nominee Claudio Visco Nominated By Rupert Wolff Austrian Bar Association Stuart Clark Law Council of Australia For Vice-Chairs Peter Koves Janos Banati Hungarian Bar Association Laszlo Reti Budapest Bar Association Deborah Enix-Ross Paulette Brown American Bar Association Stuart Clark Law Council of Australia 34 The Nominations Committee interviewed each of the foregoing candidates for office during the IBA Mid-Year Meeting in Barcelona. The Committee gave very careful consideration to all the candidates and the nature of its obligations, and makes the following recommendations for election at the IBA Council meeting in Washington, DC. Association President Martin Solc Vice-President Horacio Bernardes-Neto Secretary-General Sylvia Katcherian Legal Practice Division (“LPD”) Chair Vice-Chair Secretary-Treasurer Assistant Treasurer Jaime Carey Jon Grouf Peter Bartlett Carola Vanden Bruinhorst Section on Public and Professional Interest (“SPPI”) Chair Secretary-Treasurer Stephen Denyer Sarah Hutchinson 35 Bar Issues Commission (“BIC”) Chair Vice Chairs: Claudio Visco Peter Koves Deborah Enix-Ross Those candidates for office not recommended by the Committee will only be entitled to stand for election in Washington if they are re-nominated in accordance with the requirements set forth in Section 5 of the Bylaws within the 30 days of the date of this report. The Committee certifies that these recommendations have been made in accordance with Article 8.2 of the Constitution. Respectfully submitted, Michael Reynolds Chair, IBA Nominations Committee 36 b) Candidates and voting The following are the nominations, and re-nominations for the candidates for the IBA Officer elections. IBA President Martin Šolc was nominated for the position of President of the IBA and is uncontested. Vice President Horacio Bernardes-Neto was nominated for the position of President of the IBA and is uncontested. For Secretary General The nominated candidates are Sylvia Katcherian and Jim Klotz. Sylvia Katcherian was recommended by the Nominations Committee for the position of Secretary-General. She was nominated by the following. Almudena Arpon de Mendivil Paulette Brown Chair, Legal Practice Division American Bar Association Theodoros Ioannides, Andreas Michaelides Tshepo Shabangu, Tony Pillay Augustine Alegeh, Eire. Ifueko Alufohai Kadhim Lami Maria Slazak Mauro Rubino-Sammartano Andrzej Zwara Yury Pilipenko Cyprus Bar Association Debra L Raskin Alejandro Muñoz Law Society of South Africa Nigerian Bar Association Iraqi Bar Association Polish Bar of Legal Advisers Ordine Avvocati di Milano Polish Bar Council Federal Chamber of Lawyers of the Russian Federation New York City Bar Association Cámara de Servicios Legales, Colombia Jim Klotz has been re-nominated for the position of Secretary-General by the following: Margery Nicoll Stephen Macliver Stephen Denyer Claudio Visco Peter Koves Jonathan Smithers, Robert Heslett Chair, Bar Issues Commission Chair, Section on Public and Professional Interest Secretary Treasurer, Section on Public and Professional Interest Consiglio dell'Ordine degli Avvocati di Roma Hungarian Bar Association Law Society of England and Wales 37 Ulrich Schellenberg Michael Kutschera , Rupert Wolff Laszlo Reti Peter Fogh, Randi Bach Poulsen Lotte Eskesen, Paul Mollerup Janet Fuhrer Jonathan Herman Steven Richman German Bar Association Austrian Bar Association Budapest Bar Association Danish Bar and Law Society Association of Danish Law Firms Canadian Bar Association Federation of Law Societies of Canada New Jersey State Bar Association – International Law Committee Ohio State Bar Association Harvey Jay Cohen Alberto Navarro Janos Banati Hanna Raiha-Mantyharju, Jarkko Ruohola Bruce Thelen Werner Heyvaert Colegio Publico de Abogados de la Capital Federal Hungarian Bar Association Finnish Bar Association State Bar of Michigan – International Law Section Orde van Vlaamse Balies Bar Issues Commission All positions for senior BIC Officers are uncontested and therefore the Officers listed below will be duly elected to serve as BIC Officers from 1st January 2017. Name Position 1st Nomination 2nd Nomination Claudio Visco Chair Rupert Wolff Austrian Bar Association Stuart Clark Law Council of Australia Pèter Köves Vice-Chair Janos Banati Hungarian Bar Association Laszlo Reti Budapest Bar Association Deborah Enix-Ross Vice-Chair Paulette Brown American Bar Association Stuart Clark Law Council of Australia 38 Only the three most senior BIC Officers are interviewed and recommended by the IBA Nominations Committee. According to the BIC By-Laws, the remaining seven BIC Officersat-Large are reviewed and recommended by the BIC Nominations Committee. The BIC Nominations Committee has recommended the exact number of candidates for the number of available positions and thus the candidates listed below will be duly elected to serve from 1st January 2017. Name Position Country Member Orgnaisation Norville Connolly Senior Officer at Large Northern Ireland Law Society of Northern Ireland Kimitoshi Yabuki Senior Officer at Large Japan Tokyo Bar Association Linda Kasonde Officer-at-Large Zambia Law Association of Zambia Ken Murphy Officer-at-Large Ireland Law Society of Ireland Berit ReissAnderson Officer-at-Large Norway Norwegian Bar Association Steven Richman Officer-at-Large USA Claudia Seibel Officer-at-Large Germany New Jersey State Bar Association – International Law and Organizations Committee Deutscher Anwaltverein 39 The following will also be elected by their Councils or General Meetings to serve 2017-2018: Legal Practice Division Name Position 1st Nomination 2nd Nomination Jaime Carey Chair Timothy Powers LPD Council Member Jaime Herrera LPD Council Member Jon Grouf Vice-Chair Klaus Reichert LPD Council Member John WilliamsonNoble LPD Council Member Peter Bartlett Secretary-Treasurer Ricardo Veirana Co-Chair, Latin American Regional Forum Claudio Doria Senior Vice Chair, European Regional Forum Carola van den Bruinhorst Assistant Treasurer Stephen Denyer Vice Chair, SPPI Michael Greene LPD Council Member Section on Professional and Public Interest Name Position 1st Nomination 2nd Nomination Stephen Denyer Chair Margery Nicoll Chair, BIC Almudena Arpon de Mendivil Chair, LPD Sarah Hutchinson SecretaryTreasurer Margery Nicoll Chair, BIC Almudena Arpon de Mendivil Chair, LPD 40 4. Officer Reports a) IBA President Since the date of my last report to the Council (May 2016), I have continued to travel extensively on behalf of the Association and to advance the various Presidential initiatives and other IBA Projects. I reported on some of them at the Barcelona meetings: In April, I attended and gave a keynote address at the biennial SEERIL conference in New York. I also spent a week in California, in which I spoke at the Litigation Committee’s conference and (with Michael Maya of our North American office) attended many meetings with law firms and receptions in Los Angeles and San Francisco to promote the Washington conference. I attended a similar reception in Houston in May. In May, I spoke at the Climate Action conference in Washington, which the IBA cosponsored along with the United Nations, World Bank and other important organizations. I was the only lawyer to address the entire gathering and received many comments on the importance of lawyers in the work on climate change. The following week, I attended and had the opportunity to speak at Prime Minister Cameron’s inter-governmental conference on corruption (attended by 11 heads of state, Secretary Kerry and dozens of attorney generals and ministers of justice). I was able to present the IBA’s anti-corruption work, including our report on judicial corruption. Again, I was the only non-governmental lawyer to speak at this conference. Immediately before the Barcelona conference, I attended the third meeting of our extraordinary group of young Israeli and Palestinian lawyers in Prague. Many members of this group will speak at the Rule of Law Day in Washington. I will report orally about this group in more detail at the Washington meeting. I also attended the very well attended Group Members Summit in London. Immediately following the Barcelona conference, I attended a conference of judges and prosecutors held at the Vatican on human trafficking and corruption. The IBA was once again the only legal organization to be invited to attend, and I had the opportunity to present our work on human trafficking, judicial corruption, climate justice and business and human rights. Pope Francis spoke beautifully to the attendees; it was an honor to be in his presence. Later in June, I spoke at the Legal Sustainability Alliance of law firms in London about our work on climate change justice, and at our anti-corruption conference in Paris. I was able to attend the UN Global Compact’s conference on the UN’s sustainability goals. In July, the IBA hosted at our London office the annual meeting of leaders of the ABA, CCBE, UIA and IBA. I was then also able to attend the very useful conversations at the annual retreat of LPD officers in Spain. I traveled to Ulaanbaatar, Mongolia to speak at the annual meeting of the Presidents of Law Associations of Asia (PoLA). We had useful conversations on the situations in Turkey and Mongolia, among others, and I was able to present our work on business and human rights. Many of the bars represented there promised to promote our Practical Guide. 41 As I write this report, I am representing the IBA at the ABA’s annual meeting in San Francisco. Later this month, I will also attend the Canadian Bar Association annual meting in Ottawa, the AIJA annual meeting in Munich, and meetings on our Judicial Integrity Initiative in Mexico City with leaders of the Mexican judiciary, bar and others. I will then speak at the Climate Change Summit of the Americas in Guadalajara. Throughout this time, I have also been active on the various Presidential initiatives and other IBA projects. I will report orally on them at the Council meeting. David W Rivkin 5 August 2016 b) IBA Vice President Travels and events attended During the Council meeting in Barcelona, I reported on the activities I carried out from the date of the relevant report at that time (March 31, 2016) to the date of the Council meeting (May 28, 2016), including on the Group Member Summit (London, May 24). From June 15 to 17, I attended the first-ever IBA ECA Forum conference in Kiev. The conference was a continuation of an event formerly called the CIS Local Counsel Forum, which has been integrated into the IBA to strengthen the IBA’s activities in the post-Soviet space. Even though, due to political friction between Russia and Ukraine and the resulting travel problems, the event was lacking in delegates from Russia, it was relatively well attended and attracted the attention of the local media. From June 27 to 28, I opened the Balkan Legal Forum conference held in Vienna. On July 7 and 8, the IBA hosted an annual meeting among the leadership of ABA, CCBA, IBA and UIA (nicknamed L4). I took part in the meeting together with David Rivkin and Mark Ellis. Other activities I participated in two of the Taskforces (TF) established by the IBA President: the TF on the Independence of the Legal Profession, and the TF on Judicial Integrity. In June, a new taskforce commenced its work under my leadership: it is a combined taskforce of the OECD and IBA and should deal with the changes, if any, to be introduced to the professional standards which apply to the legal profession following the publication of the Panama Papers. In July, I held the first conference call on the new taskforce I want to establish at the very beginning of my presidency, which aims at establishing globally applicable standards to law firm cybersecurity. Martin Solc 31 July 2016 42 c) IBA Secretary General In Barcelona I have attended the Bar Leaders’ Conference (May 25 – 26, 2016) and its social program. Once again the gathering was very successful and well attended and the sessions and panels were excellent. The leadership of the BIC is to be commended by the excellency of its works and the growing outreach of the commission. The amount of countries, cultures and jurisdictions represented in the BIC’s discussions increases every year and the quality of the work follows it. Also in Barcelona the IBA Risk committee met and discussed a good number of issues, raising points to be discussed in future meetings and eventually presented to the Management Board. I had the opportunity of representing the IBA in the Annual Conference of the IABA (Inter American Bar Association) in Miami (June 20-24, 2016). The conference was of great quality with excellent speakers. The Mayor of Miami held a very interesting and lively keynote speech during the opening session. A meeting of the many international organizations present (AIJA, UIA, ABA, Barreau de Paris, OECD, several Latin American bars) was organized and I had the opportunity of speaking about the work and the projects of the IBA. The presence of the IBA in the event was highly appreciated and repeatedly announced. I took part in the works and conference calls of the Task Force on the Independence of the Legal Profession. Together with Fernando Pelaez, Becca Verhagen, Claudio Visco and the São Paulo office staff, we had preparatory meetings for the next Latin American Bar Leaders’ Summit to be held in Buenos Aires after the next conference of the LARF and it was established that there will be a meeting of the bar leaders present in Washington to discuss the format and the subject matters of the summit. An article written by me on the work of the IBA and the IBAHRI will be published in the next edition of the CAASP magazine of the São Paulo Bar, distributed to all almost 400.000 lawyers of the state. (http://www.caasp.org.br/revista-da-caasp.asp). On August 12-15, 2016 I will represent the IBA in the 29TH LAWASIA Conference (LAWASIA’S GOLDEN JUBILEE) in Colombo, Sri Lanka. (http://www.lawasia2016.org/) Horacio Bernardes-Neto 28 July 2016 43 5.a TREASURER'S REPORT TO THE COUNCIL IN WASHINGTON 1. Draft results for the 6 months ended 30 June 2016 INCOME Unaudited draft results for the six months ended 30 June 2016 showed a deficit of £71k compared to a deficit of £394k for the same period in 2015. The results for the six months included a contribution of £236,629 from bank and investment income. An additional surplus of £486k has not been booked, only annotated on the accounts and relates to a revaluation of the dollar investments managed by Alliance Bernstein following the significant devaluation of sterling post Brexit. Receipts from membership subscription income were broadly flat, year on year, albeit individual membership was marginally ahead of 2015 whereas group membership marginally down. The contribution from seminar income has been calculated on a prudent basis and only includes those seminars in the first half-year that have been fully reconciled. In 2015 an estimate was included for all seminars through 30 June which accounts for the shortfall year on year. However, seminars have thrived with notable successes in Paris (M&A), London (Private Investment of Funds), Mexico City (Employment & Discrimination Law), New York (M&A), Rio de Janeiro (Biennial Latin America Regional Forum) and Shanghai (Arbitration Day). Admin, recoveries and other income totaling £105,818 includes £67,955 of unapplied funds sitting on the balance sheet of the IBA at 31 December 2015 which were transferred to HRI at the beginning of 2016. The permanent reserve of £8m was fully invested by Sarasin (£4m) and Alliance Bernstein (£4m) during the first six months of 2016. The performance of both fund managers will be reviewed by the Investment Committee during the second half of 2016. EXPENDITURE LONDON OFFICE Although a saving in employment costs is shown against budget this is principally due to the booking of the annual bonus award which will be made in the second half, albeit there should be a saving versus budget for the full year. 1 44 The category of rent, rates and insurance is ahead of budget for the six months, however, for the full year it is anticipated that this cost will come in line with budget assuming a satisfactory outcome to the negotiated rent review. The overrun on computer facility costs is a timing issue and no overrun of budget for the full year is anticipated. As with previous years, communication and stationery costs benefited from reallocation to seminars, actively managed by the accounts staff. OTHER EXPENDITURE Credit card charges for the first half are significantly ahead of 2015. However, it has been previous policy to allocate credit card charges that relate to the annual conference to that conference. This cost has not yet been reallocated and will be reviewed and booked in the second half. Discussions with providers are taking place over the level of charges and it is hoped that a lower tariff will be agreed for 2017. The costs of running the Asia Pacific office are 9% over budget due to the strength of the Brazilian Real compared to Sterling in the first six months of the year. As with previous years, committee and fora expenses were significantly underspent. Materially all other costs remained within budget. Following an exercise to reconcile all outstanding and current projects within the Special Projects Fund and SPPI/BIC/HRI Activity Fund, accrued expenses were reversed and the resultant credit recognized. 2. Washington Conference The first registration report for the Annual Conference showed 3,962 payers, (now 4,268) comparably some 9% ahead of Vienna, 15% ahead of Tokyo and 5% ahead of Boston. Jon Grouf IBA Treasurer 2nd August 2016 2 45 I B A Management Accounts As at 30 June 2016 2016 Allocauonct 1ncomo and 8Xoondlture INCOME Subscriptions Bar Associations Individual members HRI Corporate Membership Group membership Income from publications Conference contribution Seminar contributions Bank and inveslment income LLM Gran I income Admin. Recoveries & olher income Total income 2016 Budget 30.06.16 30.06, 16 2016 Full year Budget E 2016 as% of years budget E 43.0% 44.1% 43.1% 75.0% 44.1% 55.9% -4.9% 99.4% 89.3% 51,565 1,191,594 101,335 11,250 539,663 40,997 (134,500) 1,288,284 236,629 0 495,596 105 818 3 , 928,232 60,000 1,350,000 117,500 7,500 612,500 36,663 0 1,180,371 132,500 0 473,500 37,500 4.008,034 120,000 2,700,000 235,000 15,000 1,225,000 73,325 2,750,000 1,296,000 265,000 0 947,000 75 000 9 ,701,325 52.3% 141.1% 40.5% 1,496,632 505,230 9,552 202,150 (15,425) 35,750 7,326 0 0 2 ,241,215 1,705,647 470,831 29.109 180.433 9,975 41,000 5,000 0 0 21441,994 3,411,294 941,662 58,217 360,866 19,950 82,000 10,000 43 9% 53.7% 16.4% 56.0% -77.3% 43 6% 73 3% 4,883,989 45.9% 215,128 41,905 129,247 26,518 144,266 0 84,608 56,433 77,083 25,375 0 461,153 224,143 102,488 56,125 144,399 62,267 12,782 0 0 0 99,906 264,454 48,800 337,470 29,194 251,064 37,500 103,000 118,750 100,000 25,750 0 498,500 123.525 94,000 67 .500 142,500 81,751 15,000 0 0 12,500 (150.7241 1, 963,826 2,200,534 528,908 97,600 674,939 58,388 502,128 75,000 206,000 237,500 200,000 51,500 0 997,000 247,050 188,000 135,000 285,000 163,501 30,000 0 0 25,000 (301 447) 0 4.401.067 Tolal costs 4,205,041 4,642,528 Nel income before exchange dif. Net exchange differences Net income after exchange dif. (276,808) !J1.368) (308,176) (138.404) 1 2 3 EXPENDITURE London omce: Employmenl cosls (nel of grant, seminar and conference recharges) Rani & Rales + Insurance Communication costs Computer facility Statlone,v. general prinling nel of pholocopying recharging Audit, legal, lax & olher prof. fees General expenses Charilable donations lo HRI Trusl Corporalion Tax Total London office costs 0 Cost of publications Council expenses Commillee & Fora expenses Management board expenses omcers' expenses President's Party Marketing, PR Membership administralion Website & database Interns & George Seward Intern fund LLM HRI activilies Creditcard, bank and other charges Lalin American office Asia Pacific office Nor1h American office The Hague office EU Consuliancy Fixed Asset disposal Book debl correction On-line Special Projecl Trnsfr lo(from) HR! reserve fund Trnsfr to(from) between reserves Activities costs EXCESS(DEFICIT) OF INCOME 4 E t 53,207 1,172,539 105,277 0 567,224 54,625 (76,090i 1,732,922 27,616 12,000 465,863 120,000 2,700,000 235,000 0 1,150,000 108,000 2,550,000 1,497,000 228,166 0 1,255,442 4,154.485 9.918.608 1,511.772 334,838 3,075,021 786.429 55.022 315.910 19,950 87,000 10,000 0 0 4.349.332 39304 14 143) 141.053 (3,635) 37,556 3,897 0 0 2,021,338 75000 0 0 0.0% -33.1% 11351 830 (38 J63) 44.6% l.771,905 4,355.763 9,285,056 3 793 243 8 705115 361,242 (154.088) 416,269 0 416,269 !320.929! 40,313 1,213,493 0 1.213,493 (258,449) 22,630 (11,571) 4,500 256 4,184 1,440 0 250,000 100,000 75,000 9,000 7,500 25,000 25,000 25,000 500,000 200,000 150,000 18,000 15,000 50,000 50,000 50,000 -51.7% 11.3% .7 7% 25.0% 1.7% 8.4% 2.9% 0,0% 300,668 29,250 79,883 0 130 25.000 0 0 500,000 150,000 150,000 18,000 15,000 50,000 0 0 !71.IGGl 1670 588! (616.731! 11.5% J394,617,! 330,493 ,o, 4 2015 Full year Budget 527,508 88,380 574,528 51,806 464,173 0 230,500 224,000 100,000 42,000 0 1,305.442 147,050 188,000 133,000 286,000 140,000 0 0 0 30,000 i 176 ()04; 0 Association wide Investment: Special Projects Fund LPD Conference Contingency Fund SPPI/BIC/HRI Activity Fund SEERIL Scholarship Fund SPPI Projecls Fund £1m Project Post Bar Developmenl Fund Rapid Response Fund 0 2015 Actual to 30.06, 15 40.7% 42.9% 19.1% 45.4% 28.7% 45.3% 41,1% 23.8% 38.5% 49.3% 46.3% 90 7% 54.5% 41 6% 50 7% 381% 42 6% 237,569 60,068 142,168 32,761 144,259 0 73,295 102,291 68,692 20,586 12,000 478,391 153,414 81,408 55,844 132,032 15,695 0 (900) 0 • 0 0 • D 1) Conrorence-and seminars aro shc;>\'/Jl net of start recharges 2) lnvestmecnt Jncomo of £236.629 has been booked In me Orsi six months. An additional surplus of E486.000 has not been recognised as at 30 June relating to tile revaluatJon of the USS investments held by Amance Bernstein 3) lndudes £67,955 unapplled funds 1ransferrod to HRI 4) Foflowlng the rcconclllatlon or outstanding projects, accrued expe11ses have been reversed C:\Users\mike\AppData\Local\Microso�\Windows\Temporary Internet Fi1es\Content.Outlook\Q6YJA6US\l8A Man Accts Q2 2016 value Consolidated 46 7. MANAGEMENT BOARD Minutes of the Management Board Meeting – New York Saturday 27 February 1115–1500 President Vice-President Secretary-General David W Rivkin* (o) Martin Šolc* (o) Horacio Bernardes-Neto* (o) LPD Chair LPD Vice-Chair Almudena Arpón de Mendívil* (o) Jaime Carey *(o) IBA Treasurer/LPD Secretary-Treasurer Jon Grouf * (o) IBA Assistant Treasurer Peter Bartlett* (o) SPPI Chair SPPI Secretary-Treasurer Stephen Macliver* (o) Stephen Denyer* (o) LPD Representatives Michael Greene* Daniel Del Rio* Carola van den Bruinhorst* BIC Chair Margery Nicoll* (o) Bar Association Representatives James Klotz* Chunghwan Choi* HRI Co-Chair HRI Co-Chair Hans Corell* (o) Helena Kennedy QC Executive Director Mark Ellis * Voting member of the Management Board 47 Management Board Meeting Saturday 27 February 2016 1115–1500 The meeting was opened at 1120 1. Approval of minutes of the meeting in Vienna, 3 October 2015 APPROVED 2. Matters arising from Previous Minutes No matters arising. 3. Report from the president The President highlighted the visit to Myanmar. The creation of the Independent Lawyers’ Association of Myanmar took an incredible amount of hard work. This new independent lawyers’ association is going to serve a remarkable purpose in developing the new democratic society in Myanmar. Business and Human Rights The President mentioned that the Working Group has made a lot of revisions to the practical guide. Based on prior comments, the guide has now been separated into two documents: a practical guide that provides the core information; and a reference annex that contains a lot of the detail that made up the prior version. 4. IBA finances a) Management Accounts to 31 December 2015 Jon Grouf reported that 2015 was a strong year; the IBA had a surplus of £2.55m. APPROVED b) Draft 2016 Budget The operating budget has a surplus of £416,000 for 2016. APPROVED c) Update on Investment of Reserves Mike Dolby reported that the funds were moved across to Sarasin at the end of September and to Alliance Bernstein at the end of December. 5. Vienna survey and feedback Tim Hughes reported on the survey. The overall verdict from Vienna was positive. 6. Conference fees for Washington DC Mark Ellis outlined the proposed conference fee for Washington: US$2,525. There is a significant increase in the fixed overheads as Washington is a more expensive place to operate. The board approved with one abstention US $2,525 as the conference fee figure for Washington 7. Report on Rome 2018 issue Martin Šolc along with Tim Hughes and Mark Ellis reported that due diligence is being done on Rome. Martin continued to say that he is satisfied that the financial issue has been resolved. 48 8. 2020 Annual Conference update Mark Ellis reported that Vancouver, Miami, Atlanta and Toronto are being assessed at the moment; there will be visits to all four cities between now and the Mid-Year Meeting in May. 9. Electronic voting The President reported that the draft amendments to the constitution have been worked on by our constitution and nominations committees. The essential changes that are being made require that a membership organisation can only give a proxy to another member organisation and that each member organisation can only receive two proxies. The President then spoke about the proposed changes in relation to electronic voting. If there are more than three candidates and no one receives a majority vote, there will only be one additional round. The President suggests moving the timings so the candidates for any of the officer positions submit their nomination forms before the annual conference in the first year. The Nominations Committee will conduct interviews at the Annual Conference and then issue its recommendations. If there is a contest, then those candidates can appear at the Mid-Year Meeting to address the Council and then proceed with one or two rounds of votes between then and the annual conference of the second year. 10. Update on Risk Committee Horacio pointed out the Conflict of Interest and Anti-Bribery Policies have been drafted. The Management Board would have to sign and adhere to this policy when they come on board. APPROVED 11. Report from the Executive Director Sandra Smith has joined us as Head of Accounts. She replaced Glyn Davies who retired. She is doing an excellent job. Mark Ellis reviewed the proposal on the restructuring of the IBA Foundation. APPROVED 12. Reports from the IBA Divisions a) Legal Practice Division Almudena Arpón de Mendívil said there has been a significant effort dedicated to evaluating the position of the LPD, the activities it is undertaking and the approach being followed in order to make sure the LPD connects with its members. b) Section on Public and Professional Interest Stephen Macliver characterised 2015 as one of renewal and reinvigoration for the SPPI. Together with Stephen Denyer, he has spent a lot of time working with each of the committees of the SPPI to ensure appropriate Officer appointments, that proper succession is in place and an elevated level of contribution to the work of the SPPI undertaken. 13. Human Rights Institute report The President is happy to propose Mervat Rishmawi to take up the vacancy on the HRI Council. This was approved by the Management Board. 14. BIC report Margery Nicoll mentioned the summits – or roundtables - as new initiatives taking place which will 49 be used to engage with bars that do not have a strong connection with the IBA for the purpose of talking to them about what they can gain from membership of the IBA, and to gain a better understanding of what, in turn, they do. 15. Any other business a) Venue and date for early 2017 Management Board Meeting Martin Šolc would like to hold the 2018 February meeting in Prague. He welcomes suggestions offline for 2017. b) Discussion on the Rule of Law Day The board were unanimous about not moving the Rule of Law Day to an earlier time in the week. c) Chartered Surveyors – Rent Reviews Mike Dolby reported that in our upcoming rent review, we hope to agree a rental of around £60 a square foot. d) Third party entities at IBA Annual Conference Stephen Denyer outlined the proposal which has two aims. One is to stop fringe participants with no substantial connection with the IBA from gaining easy access to our delegate information and secondly, to those who are intimately involved (group member firms, committees and bars) in return for getting that information, they sign an agreement which would effectively ensure they weren’t competing with the IBA for attendance. Stephen Denyer confirmed that this proposal would start with Washington. The meeting was closed at 1602. 50 8. Amendments to the IBA Constitution and By-Laws a. Resolution A) On 28 May 2016 the Discussion Paper “BIC Proposal Regarding Bar Representation on Management Board” (the “BIC Discussion Paper”) attached hereto as Exhibit ./1 was approved by the Association’s Council at its Barcelona Meeting. B) The Resolutions proposed below implement the proposals of the BIC Discussion Paper, including the transitory provisions which shall be in force from 1 January 2017 to 31 December 2022. C) Accordingly the Council is requested to adopt the following Resolution 1. Subject to the transitory provisions set out in 3. below and effective 1 January 2017, the Constitution of the International Bar Association, the Bylaws of the Bar Issues Commission of the International Bar Association and the International Bar Association By-Laws governing the Constitution and Procedure of the Nominations Committee and Rules of Procedure for the Election of IBA Officers are amended to read as attached hereto as Exhibits ./2, ./3 and ./4 which show the changes to the versions in force at present. 2. The International Bar Association Rules for Election of two Member Organisation Representatives to the Management Board and the Nominations Committee Rules and Procedures to govern the Nominations and Election of Officers of the Bar Issues Commission (“BIC”) at the Conference in Auckland on September 2004 attached hereto as Exhibits ./5 and ./6 are repealed effective 31 December 2016. 3. In view of the above and of the fact that no nomination for a Councillor from Member Organisations to serve as a voting member of the Association’s Management Board as from 1 January 2017 has been made, the following shall apply during the period 1 January 2017 to 31 December 2018: 1/2 7797.26932.3468023v1 51 3.1. Chunghwan Choi, having been elected as a Councillor from Member Organisations in accordance with Article 4.12 and 5.5 of the Constitution of the International Bar Association for a fouryear term ending 31 December 2018 shall remain a voting member of the Association’s Management Board for the remainder of such term. 3.2. Margery Nicoll, Immediate Past Chair of the Bar Issues Commission as from 1 January 2017 to 31 December 2018 shall serve as voting member of the Association’s Management Board for the period from 1 January 2017 to 31 December 2020. 3.3. Claudio Visco, incoming Chair of the Bar Issues Commission, as from 1 January 2017, shall serve as voting member of the Association’s Management Board in his capacity as Chair of the BIC from 1 January 2017 to 31 December 2018 and as Immediate Past Chair of the BIC for a four-year term (rather than for a two year term) starting from 1 January 2019 and ending on 31 December 2022. 3.4. During the period from 1 January 2017 to 31 December 2022 the respective Senior Vice-Chair of the Bar Issues Commission shall serve as a non-voting member of the Association’s Management Board. 2/2 7797.26932.3468023v1 52 8.b BIC Proposal Regarding Bar Representation on Management Board (Exhibit ./1) April 2016 Discussion Paper AS AT 04/04/2016 Proposal To formalise and institutionalise the representation of the BIC on the Management Board through amendment to the definition of ‘Officer’ and appointment of the BIC Immediate Past Chair to the Management Board in place of the Member Organisation appointed Councillors. 1. The BIC’s position within the IBA The last major reorganisation and constitutional change within the International Bar Association (IBA) was implemented in 2013. One of the effects of this change was that the BIC became a stand alone entity and also, with the Section on Public and Professional Interest (SPPI) and the IBA’s Human Rights Institute (IBAHRI), an equal member of the IBA’s Public and Professional Interest Division (PPID). The IBA is grouped into two divisions; the Legal Practice Division (LPD) and the PPID. Representatives from the LPD, the SPPI, the IBAHRI and the BIC all sit on the IBA’s Management Board. The difference in representation amongst the various entities is historical and reflects the recognition of each entity’s position within the IBA. 2. Developments within the BIC The BIC has used its new status as a separate entity to develop itself significantly and to dedicate itself to serving the interests of the Member Organisations.. This has been done through the following initiatives: • Raising awareness amongst Member Organisations by launching new initiatives amongst them and by establishing specific cooperation with certain Member Organisations in order to assist them in achieving their goals; • Developing relationships with certain regions and delegated speakers, and making presentations on the regional fora conferences; • Becoming the home and driver of the Programme for Excellence; • Organising the annual Bar Leaders’ Conference; • Constantly working on numerous projects which have led to important IBA policies and IBA Policy Guidelines in various subjects relevant to Member Organisations; 1 1 These include the IBA Business and Human Rights Guidance for Bar Associations; the IBA International Principles on Social Media Conduct for the Legal Profession; International Principles on Conduct for the Legal 53 • Facilitating the BIC Policy Committee to become a ‘think-tank’ for the Council. With the development of the BIC, Member Organisations now raise their own issues with the BIC officers either openly at the BIC Open Forum or, more often, directly with the BIC senior officers. When mediation is necessary between two Member Organisations, the BIC senior officers are asked to assist. When intervention is necessary to assist the whole profession in a particular country, such as the successful Serbian Mission, the BIC officers are often requested to represent the whole IBA. Member Organisations have asked the BIC to assist them in solving issues regarding specific events, such as the request from the European Forum to assist Russian lawyers to participate at the IBA ECA conference to be held in Kiev in Ukraine. Here, the BIC senior officers obtained a commitment from the Ukrainian National Bar Association to provide whatever help was necessary for Russian lawyers to be allowed to participate at the conference. The BIC has become, in many instances, the direct representative of the Bar Associations and Law Societies of Member Organisations within the IBA, demonstrating how necessary its role has become to Member Organisations. 3. Attendees at Management Board Meetings Under the IBA Constitution 2 Article 5.5, the members of the Management Board are designated to be: 5.5.1 the Officers; 3 5.5.2 the Chair of the HRI; 5.5.3 two Councillors from Member Organisations elected in accordance with Article 4.12; 5.5.4 three persons elected by the council of the LPD; and 5.5.5 as a non-voting member, the Executive Director. This translates to the following persons attending the Management Board meetings: • IBA President • IBA Vice-President • IBA Secretary General • LPD Chair • LPD Vice-Chair • LPD Secretary Treasurer / IBA Treasurer • LPD Assistant Treasurer / IBA Assistant Treasurer • Persons elected by the Council of the LPD (3) • SPPI Chair • SPPI Secretary Treasurer • BIC Chair • Councillors from Member Organisations (2) • HRI Co-Chairs (one voting) Profession; IBA Guide for Establishing and Maintaining Complaints and Discipline Procedures; IBA Policy Guidelines for Training and Education of the Legal Profession Part 1 and Part 2. 2 As of January 2013. 3 Under Article 2.22, ‘Officer’ means any of the President, Vice-President, Secretary-General, Treasurer and Assistant Treasurer, the Chair of the BIC, and the two most senior officers of each of the LPD (Chair and ViceChair) and SPPI (Chair and Secretary-Treasurer. -254 • • Executive Director (non-voting) Deputy Executive Director (non-voting) 3.1 The BIC’s Representation on the Management Board Under this construction of the Constitution, the BIC is represented by the BIC Chair alone. Historically, the two Councillors from Member Organisations have been voted to the Management Board based on a time preceding the existence of the BIC, let alone its significant development. There has been a perception that these two Councillors are also representatives of the BIC, when in fact the Councillors operate quite independently from the BIC. In some instances, the elected Councillors have had no connection with the BIC, nor are familiar with its work and direction. The only contact between the BIC and the Councillors occurs twice per annum when the two Councillors report objectively on the outcomes of the Management Board at the BIC Open Forum. 3.2 Representation of Other Sections and Division The LPD is represented by: • LPD Chair • LPD Vice-Chair • LPD Secretary Treasure / IBA Treasurer • LPD Assistant Treasurer / IBA Assistant Treasurer • Three representatives elected by the LPD Council. They are all voting members. The SPPI is represented by: • SPPI Chair • SPPI Secretary / Treasurer They are both voting members. The HRI is represented by: • Two HRI Co-Chairs. One member votes, the other attends only. 4. Analysis The BIC would appear to be underrepresented on the Management Board in that it has only one officer participating and attending, unlike the other Sections and Division. The system of appointing two Councillors instead of the BIC senior officers is no longer necessary in light of the development of the BIC fulfilling its intended role to become the representative of the Member Organisations. The two Councillors to the Management Board elected from Member Organisations should not be considered as representing the BIC because they may, or may not, participate in the work of the BIC either in the past or the present. However, it has become a tradition that the outgoing BIC Chair be voted and appointed as one of the Councillors, save for the situation when the outgoing Chair may run for an IBA officer position. The Councillors elected outside of the BIC may, or may not, be aware of the activities, projects and plans of the BIC. As of 1st January 2015, the BIC increased the number of BIC Officers from five to ten to match increased demands for managing the BIC and to reflect its growth and contribution to the IBA. -355 5. Proposal It is proposed to formalise and institutionalise the position of the BIC on the Management Board to more accurately reflect both its development, and its role. Consequently, the following is proposed: • • • The Immediate Past Chair of the BIC, building on his/her experience of the BIC following the position of Chair, become a member of the Management Board for a period of two years (apart from a transitory period outlined in Section 7 below) unless he/she chooses to run for an IBA position in which case the BIC Executive should appoint another appropriate BIC Officer in his/her stead; The current BIC Chair remain as a member of the IBA Management Board for a period of two years as an Officer; The Senior Vice-Chair of the BIC become a member of the IBA Management Board for a period of two years as an Officer. 6. Reasons for Putting Forward this Proposal • The BIC is considered as the IBA constituent representing the Bar Associations and Law Societies who are the Member Organisations of the IBA. • The Member Organisations expect a strong representation of the BIC within the Management Board when discussing issues which have been debated already within the BIC. • The need for separate representation by Councillors outside the BIC would no longer be necessary as the Member Organisations would already know, when electing the BIC senior officers, that these members would go on to be their representatives on the Management Board. • The Immediate Past Chair of the BIC is probably the most experienced BIC officer trusted already by the Member Organisations and his/her wisdom will be well used. • The Senior Vice-Chair is the “second in command” within the BIC and has important individual responsibilities which could be done significantly better if he/she is directly aware of the source of the policies and discussions regarding various policies which take place within the Management Board. This structure would also significantly help the handover from outgoing Chair to incoming Chair of the BIC. • The Senior Vice-Chair also serves as the Chair of the BIC Policy Committee. The Policy Committee has grown and developed in its important role as an advisor to the Council. It provides important feedback to the other Constituents regarding various proposals or policy issues affecting Bars, and helps to avoid detailed discussion and drafting during the Council meeting, making the work of the Council much more efficient. • Under this proposal, the voting structure would remain unchanged in that the total number of votes attributed to the BIC (either directly or indirectly) from the Member Organisations, together with the vote from the BIC, would remain at three votes. -456 7. Transitory steps The Management Board has not had an opportunity to discuss this proposal as of its submission to the Council agenda. The BIC nevertheless asks that this proposal be included in the Council agenda for discussion at the meeting in Barcelona. If the Council then agrees with the concept, the Constitution Committee will prepare the necessary amendments to the Constitution in time for them to be voted at the Council meeting in Washington. If that were to occur, no election of Councillors to the Management Board in Washington 2016 would be required, and the following would take place: • • • • • In 2017, Margery Nicoll, as Immediate Past Chair of the BIC, would become a member of the Management Board for four years; Claudio Visco, as incoming Chair of the BIC, would become a member for two years, and a member for four years as Immediate Past Chair after the expiration of his Chairmanship; 4 Péter Köves, as the Senior Vice-Chair of the BIC, would become a non-voting member of the IBA Management Board for two years, a voting member for two years as Chair and a voting member for a further two years as Immediate Past Chair.5 The current position of Representative Councillor, held by Chunghwan Choi, would continue unchanged. The number of votes ‘attributed’ to the BIC would be unaffected at three votes. If the Council decides in Barcelona that it does not wish to adopt this proposal at that time, the usual election of Councillors to the Management Board would be held in Washington. 8. Summary of Future Action Subject to the advice of the Constitution Committee, if the proposal is adopted, it is expected that the following changes to the Constitution would be required: • Amendment to the definition of ‘Officer’ in Article 2.22 of the IBA Constitution to include the Senior Vice Chair of the BIC, in addition to the Chair of the BIC. • Amendment to Article 5.5.3 with the effect of replacing the two Councillors elected by the Member Organisations with the Immediate Past Chair of the BIC as a member of the Management Board, as well as the consequent amendment of related Articles, including Article 4.12. In addition, approval of the transitory steps would be included in the Council decision approving the above amendments. 4 Only the Immediate Past Chairs Margery Nicoll and Claudio Visco would sit on the Management Board for a period of four years, ensuring that their overall membership of the Board would total six years. Future Immediate Past Presidents would sit for two years in recognition of their earlier entry onto the Board as Vice-Chair of the BIC. 5 Once the transitory period has elapsed, future Vice-Chairs will gain a voting right. -557 8.c IBA Constitution including draft changes (Exhibit ./2) Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Contents Article 9 Page 1 Name and Objects ......................................................................................... ...1 2 Definitions ....................................................................................................... 2 3 Membership ..................................................................................................... 4 4 The Council...................................................................................................... 9 5 Management Board ........................................................................................ 15 6 Constituents ................................................................................................... 17 7 Officers .......................................................................................................... 18 8 Nominations Committee ................................................................................ 21 Honorary Appointments and Awards of Certificates of Outstanding Achievement 10 Indemnification and Defence of Officers..................................................... 23 11 By-Laws ....................................................................................................... 25 12 Amendment to the Constitution ................................................................... 26 13 Dissolution ................................................................................................... 26 22 International Bar Association 10th Floor, 1 Stephen Street London W1T 1AT, England Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 www.ibanet.org 58 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 CONSTITUTION OF THE INTERNATIONAL BAR ASSOCIATION Article 1 Name and Objects The name of the corporation is the International Bar Association (hereinafter, the “Association”). Its objects are: 1.1 to establish and maintain relations and exchanges between Bar Associations and Law Societies and their members throughout the world. 1.2 to assist such Associations and Societies and Members of the Legal Profession throughout the world to develop and improve the profession’s organisation and status. 1.3 to assist Members of the Legal Profession throughout the world, whether in the field of legal education or otherwise, to develop and improve their legal services to the public. 1.4 to advance the science of jurisprudence in all its phases. 1.5 by common study of practical problems to promote uniformity and definition in appropriate fields of law. 1.6 to promote the administration of justice under the rule of law among the peoples of the world. 1.7 to promote in the execution of these objects the principles and aims of the United Nations in their legal aspects and to cooperate with, and promote coordination among, international juridical organisations having similar purposes. The Association may take all action that it deems appropriate in the pursuit of its objects. In pursuit of such objects, the Association has the capacity to represent and stand and intervene in judicial, administrative, arbitral and other proceedings. The Constituents do not have the aforesaid capacity; however, in a given proceeding the Association may authorize a Constituent to act in the Association’s behalf. The Association is a non-political organisation and as such shall not entertain any matter which is political in character. 1 59 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Article 2 Definitions In this Constitution:2.1 ‘Associate Organisation’ means an organisation of Members of the Legal Profession which is not created and does not exist primarily for the purpose of exercising and conducting their profession. 2.2 ‘Bar Issues Commission’ or ‘BIC’ means the commission established by that name pursuant to 0Article 6 2.3 ‘Constituents’ mean, collectively, the LPD, PPID, SPPI, BIC and HRI; and ‘Constituent’ means any one of the Constituents, as applicable. 2.4 ‘Council’ means the Council of the Association established pursuant to 0Article 4. 2.5 ‘Councillor’ means a member of the Council. 2.6 ‘Country’ means a territory: 2.6.1 which is defined by internationally recognised boundaries, within which a community is permanently established for a political end, independently of external control and usually constituting a nation; 2.6.2 or which, while lacking one or more of, but not all, the characteristics specified in Article 2.6.1, is 2.6.2.1 governed under one system of law by one supreme authority; or is, 2.6.2.2 by reason of its history and tradition, generally regarded as a separate country. 2.7 ‘Credentials Committee’ means the committee by such name established to provide opinion as to the eligibility of an applicant as a Member Organisation. 2.8 ‘Division’ means the Legal Practice Division (LPD) and / or the Public and Professional Interest Division (PPID). 2.9 ‘Executive Director’ means the Executive Director of the Association. 2.10 ‘Federation’ means an organisation whose members principally comprise other organisations of Members of the Legal Profession and includes but is not limited to any such organisation whose members include a National Organisation and/or regional organisation and/or which is itself a National Organisation. 2.11 ‘Full Member Organisation’ means a National Organisation or other organisation of Members of the Legal Profession (whether a Bar Association, Law Society or other organisation representative of the Members of the Legal Profession or federation of any of those organisations) which is admitted as a Full Member Organisation pursuant to Article 3.1. 2 60 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 2.12 ‘Human Rights Institute’ or ‘HRI’ means the institute established by that name pursuant to 0Article 6. 2.13 ‘Individual Member’ means a member of the Association who is admitted as an Individual Member pursuant to Article 3. 2.14 ‘Judges’ Forum’ means the committee of the SPPI by such name comprised of judges and former judges. 2.15 ‘Legal Practice Division’ or ‘LPD’ means the Division established by that name pursuant to 0Article 6. 2.16 ‘Member Organisation’ means a Full Member Organisation or a Sustaining Member Organisation. 2.17 ‘Management Board’ means the Management Board established by that name pursuant to 0Article 5. 2.18 ‘Members of the Legal Profession’ means practitioners of the law, including, but without limiting the generality of the foregoing, attorneys, counsellors, solicitors, barristers, advocates, members of the judiciary, professors of law and other persons versed in the law. 2.19 ‘Member’ means and includes a Full Member Organisation, a Sustaining Member Organisation and an Individual Member. 2.20 ‘National Organisation’ means any Federation or other organisation of Members of the Legal Profession or of a branch of the legal profession co-extensive in territorial scope with any Country which can, in the opinion of the Council, reasonably claim to be substantially representative in that Country of the members of the profession or of the branch concerned, as the case may be. 2.21 ‘Nominations Committee’ means the committee established pursuant to 0Article 8. 2.22 ‘Officer’ means any of the President, Vice-President, Secretary-General, Treasurer and Assistant Treasurer, the Chair and the Senior Vice-Chair of the BIC, and the two most senior officers of each of the LPD (Chair and Vice-Chair) and SPPI (Chair and Secretary-Treasurer). 2.222.23 “Other BIC Officers” means such officers of the BIC as are not Officers of the Association. 2.232.24 ‘‘Public and Professional Interest Division’ or ‘PPID’ means the Division established by that name pursuant to 0Article 6. 2.242.25 ‘Regional Forum’ means a forum established by the LPD pursuant to Article 6.9 focused on the definition and execution of the strategies for the development and support of the activities of the Association within the geographical region of such forum. 2.252.26 ‘Representative Councillor’ means a Councillor appointed as such from time to time by a Member Organisation pursuant to Article 4.3.5. 2.262.27 ‘Reserved Matter’ means any of the following: 3 61 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 any decision relating principally to the finances of the Association other than matters affecting the dues payable by Member Organisations (the decision of the Chair of the meeting as to whether a matter does so relate being final and binding); 2.26.12.27.1 any resolution to amend 0 (other than Article 6.6) or to adopt or amend any bylaws governing a Division adopted pursuant to 0; and 2.26.22.27.2 any resolution to amend this Article 2.262.25 or any of Articles 0 to 0 (inclusive), 5.5.1 to 5.5.3 (inclusive), 5.10, 5.11, 7.1, 7.3 or 7.4. 2.26.32.27.3 2.272.28 ‘Rules of Procedure for the Election of Officers’ means the rules of procedure for the election of Officers of the Association adopted from time to time by the Council pursuant to 0Article 11. 2.282.29 ‘Section on Public and Professional Interest’ or ‘SPPI’ means the section established by that name pursuant to 0Article 6. 2.292.30 ‘Sustaining Member Organisation’ means an organisation of Members of the Legal Profession which is not a Full Member Organisation and which is admitted as a Sustaining Member Organisation pursuant to Article 3.2 read with Article 3.1. 2.302.31 Except where the context otherwise requires, ‘Year’ means a calendar year; the singular shall include the plural; the masculine the feminine, and vice versa; and ‘including’ shall not be construed as being by way of limitation. Article 3 Membership Eligibility for Organisational Membership 3.1 Any National Organisation shall, subject to Article 3.8, be eligible to become a Full Member Organisation. 3.2 Any Federation or other organisation of Members of the Legal Profession which: 3.2.1 is not a National Organisation, or 3.2.2 although being a National Organisation, has been declined admission as a Full Member Organisation in terms of Article 3.8, or 3.2.3 is a Federation (but not a National Organisation or an Associate Organisation), shall be eligible to become a Sustaining Member Organisation subject in the case of Articles 3.2.1 and 3.2.2 to written approval of all National Organisations, if any, in the country concerned which are admitted as Full Member Organisations. 3.3 Any organisation which was admitted to full organisational membership prior to 1 September 1986 shall continue as a Full Member Organisation even if it is no longer a National Organisation. 4 62 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 3.4 Any organisation, association, partnership, corporation or grouping of Members of the Legal Profession created primarily but not necessarily exclusively for the purpose of exercising and conducting their profession shall not be eligible to become a Member Organisation. Admission as a Member Organisation 3.5 Any organisation wishing to apply for admission as a Member Organisation shall make application to the Association in writing accompanied by: 3.5.1 A copy of its Constitution or other rules and a summary of the background, history and objectives of the applicant; 3.5.2 the names, addresses, telephone and fax numbers and e-mail addresses (if any) of its president, senior officer and other officers; 3.5.3 a certificate signed by an officer of the applicant stating the number of the applicant’s own members; and 3.5.4 payment of the annual dues for the then current year. 3.6 The Council may require any additional information necessary to judge the qualifications of the applicant for membership. 3.7 As soon as practicable particulars of the application shall be furnished to all Full Member Organisations (if any) in the country or countries in which the applicant or (in the case of a Federation) any of its members are located and their views sought within a reasonable specified time limit as to the qualifications of the applicant with respect to membership. 3.8 Should there be, in the opinion of the Council, in any one country more than one National Organisation with competing claims to represent in that country the interests as a whole of the Members of the Legal Profession or of the branch of the profession concerned, as the case may be, the Council may decline to admit to membership as a Full Member Organisation an applicant from that country whose claim is, in the opinion of the Council, inferior to that of a competing organisation in that country, whether or not the competing organisation has already been admitted as a Full Member Organisation. 3.9 Particulars of every such application (accompanied by a summary of any views expressed pursuant to the preceding paragraph) shall be provided to Councillors as part of the agenda for the meeting of the Council at which such application is to be considered. Where the application is for admission as a Full Member Organisation, the particulars shall include an opinion as to the eligibility of the applicant for such membership, such opinion to be given by the Credentials Committee. 3.10 An applicant shall be admitted to membership if such application is approved by the affirmative vote of not less than two-thirds of the members of the Council entitled to vote present in person or by proxy and voting at a meeting of the Council. 3.11 An applicant for admission as a Full Member Organisation whose application has been rejected shall not thereby be debarred from applying again if it is able to bring evidence of changed circumstances or new facts which would, in the opinion of the Credentials Committee, justify a new application. 5 63 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Admission to Individual Membership 3.12 3.13 Any Member of the Legal Profession may make a written application to become an Individual Member and in such category or categories as shall be determined by the Management Board and in such form as the Management Board may from time to time approve, to the Association accompanied by payment of the dues for the then current year. 3.12.1 Any applicant to become an Individual Member shall, on application certify the grounds on which the applicant claims to be entitled to admission to membership. 3.12.2 Evidence as to the entitlement of a person to become or remain an Individual Member may be sought from any Member Organisation in the country of the applicant, from the applicant or Individual Member, or such other body or person as the Management Board may deem appropriate. If in the opinion of the Management Board the applicant or Individual Member is not qualified to be an Individual Member, the applicant or Individual Member shall be notified in writing of the Management Board’s decision. The applicant or Individual Member shall be entitled to appeal against the decision within 28 days of the date on which the decision is issued to the applicant or Individual Member. Any such appeal shall be sent in writing to the Secretary General. 3.13.1 The appeal of an applicant or an Individual Member against the decision of the Management Board shall be heard by a three-person tribunal. The Chairman of the Tribunal shall be a member of the Judges’ Forum selected by the Chairman of the Judges’ Forum or in the event of the Chairman being unwilling or unable to act by the senior Vice-Chairman of the Forum. The other two members of the Tribunal shall be selected by the Chairman of the Tribunal from a panel of persons appointed by the Council. The applicant or Individual Member shall be entitled to submit written evidence in support of the appeal within 21 days of the submission of the appeal. The Tribunal shall consider the appeal and any evidence or submissions presented by the applicant or Individual Member and any evidence or submissions which the Secretary General may present in writing to it within 180 days of receipt of the appeal by the Secretary General. The applicant or Individual Member shall not be entitled to require an oral hearing. The decision of the Tribunal shall be final. Annual Dues 3.14 Subject to Article 3.15, each Member Organisation whose own members are individuals shall pay such annual dues, calculated by reference to the number of its own members, in such manner and at such times as shall be determined by the Council. 3.15 In the case of each Federation or Associate Organisation, the Management Board shall from time to time propose a single annual fee which shall, if approved by the Council, be payable by that particular Federation or Associate Organisation, but no such proposal or approval shall confer upon any other Federation or Associate Organisation the right to pay the same or any similar fee or in any other respect to be treated in an equivalent manner, but each such annual fee may be proposed by the Management Board and approved by the Council on whatever basis and according to whatever principles, however inconsistent, as each may think fit. 3.16 Each Individual Member shall pay such annual dues in such manner and at such time as shall be fixed by the Management Board in accordance with Article 5.3.2. 6 64 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 3.17 The Council may in exceptional circumstances waive in whole or in part the dues payable by any Member Organisation. 3.18 Dues shall be payable in such currency or currencies as the Management Board (subject to any direction by the Council) may specify provided that if payment shall not be possible in the specified currency or currencies by reason of exchange control or similar regulations, payment may be made in such other currency as the Treasurer may approve. Cessation of Membership 3.19 Resignation A Member may resign at any time by giving notice in writing to the Association 3.20 Suspension or Expulsion 3.20.1 Any Member Organisation may be suspended or expelled: 3.20.1.1 By the Council on receiving a report from the Credentials Committee recommending suspension or expulsion of that Member Organisation; or 3.20.1.2 By the Council for non-payment of any sum due to the Association which is three years in arrears. 3.20.1.3. On receiving a complaint that a Member Organisation is no longer entitled to remain a Member Organisation, the Secretary General shall send details of the complaint to the Chairman of the Credentials Committee. The Chairman of the Credentials Committee shall send details of the complaint to the Member Organisation and shall afford the Member Organisation an opportunity to reply in writing to the complaint. Such reply must reach the Chairman of the Credentials Committee within 28 days of the notification of the complaint to the Member Organisation. The Credentials Committee shall afford the Member Organisation, and the person or organisation which made the complaint (the “Complainant”) an opportunity of an oral hearing into the matter at the next convenient meeting of the Credentials Committee. Both the Member Organisation and the Complainant shall be entitled to present evidence and make submissions in the matter to the Credentials Committee After the Credentials Committee has completed its consideration of the evidence and submissions made to it at the oral hearing it shall either dismiss the complaint or make a report to the Council recommending the suspension or expulsion of the Member Organisation. The Member Organisation shall be entitled to appear at the meeting of the Council at which the report of the Credentials Committee is tabled and make representations to the Council as to why the proposed suspension or expulsion should not be implemented. No further evidence shall be heard by the Council, but if the Council is satisfied that fresh material evidence has become available since the hearing before the Credentials Committee, it may direct the Credentials Committee to re-open the oral hearing in order to consider such fresh evidence. The Credentials Committee shall consider such further evidence together with any rebutting evidence which the Complainant may wish to adduce at the next convenient meeting of the 7 65 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Credentials Committee at which meeting the Complainant and the Member Organisation shall be entitled to make further submissions. Following its consideration of such evidence and the submissions made to it, the Credential Committee shall either dismiss the complaint or present a further report to the Council recommending the suspension or expulsion of the Member Organisation. 3.20.2 Any Individual Member may be suspended or expelled: 3.20.2.1 At the direction of the Secretary-General for non-payment of any sum due to the Association; or 3.20.2.2 By a decision of the Professional Conduct Subcommittee on the grounds of conduct occurring (either before or after becoming an Individual Member) which is or was professional misconduct or conduct unbecoming of an Individual Member. On receiving a complaint that an Individual Member has been guilty of professional misconduct or conduct unbecoming of an Individual Member the Secretary General shall send details of the complaint to the Chair(s) of the Professional Ethics Committee of the SPPI. The Chair(s) of the Professional Ethics Committee shall thereafter promptly form a sub-committee (the “Professional Conduct Subcommittee”) composed of such Chair(s) and three additional members of the Professional Ethics Committee chosen by such Chair(s) for the purpose of considering such complaint. The Professional Conduct Subcommittee shall afford the Individual Member an opportunity to reply in writing to the complaint. Such response must reach the Chair(s) of the Professional Ethics Committee within 28 days of the sending of the notification of the complaint to such Individual Member. If, on consideration of the Individual Member’s response, and any other materials the Professional Conduct Subcommittee may consider to be relevant, the Professional Conduct Subcommittee is satisfied that the complaint is justified, the Professional Conduct Subcommittee may suspend or expel the Individual Member from membership in the Association. The Individual Member shall not be entitled to an oral hearing. Notification of the suspension or expulsion shall be sent to the Individual Member in writing by the Secretary General. The Individual Member shall be entitled to appeal in writing against the suspension or expulsion within 28 days of the date on which notification is sent to the Individual Member. The appellant shall be entitled to submit any written material in support of the appeal to the Secretary General within 21 days of the date of submission of the appeal. The appeal shall be heard by a three-person tribunal. The Chairman of the Tribunal shall be a member of the Judges’ Forum selected by the Chairman of the Judges’ Forum or in the event of the Chairman being unable or unwilling to act by the senior Vice-Chairman of the Forum. The other two members of the Tribunal shall be selected by the Chairman of the Tribunal from a panel appointed by the Council. The appellant shall not be entitled to require an oral hearing. The Tribunal shall consider the appeal, all the material considered by the Professional Conduct Subcommittee and any additional evidence or submissions presented by the appellant or the Secretary 8 66 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 General within 180 days of receipt of the appeal by the Secretary General. The decision of the Tribunal shall be final. Liabilities 3.21 No Member shall by reason of membership of the Association be liable for any debt or obligation of the Association in the absence of any express promise or agreement in writing by such Member to accept such liability. Representation of the Association 3.22 No Member or group of Members may organise any conference, seminar or other meeting using the name of the Association or represent the Association or take any other action in the name of the Association, without prior authority of the President or, if organised or done by the LPD or a Constituent member of the PPID, an officer of such Constituent, after consultation with the President. Article 4 The Council Authority, Powers and Duties 4.1 The Association shall be governed by the Council which shall be the governing body of the Association in which control of the Association vests. 4.2 Subject to the provisions of this Constitution, the Council, without limiting the generality of Article 4.1: 4.2.1 shall have the general supervision and control of the affairs of the Association and accordingly shall supervise and may, if it thinks fit, direct the Management Board; 4.2.2 shall have the sole and exclusive authority on behalf of the Association to determine and make statements of policy in relation to issues affecting the legal profession; 4.2.3 shall at least once annually receive reports on the activities of the Association during the preceding year from the Management Board, the LPD, the SPPI, the BIC, the HRI and such other parts of the Association as it may from time to time require; 4.2.4 shall elect the two Councillor representatives of the Member Organisations to the Management Board provided for in Article 5.5. in accordance with Article 0, and shall confirm the appointment of the other members of the Management Board set forth in Article 5.5; 4.2.5 shall establish such committees to assist in the governance of the Association, and dissolve the same, as it may from time to time deem appropriate; 4.2.6 shall receive and consider annually the audited accounts of the Association for the preceding year; 9 67 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 4.2.7 shall receive and consider the budget of the Association for each year; 4.2.8 shall from time to time determine the financial year of the Association or other period for which audited accounts shall be prepared; 4.2.9 shall appoint the auditors for each financial year or other period; 4.2.10 shall fix the dues payable by Member Organisations; 4.2.11 may make honorary appointments; 4.2.12 may authorise the Management Board to: (a) invest moneys of the Association not immediately required for its objects in or upon such investments, securities or property in any part of the world as may be thought fit; (b) appoint as the Association’s investment manager or investment managers (the ‘Manager’) on such reasonable terms as to remuneration and other matters such person or persons as may be thought fit and may delegate to the Manager the exercise of the power contained in Article 4.2.12(a); and (c) make such arrangements as may be thought fit for any investments of the Association or income from those investments to be held by a corporate body as nominee for the Association and pay reasonable remuneration as may be thought fit to any corporate body acting as such nominee; 4.2.13 may approve each Councillor’s credentials. 4.2.14 may adopt such by-laws or rules of procedure in accordance with Article 110 as it thinks fit. Membership 4.3 The members of the Council shall be: 4.3.1 the Officers; 4.3.2 any Honorary Life President, any Honorary Life Member of the Council appointed before 1983, and any Honorary Life Member of the Association; 4.3.3 for the two years immediately following their vacation of office, the immediate past Officers; 4.3.4 any members, co-opted pursuant to Article 4.4; 4.3.5 up to two individuals representing each Member Organisation appointed by that Member Organisation in accordance with Article 4.6; and 4.3.6 the Deputy Secretaries-General. 10 68 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 4.4 4.5 The Council may co-opt for such term not exceeding four years as the Council may determine any person provided that: 4.4.1 at any time there shall not be more than six co-opted members nor more than two coopted members who are members of any one Member Organisation; and 4.4.2 any motion for co-option must be approved by the affirmative vote of not less than twothirds of the members of the Council entitled to vote present in person or by proxy and voting at a meeting of the Council... Each Member Organisation shall be entitled to appoint up to two Councillors being: 4.5.1 the President of that Member Organisation (or other senior elected office holder); and 4.5.2 another person who is a member of the Member Organisation (or being a Federation, of a member of that Federation). That person shall be known as the Representative Councillor of the Member Organisation. 4.6 Councillors appointed by a Member Organisation shall be appointed by notice in writing to the Secretary-General and shall, in the case of a Representative Councillor, hold office until notice of a replacement is given to the Secretary-General. 4.7 Councillors appointed by a Member Organisation shall represent that Member Organisation in its relationship with the Association, ensuring that the Member Organisation the Councillor represents is at all times fully informed of the work of the Association. Voting 4.8 Except as herein otherwise provided all decisions of the Council shall be taken by a simple majority of the Council entitled to vote, and such vote may be taken, as directed by the President, either (a) in person or by proxy by those voting at a meeting of the Council, or (b) in the event of the election of Officers and Other BIC Officers by electronic ballot solicitation of the Council. Any voting done through electronic solicitation shall be held open for no less than 30 calendar days and in the event of a second round of elections of Officers or Other BIC Officers for no less than 15 calendar days and shall be conducted through a secure process that identifies the Member Organisations or Councillors entitled to vote. 4.9 Subject to Article 4.13.6, 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) either (a) in the case of a Sustaining Member Organisation from a single country, 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; or (b) in the case of a Sustaining Member Organisation whose members are located in several countries, any of the organisations in those countries which are or could be (if they applied) Full Member Organisations have notified the Secretary-General that they may cast any of the votes that could otherwise be cast by Councillors appointed by those organisations. In either such case, the Councillors appointed by the relevant Sustaining Member Organisation shall be entitled to cast such votes and Article 40 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 matter. 11 69 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 4.11 Councillors (and their 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). The same applies mutatis mutandis to elections by electronic ballot solicitation, the relevant time being the seventh day before the first day on which the ballot through electronic solicitation is open for voting. 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 Boardthe Chair, the ViceChairs and the Officers-at-Large of the BIC. 4.13 If so determined by the Chair of the meeting or 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 on 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 Chair, Vice-Chair and Secretary-Treasurer of the LPD shall have ten votes and each of the Chair and Secretary-Treasurer of the SPPI shall have fifteen 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 who are 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 who are 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 LPD and SPPI; the senior officer of the SPPI having 15 per cent of such votes and the senior officer of the LPD 85 per cent; 12 70 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 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, two-thirds 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 and no proxy appointed by a Full Member Organisation to which this Article applies is present at a meeting, then any votes that such Councillor or proxy would have been entitled to cast shall be allocated to the Councillors or proxies 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 such other Full Member Organisations 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 Councillors 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 and the votes which they are entitled to cast. 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 casting vote, whether or not that person is otherwise entitled to vote on the matter. Observers 4.15 Upon the invitation of the Management Board or the Council, any international organisation having purposes similar or allied to those of the Association may be represented by observers at a Council meeting. Observers may be empowered by the President to attend and to speak but shall not be entitled to vote at Council meetings. The President may invite or at the request of a Member Organisation shall allow persons who are not Councillors to attend Council meetings. Meetings and Notice of Council Meetings 4.16 The Council shall meet once every year at the time and in the place of the annual conference of the Association. 4.17 The Council shall also meet on at least one other occasion in each year at such place as may be determined by the Management Board unless the President (after consultation with the Management Board) shall determine that to do so is unnecessary and would be unduly burdensome, either for the Councillors or for the financial resources of the Association. 13 71 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 4.18 The Council shall also meet at such other times and places as may be decided by the President or by the Management Board, or upon a written request of a one or more of the Constituents or by Councillors appointed by Full Member Organisations entitled pursuant to Article 4.13.1 to cast at least 50 votes. 4.19 Should any Councillor be prevented from attending a Council meeting by reason of government action effectively denying such Councillor access to the country or other territory in which the meeting is to be held, no decision (except pursuant to Article 3.20) shall be taken at any such meeting which could adversely affect that Councillor or, where he is appointed by a Member Organisation or Constituent, that Member or Constituent. 4.20 The President, or in his absence the Vice-President, or in both their absences the SecretaryGeneral or, if he is not present another Officer chosen by those Officers present, or if no Officer be present, then a member of the Council elected by the Council shall preside at meetings of the Council. 4.21 Notice of the time and place of, and all material items on the agenda for each Council meeting shall be transmitted not less than 45 days before the meeting to all Councillors and to all Member Organisations, to such address (if any, including electronic mail 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 transmit more than one notice in more than one manner), but the accidental failure to transmit or the non-receipt of any such notice shall not invalidate any of the proceedings at any such meeting. 4.22 Any Member Organisation, the LPD or the SPPI may appoint through any of its Councillors pursuant to Articles 4.5 and 4.13.2 a proxy to attend and vote on its behalf instead of such respective Councillors at any meeting of the Council, with power of substitution by the proxy in the case of emergency, provided that: 4.22.1 the proxy presents written evidence of its, his or her appointment to the SecretaryGeneral; 4.22.2 the proxy for (a) a Member Organisation, is either another Member Organisation, provided that no Member Organisation shall be the proxy of more than [two] other Member Organisations and further provided that the same persons may attend and vote for the Member Organisation having issued the proxy as may attend and vote for the Member Organisation appointed as proxy or a Member of the Legal Profession of the appointing Member Organisation’s country, and, (b) the LPD or SPPI is an Individual Member that is also a member of such Constituent; 4.22.3 all appointments of a Member Organisation as a proxy for other Member Organisations shall be void in the event a Member Organisation presents written evidence of more than [two] such appointments in accordance with Article 4.22.1; 4.22.4 no proxy shall be appointed otherwise than for a single meeting of the Council, including any adjournment thereof; 4.22.5 any proxy issued by a Member Organisation, the LPD or the SPPI may be revoked at any time by written notice through any of the Councillors pursuant to Articles 4.5 and 4.13.2, as the case may be, to the Secretary General; 14 72 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 4.22.6 no proxy or substitute thereof may attend or vote on behalf of a Member Organisation, the LPD or SPPI if such Member Organisation or Constituent attends and votes through any of its respective Councillors pursuant to Articles 4.5 and 4.13.2 at the respective meeting of the Council; 4.22.7 the power of substitution by the proxy shall be subject to all restrictions pursuant to this Article 4.22. Article 5 Management Board 5.1 Subject to the provisions of this Constitution and to any directions that may from time to time be given by the Council, the business, finances and affairs of the Association shall be managed by the Management Board. Powers and Duties 5.2 5.3 The Management Board shall: 5.2.1 comply with the provisions of the Constitution; 5.2.2 comply with such directions as may from time to time be given to it by the Council; and 5.2.3 report to the Council giving an account of its administration of the business, finances and affairs of the Association at each meeting of the Council or more often if the Council so requires. Subject to Article 5.2, the Management Board in managing the business, finances and affairs of the Association shall have all appropriate or incidental powers to enable it to do so (with full power to delegate), including the power: 5.3.1 to manage the finances of the Association, prepare and implement budgets and (if authorised by the Council) exercise all or any of the powers set out in Article 4.2.122; 5.3.2 to fix from time to time all dues payable by the Individual Members; 5.3.3 to determine the timing, venue, fees and programme of and all other issues relevant to the annual conference of the Association, and to change the timing or venue of the Conference if in its opinion circumstances require; 5.3.4 to appoint, prescribe the duties and determine the terms of service and remuneration of, supervise and dismiss an Executive Director and to confer upon him or her, vary and revoke all such powers, duties and responsibilities as may be thought fit; and 5.3.5 to make recommendations to the Council whenever thought fit pursuant to Article 60 and to provide terms of reference (if considered appropriate) for and supervise the activities of each Constituent and all other bodies or committees responsible for conducting any of the activities of the Association (other than the Council). 15 73 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 5.4 The Management Board may reduce the dues payable by Individual Members in specified countries or in territorial areas when circumstances, in its opinion, so warrant. Membership 5.5 The members of the Management Board shall be: 5.5.1 the Officers; 5.5.2 the Chair of the HRI; 5.5.3 two Councillors from Member Organisations elected in accordance with Article 0the Immediate Past Chair of the BIC, unless such person is a member of the Management Board by virtue of holding another Officer position, in which case or the Vice-Chair of the BIC (other than the Senior-Vice Chair of the BIC), the latter in the event the Immediate Past Chair of the BIC serves as an Officer or declines to serve as member of the Management Board for other reasons shall serve; 5.5.4 three persons elected by the council of the LPD; and 5.5.5 as a non-voting member, the Executive Director. Proceedings of the Management Board 5.6 The Management Board shall meet as often as it considers necessary to conduct its business and (subject to the provisions of this Constitution and any by-laws) shall determine its own procedures. 5.7 Meetings of the Management Board shall be convened by or at the discretion of the President or the Executive Director or any two voting members, which meetings may be held in person and/or by telephonic or electronic means. 5.8 All meetings of the Management Board shall be chaired by the President, or if absent, the VicePresident or, if absent, another voting member of the Management Board chosen by the President or, if no such choice is made, by the members present. 5.9 Seven voting members present (whether physically or by telephonic or electronic means) at the commencement of each meeting shall constitute a quorum. 5.10 All decisions shall be taken by a majority of those present and voting; provided that any resolution relating to a Reserved Matter shall not be passed or effective unless more than threefifths of those voting members present vote in favour of it. 5.11 The chair of the meeting shall have a casting vote. 5.12 For the purposes of this Article 5 0, in the event that a position on the Management Board is held by co-chairs, then such co-chairs shall be regarded as only one member, and if they do not vote in the same manner both shall be deemed to have abstained. This Article 5.12 does not prevent one of such co-chairs, acting alone, from representing its Constituent in such position on the Management Board or from being chosen to chair a meeting of the Management Board pursuant to Article 5.8. 16 74 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Delegation 5.13 The Management Board may delegate all or any of its powers, duties and responsibilities to such committees or subcommittees or individuals (whether or not comprising or including members of the Management Board) upon such basis as it thinks fit but is not thereby absolved from its responsibilities under this Constitution. Article 6 Constituents Divisions 6.1 The activities of the Individual Members shall be organised and conducted through two Divisions, the Public and Professional Interest Division (PPID) and the Legal Practice Division (LPD). 6.2 The PPID shall be primarily responsible for professional and public interest issues, including human rights and issues of relevance to Member Organisations, and shall primarily operate through its independent Constituent members, the SPPI, the BIC and the HRI. 6.3 The LPD shall be primarily responsible for legal issues in the practice of various fields of law. 6.4 The LPD shall be managed by officers and a council constituted and elected in accordance with its by-laws. 6.5 The HRI, BIC and SPPI shall constitute the members of the PPID, and their and its respective activities shall be coordinated by a steering group constituted in accordance with the by-laws of the PPID. Human Rights Institute 6.6 The Human Rights Institute (HRI) shall be a separate part of the PPID, managed in accordance with its own by-laws, with such powers, procedures, membership and functions as such by-laws may provide. Bar Issues Commission 6.7 The Bar Issues Commission (BIC) shall be a separate part of the PPID, managed in accordance with its own by-laws, with such powers, procedures, membership and functions as such by-laws may provide. Section on Public and Professional Interest 6.8 The Section on Public and Professional Interest (SPPI) shall be a separate part of the PPID, managed in accordance with its own by-laws, with such powers, procedures, membership and functions as such by-laws may provide. Regional Forums 17 75 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 6.9 The Regional Forums are established by and a part of the LPD, with the chair of each Regional Forum being appointed by the Chair of the LPD. However, because each Regional Forum represents the Association within its geographical region, the activities of the Regional Fora shall be coordinated though a Regional Fora Coordination Committee comprised of not less than 9 and not more than 15 members, which members shall include one to two officers from each Regional Forum, and one representative from each of the SPPI, the BIC and the HRI. The Regional Fora Coordination Committee acts as a body for regional coordination of Association activities, but shall not take action that is binding on the Regional Forums. Other Forums, Sections and Committees 6.10 The LPD and the SPPI may establish such forums, sections and committees as their respective councils or other governing bodies think appropriate, in accordance with their by-laws, with such powers, procedures, membership and functions as their respective councils or other governing bodies may determine. Officers and Councils of Forums, other Sections and Committees The officers of any Forum, Regional Forum, Section (other than SPPI) or Committee and the members of the council or other governing body of any such Constituent shall be elected or appointed from among the members of that Forum, Regional Forum, Section or Committee in accordance with the relevant by-laws. Article 7 Officers Officers 7.1 The Officers shall be the President, Vice-President, Secretary-General, Treasurer and Assistant Treasurer, the Chair and the Senior Vice-Chair of the BIC, and the two most senior Officers of the LPD (Chair and Vice-Chair) and the SPPI (Chair and Secretary-Treasurer), each of whom shall be elected in accordance with these Articles and the Rules of Procedure for the Election of Officers. 7.2 The President, Vice-President and Secretary-General shall, subject to Articles 7.6 and 7.8, hold office for a term of two years beginning on 1 January following the meeting of the Council held at the annual conference of the Association at which such Officer was elected. 7.3 The Treasurer and Assistant Treasurer shall be the persons respectively elected as SecretaryTreasurer and Assistant Treasurer of the LPD, each of whom shall hold office for as long as he or she holds office as Secretary-Treasurer or Assistant Treasurer, as the case may be, of the LPD. 7.4 The LPD shall have at least four officers, a Chair, Vice-Chair, Secretary-Treasurer and Assistant Treasurer each of whom shall be elected in accordance with the by-laws governing the LPD. Such Secretary-Treasurer and Assistant Treasurer shall be, respectively, simultaneously Treasurer and Assistant Treasurer of the LPD and Treasurer and Assistant Treasurer of the Association as a whole. 18 76 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 7.5 The SPPI shall have at least two officers, a Chair and a Secretary-Treasurer, each of whom shall be elected in accordance with the by-laws governing the SPPI. 7.6 Subject to Articles 7.2, 7.7 and 7.9, the President, Vice-President, and Secretary-General shall be elected by the Council in the manner set out herein and in the IBA BY-LAWS GOVERNING THE CONSTITUTION AND PROCEDURE OF THE NOMINATIONS COMMITTEE AND RULES OF PROCEDURE FOR THE ELECTION OF IBA OFFICERS AND OTHER BIC OFFICERS as in force from time to timeat the meeting of the Council held at the time of the annual conference of the Association, taking into consideration (but not being bound by) any recommendations made by the Nominations Committee. 7.7 If the office of President, Vice-President or Secretary-General shall not be filled, the Council shall fill such vacancy in the manner prescribed in Article 7.9 below. If the office of the Treasurer or Assistant Treasurer shall not be filled, then any such vacancy shall be filled in the manner provided in the bylaws of the LPD. 7.8 None of the President, the Vice-President, the Secretary-General, the Treasurer or the Assistant Treasurer shall at the same time serve as a Councillor in any other capacity. Casual Vacancies 7.9 The Council may fill any casual vacancy in the office of President, Vice-President or SecretaryGeneral, and in the case of any vote to fill the vacancy the provisions for election of these Officers shall apply. Any casual vacancy in the office of Treasurer or Assistant Treasurer shall be filled in the manner provided for in the bylaws of the LPD. Any person so appointed shall hold office until the date on which the holder of the position would have ceased to hold office if there had not been a casual vacancy. Duties of Officers President 7.10 The President shall be the chief Officer of the Association and: 7.10.1 shall where possible preside at all meetings of the Council and of the Management Board; 7.10.2 shall chair the annual conference of the Association; 7.10.3 shall superintend all activities of the Association and make such appointments, subject to such prior consultations, as may be authorised by this Constitution; 7.10.4 shall, subject to ratification by the Council, appoint the chair and three other members of the Nominations Committee; and 7.10.5 shall appoint, subject to confirmation by the Council at its next meeting, Deputy Secretaries-General. Vice-President 7.11 The Vice-President shall: 19 77 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 7.11.1 perform the duties of the President and exercise the President’s authority when the President is absent or otherwise not available, or in the event that the President resigns or is incapacitated and such vacancy has not been filled pursuant to Article 7.8; and 7.11.2 perform such other duties as may be requested by the President, the Council or the Management Board. Secretary-General 7.12 The Secretary-General shall: 7.12.1 supervise applications for membership and be responsible for the membership records of the Association; 7.12.2 supervise the Deputy Secretaries-General; 7.12.3 be responsible for all procedural and constitutional issues; and 7.12.4 perform such other duties as may be requested by the President, the Council or the Management Board. Treasurer 7.13 The Treasurer (in consultation with the Assistant Treasurer) shall: 7.13.1 be responsible for the supervision and administration of the funds of the Association; 7.13.2 supervise the maintenance of the books of account at the offices of the Association; 7.13.3 supervise the receipt of dues and other income and authorise disbursements in accordance with budgets approved by the Management Board; 7.13.4 generally have responsibility for supervising all aspects of the financial affairs of the Association, as well as the financial affairs of the LPD; and 7.13.5 perform such other duties as may be requested by the President, the Council or the Management Board. Assistant Treasurer 7.14 The Assistant Treasurer shall: 7.14.1 have responsibility for assisting the Treasurer in supervising all aspects of the financial affairs of the LPD; 7.14.2 assist the Treasurer in performing his or her functions in such manner as may be agreed between them and ratified by the Management Board; and 7.14.3 perform such other duties as may be requested by the President, the Council or the Management Board. 20 78 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 Chairs and Vice-Chairs of Constituents 7.15 The Chairs and Vice-Chairs, in conjunction with the relevant Secretary-Treasurers and Assistant Treasurers, shall generally have responsibility for managing and supervising the affairs of the LPD, SPPI, BIC and HRI in accordance with the by-laws of that Constituent. Other 7.16 In addition, all officers of the Association the Divisions and the other Constituents shall perform the functions usually performed by such officers in other organisations, and those prescribed by this Constitution, the Council, the Management Board or the by-laws of the relevant Division or Constituent, as the case may be. Deputy Secretaries-General 7.17 Deputy Secretaries-General shall be the co-chairs of each of the Regional Forums, and shall have, as their primary responsibility, the definition and execution of the strategies for the development and support of the activities of the Association within the geographical region of their respective Regional Forum, together with such other responsibilities as are assigned to them by the Secretary-General, the Management Board and the LPD Council, and as recommended to them by the Regional Fora Coordination Committee. Article 8 Nominations Committee 8.1 8.2 There shall be a Nominations Committee of 12 persons of whom: 8.1.1 four (one of whom shall chair the Committee and shall normally be the most recently retired President) shall be appointed by the President as soon as practicable after the President takes office and ratified by the Council at its next meeting; 8.1.2 four shall be appointed by the Chair of the LPD as soon as practicable after such Chair takes office and ratified by the council of the LPD at its next meeting; 8.1.3 two shall be appointed by the Chair of the BIC as soon as practicable after such Chair takes office and ratified by officers of the BIC at their next meeting; and 8.1.4 two shall be appointed by the Chair of the SPPI as soon as practicable after such Chair takes office and ratified by council of the SPPI at its next meeting. The Nominations Committee shall make recommendations to the Council, to the councils of the LPD and the SPPI, and to the officers of the BIC, respectively, as to the best candidates for election as the next officers of the Association, LPD, BIC and SPPI, but so that: 8.2.1 no recommendation of a person for election as President, Vice-President or SecretaryGeneral shall be made unless at least three of the four persons appointed by the President shall be in favour of such recommendation; 21 79 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 8.3 8.2.2 no recommendation of a person for election as Chair, Vice-Chair, Secretary-Treasurer or Assistant Treasurer of the LPD shall be made unless at least three of the four persons appointed by the Chair of the LPD shall be in favour of such recommendation; 8.2.3 no recommendation of a person for election as Chair, Vice-Chair or other officer of thePrincipal BIC Officer shall be made unless at least one of the two persons appointed by the Chair of the BIC shall be in favour of such recommendation; and 8.2.4 no recommendation of a person for election as Chair or Secretary Treasurer of the SPPI shall be made unless at least one of the two persons appointed by the Chair of the SPPI shall be in favour of such recommendation. The Council shall, jointly with the councils of the LPD and the SPPI, make by-laws which (subject to this Article 8 0) shall govern the constitution and procedure of the Nominations Committee; the Council may also make by-laws governing the procedure for election of the President, Vice-President and Secretary-General and the appointment of Deputy SecretariesGeneral. Article 9 Honorary Appointments and Awards of Certificates of Outstanding Achievement Honorary Life Presidents 9.1 On the recommendation of the Management Board, the Council may elect as an Honorary Life President of the Association any person who has held the office of President or the office of Chair of the LPD or of the SPPI (or predecessor section or Division) and who, by virtue of an outstanding and unique contribution to the work of the Association, has advanced substantially the general interests of the legal profession and the Association. Honorary Life Members of the Association 9.2 On the recommendation of the Management Board, the Council may elect as an Honorary Life Member of the Association any person who has made an outstanding and unique contribution to the work of the Association. Election 9.3 No nomination of any person to be recommended by the Management Board for election as an Honorary Life President or as an Honorary Life Member of the Association shall be effective unless made in writing to the Secretary-General specifying in detail how such a person has met the requirements referred to in Article 9.1 and 9.2 respectively at least 30 days prior to a meeting of the Management Board. The Council shall be provided with notice of any such recommendation by the Management Board at least 30 days prior to the date of the meeting at which the Council will be asked to vote on such recommendation. Privileges 22 80 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 9.4 Honorary Life Presidents, Honorary Life Members of the Council appointed before 1983 and Honorary Life Members of the Association shall have the same rights, privileges and obligations as those of Individual Members, but shall not be required to pay annual dues. As such, they shall be entitled to attend and to speak, but not to vote at Council meetings, except that an Honorary Life President and an Honorary Life Member of the Council appointed before 1983 shall be entitled to attend, speak and vote at Council Meetings. Honorary Members 9.5 On the recommendation of the Management Board, the Council may elect as an honorary member of the Association on such terms and conditions, including revocation, as it shall in its absolute discretion think fit any person distinguished in statesmanship, diplomacy, education, commerce, finance, science, literature, the professions or the arts or who has made an outstanding contribution to the achievement of any of the objects of the Constitution. Such honorary members, while having the same rights and privileges as Individual Members, shall not be required to pay annual dues and shall not be entitled to attend meetings of the Council. Awards of Certificates of Outstanding Achievement 9.6 On the recommendation of the Management Board, the Council may decide to award a certificate of outstanding achievement to any person whose outstanding contribution to the legal profession or to the work of the Association shall be deemed to merit such recognition. 9.7 No nomination of any person to be recommended by the Management Board to the Council for the award of a certificate of outstanding achievement shall be effective unless made in writing to the Secretary-General specifying in detail how such a person has met the requirements for such recognition as specified in Article 9.6 at least 30 days prior to a meeting of the Management Board. The Council shall be provided with notice of any such recommendation by the Management Board at least 30 days prior to the date of the meeting at which the Council will be asked to vote on such recommendation. 9.8 Every person who is the holder of a certificate of outstanding achievement shall be listed as such in the annual directory of members of the Association. Those who are not members of the Association shall not be entitled to attend Council meetings unless entitled to do so by virtue of any position or capacity they may hold in the Association. Those who are members of the Association shall not be required to pay annual dues. Article 10 Indemnification and Defence of Officers 10.1 Every person who was or is a party or is threatened to be made a party to or is involved in any or threatened, pending or completed action, suit or proceeding because he is or was an Officer or otherwise acting with authority on behalf of the Association shall be indemnified and held harmless by the Association, to the fullest extent permissible by this Article 100, against all losses, liabilities and expenses threatened, incurred or suffered by such person in connection therewith. Such rights of indemnification and to be held harmless shall be contract rights enforceable in any manner desired by such person, and shall not be exclusive of any other right which such person may have or hereafter acquire. 23 81 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 10.2 Without limiting the generality of Article 10.1, such person shall be entitled to all relevant rights of indemnification and to be held harmless under any by-law, agreement, vote of members, Councillors or delegates, provision of law or otherwise, as well as all rights under this Article 100. 10.3 In furtherance and not in limitation of Article 10.1: 10.3.1 The Association shall indemnify and hold harmless such person against all expenses, including fees and expenses for legal services, and against all judgments, fines and amounts paid in settlement reasonably incurred in connection with legal, administrative or investigative proceedings if such person is or was a party or is threatened to be made a party to any threatened, pending or completed proceedings, whether civil, criminal, administrative or investigative, by reason only of the fact that such a person is or was an Officer or otherwise acted with the authority and on behalf of the Association. 10.3.2 This Article 100 applies to such person in all events if such person acted honestly and in good faith for a purpose which such person reasonably believed to be in the best interests and with the authority of the Association. 10.3.3 The termination of any proceedings by judgment, order, settlement, conviction or the entering of a plea of nolo contendere or its equivalent shall not, by itself, create a presumption that such person did not act honestly and in good faith and in a manner he believed to be in or not opposed to the best interests and with the authority of the Association or that such person had reasonable cause to believe the relevant conduct was unlawful. 10.4 The Association shall indemnify the Officers, members of the Management Board, the Executive Director, other employees or consultants of the Association and any person otherwise acting with authority on behalf of the Association against loss arising from any action or omission bona fide taken or omitted to be taken in connection with the cancellation or change of time or place of any Conference or Council meeting, and may disclaim liability on the part of the Association and may authorise any of the aforementioned persons to disclaim liability in respect of such action or omission. 10.5 Unless it is clear beyond reasonable doubt that Article 10.3.2 does not permit such action: 10.6 10.5.1 The Association shall defend any such person at its own expense and hold him or her harmless, but such person may participate in such defence to the extent such person reasonably desires. 10.5.2 Expenses incurred by any such person in defending a civil or criminal action, suit or proceeding (as distinguished from the expenses of the Association incurred pursuant to Article 10.5.1 and including such person’s expenses of participation referred to in Article 10.5.1) shall be paid by the Association on behalf of such person in advance of the final disposition of such action, suit or proceeding upon receipt of an undertaking by or on behalf of such person to repay such amount if it shall ultimately be determined that such person is not entitled to be indemnified by the Association. The indemnification and advancement of expenses provided in this Article 100 shall continue as to such person even after such person has ceased to hold the office or position which gave rise to 24 82 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 the entitlement or otherwise to act on behalf of the Association and shall inure to the benefit of the heirs, executors and administrators of such person. 10.7 10.8 Any indemnification under this Article 100 (unless ordered by a court) shall be made by the Association as authorised in the specific case upon a determination that such person has met the applicable standard of conduct set forth in Article 10.3.2. Such determination shall be made by any of the following procedures: 10.7.1 by a majority vote of the Management Board; or 10.7.2 by a majority vote of the Council, with only members who were not parties to such action and not involved in such claim of liability, suit or proceedings, voting; or 10.7.3 by independent legal counsel in a written opinion, if so requested either by vote pursuant to Article 10.7.1 or at a meeting of the Council with all members at such meeting entitled to do so voting whether or not disinterested. Whether or not any steps have been taken under Article 10.5, any person may commence and continue in England a proceeding or action seeking to exercise or enforce rights under this Article 100, and the Association agrees not to contest personal jurisdiction or venue in such jurisdiction. Article 11 By-Laws 11.1 The Council may adopt such by-laws or rules of procedure, not inconsistent with this Constitution: 11.1.1 setting out procedures to be followed in the administration, operation or management of the Association or any part of it; or 11.1.2 otherwise for the management of the affairs of the Association and may vary, amend or repeal the same as it thinks fit. 11.2 The Council may not make by-laws or rules of procedure in relation to the management, operation or procedures of any Constituent unless recommended by the council or other governing body of such Constituent. 11.3 Each Constituent may, by resolution of its council or other governing body, adopt such by-laws or rules of procedure: 11.3.1 setting out procedures to be followed in the administration, operation or management of it or any part of it; or 11.3.2 otherwise for the management of its affairs and vary, amend or repeal the same as it thinks fit, provided only that in the case of any such resolution 11.3.2.1 is not inconsistent with this Constitution or any by-laws or rules of procedure laid down by the Council pursuant to Articles 11.1 and 11.2; and 25 83 Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May, 2016 11.3.2.2 relates solely and exclusively to its affairs; and 11.3.2.3 is reported to the Council as soon as practicable. Article 12 Amendment to the Constitution 12.1 Upon the recommendation of the Management Board, a Member Organisation, a Division or a Constituent, this Constitution may be amended by the Council, by a majority of not less than twothirds of the votes cast by those who, being entitled to do so, vote. 12.2 Notice of any proposed amendments shall be included in or sent before or at the same time as and to the same persons and in the same manner as the notice of the Council meeting. 12.3 Amendments shall take effect on such date or on the fulfillment of such condition or conditions as the Council shall determine. Article 13 Dissolution 13.1 The Association may be dissolved in the same manner mutatis mutandis as is prescribed in 0 Article 12 with respect to amendments to this Constitution. Distribution of Assets 13.2 Upon the dissolution of the Association, its net assets (if any) shall be distributed as provided for in its Certificate of Incorporation. 26 84 8.d BIC Bylaws including changes (Exhibit ./3) Draft 1 August 2016 Amendments DC September 2016 Bylaws of the Bar Issues Commission of the International Bar Association (“BIC Bylaws”) Article 1 Bylaws The Bar Issues Commission (“BIC”) of the International Bar Association (the “Association”) shall operate subject to and in accordance with the following Bylaws. The role of BIC is to pursue the objects stated herein for and on behalf of the Association. BIC shall be independent subject only to: 1.1 the supervision of the Association Council and the Management Board in relation to policy issues; 1.2 the obligation to keep the Management Board and Council of the Association informed of its deliberations; and 1.3 submitting its business plan annually to and having its budget set by the Officers of BIC subject to ratification by the Management Board. Article 2 Objectives 2.1 The objectives of BIC are to: 2.1.1 provide a forum for Member Organisations of the Association (“Member Organisations”) to discuss among themselves issues of common interest; 2.1.2 present programmes and showcases at Annual Conferences on issues of particular interest to Member Organisations; and 2.1.3 provide advice to the Association Council, through its Policy Committee, and its Officers on issues of relevance to Member Organisations. 2.1.4 promote, protect and enforce the role of an independent legal profession (lawyers and bars). 2.1.5 acquire and disseminate the information concerning issues relating to the role of an independent legal profession. 85 2.1.6 participate in and support the objects of and efforts undertaken by the different parts of the Public and Professional Interest Division (PPID). 2.2 In pursuing these objects BIC shall act in accordance with these Bylaws and subject at all times to the direction of the Association Council. 2.3 In pursuing these objects BIC will have regard to its status in the Association and accordingly will give priority to activities having a particular connection to the interests and concerns of Member Organisations. Article 3 Officers and Committees 3.1 Officers 3.1.1 The principal Officers of the BIC shall be the Chair and two Vice- Chairs (the “Principal BIC Officers”) Each of the Principal BIC 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, 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. 3.1.2 In addition to the Principal BIC Officers, the BIC shall have a minimum of two and a maximum of seven additional officers (each, an “Officer”, and, collectively with the Principal BIC Officers, the “Officers” Any additional Officer shall hold office as well for a term of two years beginning on 1 January of each odd-numbered year. The Chair shall, after consultation with the other officers of the BIC, appoint an Officer of the BIC to act as Secretary-Treasurer. 3.1.3 Subject to 3.1.4 3.2 3.1.3.1 any restrictions which the Council of the Association may from time to time impose; and 3.1.3.2 these Bylaws, 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 Management Board. Between General Meetings, the Officers shall manage the affairs of BIC. 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. Duties of Officers 3.2.1 The Chair shall be the senior officer of BIC and shall: 3.2.1.1 preside at General Meetings of BIC and meetings of its Officers and Committee officers; 2 86 3.2.2 3.2.3 3.2.1.2 supervise and co-ordinate all the activities of BIC; 3.2.1.3 consult regularly with and give appropriate consideration to the advice of the Committee Officers; 3.2.1.4 keep the Association Council, the Association President, and the Management Board informed of the activities of BIC; The Vice-Chairs shall: 3.2.2.1 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; 3.2.2.2 assist the Chair as requested in supervising and co-ordinating the activities of BIC The Secretary/Treasurer shall: 3.2.3.1 give notice of meetings; 3.2.3.2 keep minutes of meetings; 3.2.3.3 maintain records of the membership of BIC; 3.2.3.4 issue such notices as may be required or directed; 3.2.3.5 receive, record and respond to communications to BIC; 3.2.3.6 report to the Chair and General Meetings as required or directed; 3.2.3.7 send all policy papers, recommendations and draft resolutions of the Policy Committee to the Association Council and the Management Board; 3.2.3.8 report to the Association Council and the Management Board all resolutions of BIC in General Meetings. 3.2.3.9 prepare the BIC budget for the approval of the Management Board, superintend the finances of BIC and liaise with and report to the Association Treasurer on all financial matters and present reports to the other Officers, General Meeting of BIC and the Management Board on all financial matters; 3.2.3.10 report to the Chair as required or directed. 3.3 Policy Committee 3.3.1 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. 3.3.2 The Principal BIC Officers shall be ex-officio members of the Policy Committee. 3.3.3 Geographical and jurisdictional representations are significant factors to be taken into account in appointing members of the Policy Committee. 3 87 3.4 3.5 3.3.4 The Policy Committee shall determine its own Chair. 3.3.5 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. The Chair after consultation with the other Officers of the BIC can appoint up to three experts to become members of the Policy Committee without the above qualification. 3.3.6 Policy recommendations or resolutions proposed by the BIC to the Association Council may only be made with the agreement of the Policy Committee. 3.3.7 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. Committees 3.4.1 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 BIC’s 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 Committee’s meetings and proceedings as they occur. 3.4.2 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 members of BIC, serving members of the governing body of a Full Member Organisation or a Sustaining Member Organisation, persons nominated by Full or Sustaining Member Organisations to participate in the work of such working groups and sub-groups or experts, as he or she thinks fit. 3.4.3 The Chair shall notify the Management Board in writing of the intention to: (a) form a new Committee and its proposed scope of activities; or (b) change the name of an existing Committee. If the Management Board notifies the Chair, within 30-days of the receipt of such notice, that such new Committee or the proposed change of name of an existing Committee creates a conflict with an existing committee within any other constituent part of the Association, then the Chair shall not form such new Committee or change the name of the existing Committee. Election of Officers 3.5.1 The Principal BIC Officers shall be nominated and elected in accordance with the Rules and Procedures of the Association’s Nominations CommitteeIBA BYLAWS GOVERNING THE CONSTITUTION AND PROCEDURE OF THE NOMINATIONS COMMITTEE AND RULES OF PROCEDURE FOR THE ELECTION OF IBA OFFICERS AND OTHER BIC OFFICERS from time to time governing the nomination and election of Principal Officers. A minimum of four (4) years as a BIC Officer is 4 88 required in order to serve as a Vice-Chair. In order to serve as BIC Chair, the candidate must have served as a BIC Vice-Chair. 3.5.2 The BIC Chair shall, as promptly as possible after taking office, appoint: (i) five persons to form the BIC Nominations Committee; and (ii) two persons to be Members of the Association’s Nominations Committee, such appointments to be reported to and ratified by the BIC Officers at its next meeting. 3.5.3 The BIC Nominations Committee shall, at the meeting of the Council held at the annual conference of the Association in the year preceding the year in which an election will occur (“Annual Council Meeting”) before the end of July in each Election Year, submit to the IBA Office for inclusion in the Council Agenda, the names of such persons as it proposes for election to fill whatever vacancies shall arise among Officers-at-Large of the BIC the as of the second following January 1, following the above Annual Council Meeting. These will be subsequently voted on as set out in Part B of the IBA BYLAWS GOVERNING THE CONSTITUTION AND PROCEDURE OF THE NOMINATIONS COMMITTEE AND RULES OF PROCEDURE FOR THE ELECTION OF IBA OFFICERS AND OTHER BIC OFFICERSat the Council meeting. 3.5.4 If the number of persons proposed for election as BIC Officers-at-Large shall not exceed the number of vacancies, they shall be declared by the President of the relevant Annual Council mMeeting to have been elected. 3.5.5 If the Chair is unable to serve due to incapacity or death, or resigns by giving notice to the Association President that he or she is unable or unwilling to continue in office until the end of his or her term, then the Association President, in consultation with the remaining Principal Officers of BIC and the Management Board, may appoint another Principal Officer to act as Chair until the conclusion of the term. Such person shall be eligible for election for the subsequent term. 3.5.6 If an Officer (other than the Chair) is unable to serve due to incapacity or death, or resigns by giving notice to the Association President that he or she is unable or unwilling to continue in office until the end of his or her term, then the Association President, in consultation with the Chair of BIC and the Management Board, may appoint a person eligible in accordance with Article 3.1.3 to act as such Officer until the conclusion of the term. Such person shall be eligible for election for the subsequent term. Article 4 Members 4.1 Eligibility 4.1.1 Each Member Organisation which has paid its subscription to the Association for the current year may, in writing or by completion of the BIC Annual Membership Form, 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 Association and will receive Association member benefits. Member Organisations are encouraged, but not required, to ensure 4.1.1.1 suitable continuity in those persons whom they appoint to represent them on BIC; and 5 89 4.1.1.2 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 Association or fails to pay its subscription to the Association 7 days prior to the mid year Council meeting in that year. 4.1.2 4.2 Any individual Member of the Association may become a Member of the BIC upon payment of the annual dues prescribed from time to time by the BIC Officers in consultation with the Association Treasurer 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. Entitlements 4.2.1 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 BIC and, subject to Article 4.2.2, to participate in activities and programmes organised by BIC. 4.2.2 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. Article 5 Meetings 5.1 5.2 General Meetings 5.1.1 A General Meeting of BIC shall be held in conjunction with each annual conference of the Association. 5.1.2 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. Other Meetings The Officers shall arrange a programme of meetings and social events on the occasion of Annual Conferences and Council meetings of the Association. Article 6 Miscellaneous 6.1 Salaries and Expenses No salary or other emolument shall be paid to any Officer or committee officer of BIC. The BIC’s Secretary-Treasurer may authorise reimbursement of personal or administrative expenses incurred by any such person in carrying out the business of BIC, subject to any guidelines or requirements established by the BIC Officers approved by the Management Board. 6 90 6.2 Representation The BIC shall not take any action in the name of or purporting to represent the Association without the prior authority or specific approval of the Council of the Association. 6.3 Amendments of these Bylaws 6.3.1 Amendment by the Council of the Association These Bylaws may be amended at any time by resolution of the Association’s Council, with the consent of the Officers of BIC. 6.3.2 Amendment by BIC These By-laws may be amended at any time by the Officers of BIC provided that such amendment 6.4 6.3.2.1 complies with Article 11.3 of the Association’s Constitution; and 6.3.2.2 is ratified by the Management Board. Effective Date These Bylaws shall come into force on 1 January 20175. 7 91 8.e Bylaws including draft changes (Exhibit ./4) Draft 1 August 2016 Amendments DC September 2016 As Amended Effective 28 May 2016 Formatted: Right INTERNATIONAL BAR ASSOCIATION BYLAWS GOVERNING THE CONSTITUTION AND PROCEDURE OF THE NOMINATIONS COMMITTEE AND RULES OF PROCEDURE FOR THE ELECTION OF IBA OFFICERS AND OTHER BIC OFFICERS (“IBA Nominations and Election Bylaws”) (Adopted pursuant to Article 8.3 of the IBA Constitution by the Association Council on 4th October, 2012. Amendments Adopted by the Association Council on 28 May and 22 September 2016. All terms used herein and not otherwise defined shall have the meanings assigned to them in the IBA Constitution.) A. Bylaws 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, by at least 75% of the members of the Committee appointed by the Legal Practice Division (“LPD”) Chair, by one member of the Committee appointed by the Bar Issues Commission (“BIC”) Chair and by one member of the Committee appointed by the Section of Public and Professional Interest Section (“SPPI”) Council. Any communication remitted in writing should be sent by fax or electronically attaching a pdf copy of such communication duly signed. 1/8 7797.26932.3465308v1 92 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, SecretaryTreasurer or Assistant Treasurer of LPD may be made unless approved by at least 75% of the members of the Committee appointed by the Chair of that Division; (c) no recommendation of a person for election as Chair SPPI or Secretary-Treasurer may be made unless approved by one member of the Committee appointed by the SPPI Council and (d) no recommendation of a person for election as a Chair, or a Vice- Chairs or Officer-at-Large of the Bar Issues Commission (“BIC” and “Principal BIC Officers”) may be made unless approved by one member of the Committee appointed by the BIC Chair. 1.8 All deliberations of the Committee including without limitation all written and oral presentations to it by its nominees shall remain confidential. 1.9 In case of a deadlock in any vote the Chair or, in the absence of the Chair, such other person chairing the meeting, shall have a casting vote. 2. Nominations Process 2.1 Nominations for the election of the President, Vice President and Secretary General of the Association, the Chair, Vice Chair, Secretary-Treasurer and Assistant Treasurer of LPD, the Chair and Secretary-Treasurer of SPPI and the Chair, Vice Chairs and Principal BIC Officers -at-Large of the Bar Issues Commission must be submitted within forty-five (45) days from the last day of the mid-year Council meeting of the year preceding the elections. 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, LPD Division, the members of the council of such Division, and the officers of each Section or Committee of such Division and SPPI Section, the members of the council of such Section, and the officers of each Committee of such Section, 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 Association’s 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 two (2) persons, each of whom must be either an IBA Officer excluding the then current President, Vice President and Secretary-General of the IBA, a Councillor or a Member Organisation representative; (b) for election as the Chair, Vice Chair, Secretary-Treasurer or Assistant Treasurer of LPD, by two (2) persons, each of whom must be either an IBA 2/8 7797.26932.3465308v1 93 officer, excluding the then current Chair, Vice Chair, Secretary-Treasurer and Assistant Treasurer of the LPD, a member of the council of that Division or an officer of a Section or Committee of that Division, or by twenty-five (25) Individual Members of that Division; (c) for election as the Chair or Secretary-Treasurer of SPPI, by two (2) persons, each of whom must be either an IBA officer, excluding the then current Chair, the Secretary-Treasurer and any other appointed officer of the Section, a member of the council of that Section or an officer of a Committee of that Section, or by twenty-five (25) Individual Members of that Section, and (d) for election as a Principal BIC Officer the Chair of the Bar Issues Commission (BIC), one of two (2) Vice Chairs or two of seven (7) Officers-at-Large of such Commission, by two (2) persons excluding the then current Chair, Vice- Chairs and Officers-at-Large of the BIC, each of whom must be a Member Organisation representative. Any nomination may be made in one or more counterparts of the nomination form, each signed by one or two nominators, and a facsimile copy of any such nomination shall be treated as an original. In addition to the two official nominations requested as per paragraphs a, b, c and d, nominees for those positions may receive support letters from any IBA officer, councilor, member organisation representative, LPD officer, a member of the council of that Division or an officer of a Section or Committee of that Division, SPPI officer, a member of the council of that Section or an officer of a Committee of that Section and from BIC officers. 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 IBA 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. No member of the Committee should nominate or support any candidate. 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 No member of the Nominations Committee may be nominated for any office in respect of which that Nominations Committee is empowered to make recommendations during its term of office, which prohibition shall include any such member who resigns from or otherwise ceases to be a member of that Nominations Committee. 2.7 An Individual Member may not be nominated for more than one position. 3/8 7797.26932.3465308v1 94 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 position for which he or she has been nominated. 2.9 Except where a nomination is made by the Committee pursuant to clause Section 2.4 hereof, no Individual Member is eligible for election or may be considered by the Committee for nomination unless a written nomination complying with clause Section 2.3 hereof is received by the Chair of the Committee or at the Association’s principal office on or prior to the stated deadline date. 2.10 Promptly after the stated deadline for nominations, the Chair of the Committee shall arrange for the posting on the Association’s website of all nominations submitted in accordance with the requirements of this Section. 3. Council Meeting at the Annual Conference of the Association 3.1 At the meeting of the Council held at the annual conference of the Association (“Annual Council Meeting”) in the year preceding 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 hereof. No nominee may be present during any part of those meetings at which nominations are discussed other than the interview of a candidate. 4. Committee Reports 4.1 In accordance with Article 8.2 of the IBA Constitution, the Committee shall, within thirty (30) days of the Annual Council Meeting in the year preceding the elections, prepare and deliver to the Secretary General a report addressed to the Association Council, the Council of LPD, the Council of SPPI and the Council of the Bar Issues Commission of its recommendations for the election of: 4.2 (a) The President, the Vice-President and the Secretary General of the Association; (b) The Chair, Vice- Chair, Treasurer and Assistant Treasurer of LPD; (c) The Chair and Secretary-Treasurer of SPPI, and (d) The Principal BIC Officers Chair, two (2) Vice Chairs and the (a minimum of two (2) and a maximum of seven (7) Officers-at-Large of the Bar Issues Commission Each report shall include: (a) the names of all Individual Members nominated; (b) the names of the persons who nominated each Individual Member; 4/8 7797.26932.3465308v1 95 (c) the Committee's recommendations; (d) the Committee’s certification that such recommendations have been made in accordance with Article 8.2 of the IBA Constitution; and (e) such other information as the Committee deems necessary or appropriate. 4.3 The Association Council or the Council of LPD or the Officers of BIC and the Council of the SPPI may seek clarification from the Committee on its report provided always that such clarification may not in any way affect or impact upon the confidentiality of the deliberations of the Committee or any matter upon which it may have reached its conclusions or recommendations. Any such request for clarification must be made in writing to the Chair of the Committee by the President of the Association or the Chair of LPD or the Chair of BIC or the Chair of SPPI within five working days after the presentation by the Committee of its report under Section 3.1 above hereof and the Committee shall respond to such request within ten working days thereafter. 4.4 The Secretary General shall arrange for the posting of the relevant report of the Committee on the Association’s website promptly after receipt thereof, and shall notify members of the Association Council, the council of LPD Division, the officers of BIC and the council of SPPI 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 Section 4.1 hereof, the Chair of the Committee 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 ten (10) persons, each of whom must be either an IBA Officer excluding the then current IBA President, Vice President and Secretary-General, a Councillor or Member Organisation; (b) for election as the Chair, Vice- Chair, Secretary-Treasurer or Assistant Treasurer of LPD Division, by not less than ten (10) persons, each of whom must be either an IBA officer, excluding the then current Chair, Vice Chair, Secretary-Treasurer and Assistant Treasurer of that Division, a member of the council of that Division or officer of a Section or Committee of that Division, or fifty (50) Individual Members of that Division; (c) for election as the Chair or Secretary-Treasurer of the Section of Public and Professional Interest (SPPI), by no less than ten (10) persons, each of whom must be either an IBA Officer, excluding the then current Chair, as well as the Secretary-Treasurer and any other appointed officer of that Section, a member 5/8 7797.26932.3465308v1 96 of the council of that Section or officer of a Committee of that Section, or fifty (50) Individual Members of that Section; and (d) for election as a Principal BIC Officer the Chair of the Bar Issues Commission, one of two (2) Vice Chairs or two of seven (7) Officers-at-Large of the Bar Issues Commission by not less than ten (10) persons excluding the then current Chair, Vice- Chairs and Officers-at-Large of the BIC each of whom must be 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 and Other BIC Officers 1. Returning Officers 1.1 2. 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. Voting Procedure 2.1 All elections shall be conducted by secret ballot, as directed by the President, either (a) in person or by proxy by those voting at a meeting of the Council, or (b) in the event of the election of Officers and Other BIC Officers, the latter being the BIC Officers-at-Large and such BIC Vice-Chair as is not an Officer of the Association, by electronic ballot solicitation of the Council unless there is only one validly nominated candidate for a position, in which case that candidate shall be declared elected to that position. 2.2 Secret ballots in person or by proxy shall be conducted in such manner as the returning officer(s) may determine from time to time. 6/8 7797.26932.3465308v1 97 3. 2.3 Where there are more than two (2) candidates for an office, a candidate who has received more than fifty percent (50%) of the votes cast (including abstaining and invalid votes) shall be deemed elected. If no candidate receives such majority of votes there shall be a second round of elections between the two (2) candidates having received the highest number of votes. 2.4 Any second round of elections shall be conducted by secret ballot in the same manner in which the first round of elections took place in accordance with Section 2.1 hereof. Formatted: Indent: Left: 1.25 cm Electronic Ballot Solicitations 3.1 Notice of all offices and all candidates to be voted on and of the manner in and the time period during which votes can be cast by electronic ballot solicitation shall be transmitted not less than fortyfive (45) calendar days before the first day of the time period during which votes can be so cast to all Councillors and to all Member Organisations in accordance with Article 4.21 of the IBA Constitution. 3.2 The voting through electronic ballot solicitation shall be held open for at least 30 calendar days and shall remain open as a minimum until and including 24:00 o’clock London time of the 30th day immediately following the last day of the mid-year Council meeting following the Annual Council Meeting referred to in Part A Section 3.1. 3.3 In the event that the first round of elections takes place by electronic ballot solicitation and no candidate is elected in such first round in accordance with Section 2.3 hereof, the retiring officer shall announce the results of the first round of elections within ten (10) days from the expiry of the thirty (30) calendar days period pursuant to Section 3.2 hereof. whereupon notice of the second round of voting shall be given in accordance with Section 3.1 hereof, provided however that a minimum of fifteen (15) days notice period shall apply instead of the minimum forty five (45) days notice period. Further, the second round of voting shall be required to remain open for a minimum of fifteen (15) calendar days only. 3.4 There shall be no voting by proxy in the event of elections of Officers or Other BIC Officers through electronic ballot solicitation. 7/8 7797.26932.3465308v1 98 4. 5. 6. Sequence 4.1 Where, at any election in person or by proxy, 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. 4.2 In the event of an election in person or by proxy the election for each office is to be held and declared in order of seniority of office. Scrutineers 5.1 In the event of an election in person or by proxy 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. 5.2 Scrutineers shall not disclose to any person the way in which any particular Member voted in person or by proxy, 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. The same shall apply mutatis mutandis to elections by way of electronic ballot solicitation. Election Results 6.1 7. The Secretary General shall arrange for the posting of the results of each election on the Association’s website no later than thirty (30) days following the election. Miscellaneous 7.1 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. 7.2 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. 8/8 7797.26932.3465308v1 99 8.f Rules for Election of Two Member Organisation Representatives to the Management Board (Exhibit ./5) 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 re-election 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 candidate’s 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 100 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. D-1308295_6DOC 101 8.g Rules and Procedures to govern the Nominations and Election of Officers of the BIC (Exhibit ./6) Nominations Committee RULES AND PROCEDURES TO GOVERN THE NOMINATIONS AND ELECTION OF OFFICERS OF THE BAR ISSUES COMMISSION (“BIC”) AT THE CONFERENCE IN AUCKLAND IN SEPTEMBER, 2004 1. Subject to any further directions which may be given by the Management Committee, the Nominations Committee (“the Committee”) shall determine its own rules of procedure in respect of any matter not covered by these Rules. 2. The Chair of the Committee (“the Chair”) shall forthwith send a request to the members of the Association’s Council, to past Presidents and to Member Organisations to give notification to the Chair of the names and qualifications of any candidates for election as officers of BIC. 3. The Officers of BIC for whom nominations can be made are Chair, two ViceChairs and two Officers at large. 4. No person shall be (a) considered by the Committee for recommendation in accordance with these rules or (b) eligible for election unless either (i) a written nomination complying with paragraph 5 is received by the Chair or at the IBA’s office on or before 31st March 2004, or (ii) his or her name is put forward by the Committee itself. 5. Candidates must be proposed by a Member Organisation or the Committee itself. Each such proposal (unless made by the Committee itself) must be accompanied by a short curriculum vitae of the candidate and the written consent of the candidate to the proposal. 6. The Chair shall be entitled (but not obliged) to request the proposer of any candidate or the candidate to furnish such further information as the Chair with absolute discretion shall consider necessary for the Committee to consider a proposal. 7. The Committee shall not be limited to considering the candidates proposed to it but shall be entitled (and, if it considers it appropriate, obliged) to put forward its own proposals of one or more candidates. The Committee may put forward a name at any time up to the election itself. 8. The Committee may invite such candidates as it thinks fit to attend for interview before it, or a sub-committee, at or prior to any Committee meeting. 102 9. The Committee shall meet at or prior to the first meeting of the Association’s Council in 2004 to consider its recommendations. The names and other information considered relevant by the Chair after consultation with the Committee relating to all persons validly proposed to or by the Committee shall (if considered practicable by the Chair) be sent to all members of the Council of the Association before that meeting and (if not so sent) made available at that meeting.. 10. The Committee shall promptly thereafter (a) decide upon its recommendations, (b) notify the same as swiftly as practicable to all persons validly proposed to or by the Committee and (c) inform those who will not be recommended by the Committee that they will not be eligible for election unless, within 30 days of such notification being given, they are re-nominated in accordance with paragraphs 4 and 5. Any such person who is not so renominated shall not be eligible for election and his or her name shall not be sent pursuant to paragraph 11 and shall not appear on the ballot paper for the election itself. 11. The Committee’s recommendations, together with the same information as in paragraph 9 in relation to all persons whose names, after following the procedure in paragraph 10, will appear on the ballot paper, shall be sent to all members of the Council of the Association with the agenda for its meeting due to take place at the Conference in Auckland in 2004. 12. In recommending candidates the prime consideration of the Committee shall be the ability of the candidate to make a substantial contribution to the Association and, in particular, to the work of the BIC. Candidates shall be required to commit during their term of office to attendance at the time of Council Meetings of the Association and the Association’s Annual Conference. 13. Decisions of the Committee shall be made by a simple majority of votes. In the event of a tie, the Chair shall have a casting vote. Proxy voting shall not be permitted. A member of the Committee who is unable to attend a meeting of the Committee shall be entitled to express his views in writing or by telephone on any matter on the agenda for that meeting. Such a member may also join the meeting and vote by telephone. 14. All proceedings of the Committee shall be confidential. 15. The Committee may, if it believes two candidates for any position to be of equal merit, state this in its recommendations. In such a case, both candidates shall be deemed, for the purposes of paragraphs 10 and 11, to be recommended. 16. A candidate may withdraw his or her candidacy at any time. Any such candidacy shall be deemed withdrawn if the candidate is not renominated in accordance with paragraph 10. 103 17. When the vote is taken on the relevant election, each vote shall be conducted by secret ballot if there are more candidates than the number required to fill the relevant office. The names of all persons validly proposed and eligible for election to each office whose candidacy has not been withdrawn before the meeting shall appear on each ballot paper. In the case of Officers of BIC, the order in which ballots shall be taken shall be: (i) (ii) (iii) (iv) (v) Chair 1st Senior Vice Chair 2nd Vice Chair 1st Officer at Large 2nd Officer at Large The number and percentage of votes cast for each candidate in each ballot will be announced to the meeting. 18. The candidate who obtains the highest number of the votes cast in each ballot shall be deemed to be elected, even if that number does not constitute a majority of the votes cast. Only Councillors appointed by Full Member Organisations and entitled to vote, shall vote. 104 9. Member Organisations Pending Applicants awaiting approval The following organisations have submitted applications to join the IBA and are pending a recommendation from the Credentials Committee to the Council. Full 1. Auktorisoidut Lakimiehet - Aujtoriserade Jurister - Authorized Attorneys at Law (Finland) 105 10. Reports from IBA Divisions a) Legal Practice Divisions I am pleased to deliver the following update to my May 2016 report to the IBA Management Board and IBA Council which summarises the development of activities within the Legal Practice Division. Before describing the activities in detail, I will refer to the priorities of my mandate, to other hihlights of the same and to the LPD Officers retreat of July 2016. Priorities This being my last report as Chair of the LPD, I would like to make an assessment of these two years in terms of priorities and their achievement: ● ● ● ● ● ● ● Quality has remained the focus of the Division and has stemmed to all LPD activities. Across the Division we are very conscious that it is only through quality that we may continue being a leading association. In particular, the Quality Committee is performing an outstanding work in keeping our committee officers engaged with quality; Evaluating, increasing and enhancing the offering of the LPD. For such purpose, we engaged with the former Chairs of the Division and worked more closely with the Division’s Council. The LPD Officers together with the former chairs of the Division launched a review process of the LPD identifying our strengths and weaknessess, planning actions to improve our current position. The review successfully started in Vienna and its has continued in Barcelona and now in Washington. This may remain as work in progress; Increasing activity and the IBA’s visibility in the Middle East and China. I am glad to report that this has been achieved. Regarding the Middle East, 2016 has been the year when the Arab Regional Forum held its first regional conference, this being a great success for the LPD and the entire Association. Other activities are now being planned in the region. As regards China, we have been very active with a number of specialist conferences such as the Arbitration Day held in Shanghai. The creation and great performance of the China Contact Group have contributed to this goal. Developing our offering to corporate counsel. The Corporate Counsel Forum has been revitalised and we can now proudly say that it is at the level required for our IBA standards. The new Corporate Members scheme has attracted more than 23 leading multinational corporations, their in-house legal teams benefitting from membership of the Association. Closed events for in-house counsel were planned for Vienna (with great success) and also for Washington as well as special events at specialists conferences. Finally, the first Corporate Members Day gathering general counsel from members under the Corporate Members scheme will be held in November 2016. This area of development is key for the IBA as further participation of in house counsel was needed in order to complete the map of legal practitionners within the Association. Encouraging better engagement and co-operation between the LPD and other areas of the Association. This has been achieved thanks to the joint effort and great attitude of the leadership of SPPI and BIC. There has been cross participation at meetings and retreats and the role of the LPD and SPPI representatives at the respective Councils has been enhanced. The the first joint meeting of the SPPI, BIC and LPD Officers and Council members is planned to be held in Washington DC. Improving succession planning within our Committees and Fora. This has deserved special attention by the LPD officers reviewing the status of the 57 committees and fora of the Division so that continued leadership at different levels is ensured. Ensuring that the quality of work within the LPD Committees is showcased. Finally, we have strengthened the communication of the Division activities, which has also been 106 achieved through the provision of written articles being published in IBA E-News and Global Insight, amongst other. Other highlights ● ● ● We have maintained the level and number of specialists conferences as well as their wide regional reach. 43 specialist conferences were held in 2015 and 47 in 2016. Our flagship events such as M&A in NY, the Arbitration Day, the biannual Latin American Regional Forum conference, have continued gaining strength and we have successfully exported the model to other regions. The activity of the 57 committees and of the fora has been reviewed. We are proud to say that they are keeping up with the expectations, thus maintaining the interest of their members in being part of the Association. Main new activities have been promoted as follows: - A first conference covering the Europe-Caucasus- Asia economic region was held under the umbrella of the European Regional Forum in 2016. Further work needs to be done to have a stable presence in the area. - The first Private Equity spcialist conference will be held also in 2016. This is an event which we hope will become another IBA flagship event in the medium term. - The creation of a committee to deal with agriculture law has been studied, having this topic as main theme of one of our specialists conferences in 2016. The conclusion reached is that there is no need for a stand alone committee, whilst legal matters related to agriculture may be dealt with by other existing committees. - The Annual Investing in Africa Conference organised under the lead of the North American Forum was succesfully held for the first time in NY in 2015, repeating its great achievement in London in 2016. LPD Officers’ Retreat 2016 The LPD Officers together with IBA President, David W Rivkin, and senior IBA staff members, Mark Ellis, Tim Hughes, Ronnie Hayward and Joe Bell, had a very productive two day meeting in Marbella, Spain during July to review the Division’s activities and discuss ways in which we can build on the impressive work that is already being produced by the LPD Committees. The most important matters discussed at the Retreat are included in this report. The summary of the Division Activities since the mid-year meetings is included below: 1. LPD Specialists Conferences: educating and networking As mentioned above, during 2016 the LPD has invested in launching new activities in regions where the IBA had less visibility as well as in legal areas where we had not been sufficiently active yet. This was the case of the Arbitration Day Conference held in Shanghai, of the Mediterranean Conference that showcased as new topic agriculture law (a legal area not directly represented by a Committee); the Arab Regional Forum, which held its first specialist conference in the region since 2010. We will also repeat the success of the specialist conference on M&A in the Technology Sector to be held in Tel- Aviv in September and host the first Start Ups Conference in November, in London. I am also pleased to report the following conferences held since I submitted my last written report for the Barcelona meetings, were also very successful for the Division: 107 IBA Annual Litigation Forum 2016 San Francisco, USA, 27-29 April 27th Annual Conference on the Globalisation of Investment Funds New York, USA, 8-10 May 19th Annual IBA Transnational Crime Conference Panama City, Panama, 11-13 May Dispute Resolution in the Arab Region Dubai, UAE, 16 – 17 May 12th IBA Competition Mid-Year Conference Mexico City, Mexico, 16-17 May 32nd Annual IBA/IFA Joint Conference on International Franchising Washington DC, USA, 17-18 May 33rd Financial Law conference Athens, Greece, 18-20 May 22nd Annual IBA Global Insolvency and Restructuring Conference Milan, Italy, 22-24 May 2nd IBA Global Entrepreneurship Conference - Getting the Right Partners on Board of a Growth Company Barcelona, Spain, 23-25 May APAG Training Day 3 June, Kuala Lumpur, Malaysia IBA ECA Forum Kiev/Lviv, Ukraine, 15-19 June 4th Annual World Life Sciences Conference San Francisco, USA, 3-4 June 27th Annual Communications and Competition Conference Amsterdam, the Netherlands, 6-7 June 4th Mediterranean Conference Rome, Italy, 6-7 June 15th Annual International Mergers & Acquisitions Conference New York, USA, 7-8 June 14th Annual IBA Anti-Corruption Conference Paris, France, 15-16 June 108 Opportunities and Challenges for the Oil & Gas Business: from a North Sea and Atlantic Perspective Oslo, Norway, 23-24 June 2nd Annual IBA Investing in Africa Conference London, England, 29 June – 1 July 20th Annual Competition Conference Florence, Italy, 14-16 October Balkan Legal Forum 2016 Vienna, Austria, 27-28 June There are still a further 10 regional and specialist conferences scheduled for the remainder of 2016 which we are confident will also provide good examples of what the IBA offers to private practitioners. Our programmes coming up are as follows: 20th Annual Competition Conference Florence, Italy, 14-15 October 8th Annual ‘Mergers and Acquisitions in Russia and CIS’ Conference Moscow, Russia, 18 October 2nd Annual Mergers and Acquisitions in the Technology Sector Conference Tel Aviv, Israel, 27-28 October Anti-Corruption in Asia Seoul, South Korea, 3-4 November 3rd Annual Corporate Governance Conference Miami, USA, 3-4 November IBA European Start Up Conference London, UK, 16 November IBA Private Equity Transactions Symposium 2016 London, UK, 17 November The New Era of Taxation: What You Need to Know in a Constantly Changing World Amsterdam, The Netherlands, 17-18 November 2nd IBA Litigation Committee Conference on Private International Law Milan, Italy, 17-18 November Mediation & Arbitration: Best Friends or Best Enemies? A view from Asia Hong Kong, 1-2 December 2. The 2016 Annual Conference, Washington DC The LPD has over 190 sessions to be held across all 5 days of the conference week. As with our specialist conferences, it is more the scope of such sessions that is so outstanding. We can honestly say that there is no legal development in any area of law which is not covered by one of the 109 sessions. I draw your attention to some of the top sessions we have planned as follows: The LPD Showcase, led by our Corporate and M&A Law Committee, will be held on Tuesday afternoon focusing on the issues faced by multinational businesses in response to the increasingly regulated business environment. This session will aim to address key business law matters such as the risks met by business leaders in terms of liability, the management of crisis and the role to be played by both in house counsel and external counsel. The session will include Senator Chris Dodd, chairman and CEO of the Motion Picture Association of America; Felix Ehrat, Group General Counsel and member of the Executive Committee, Novartis; Sabine Chalmers, Chief Legal and Corporate Affairs Officer, Anheuser Busch InBev; Graeme Miller, CEO of JT Global, Laura Stein, executive vice-president and general counsel, the Clorox Company (invited) and other top executives from leading multinational corporations. 3. • In response to the shock outcome of the UK’s referendum to leave the European Union, the Regional Fora Coordination Committee has developed an exciting programme dealing with the ‘Brexit’ decision and what this will mean for the EU and the rest of the World. • The European Regional Forum jointly with the North American Forum will look at the landmark deal negotiated between the US and the EU, the Transatlantic Trade and Investment Partnership and at its impact in the business environment of both continents. Also, all regional fora will lead a discussion under the heading “The world invests in North America and North America invests in the world” to look at the various legal and practical challenges that affect inbound and outbound investments. These are timely and appropriate topics given the conference location. • Finally, the LPD will hold its lunch on the Wednesday and we are honored that the Chairwoman of the US Securities and Exchange Commission, Mary Jo White, has accepted the invitation to be our key-note speaker thanks to the help of David Rivkin. We expect this lunch to be one of the key meeting points of the Conference. Corporate Counsel Forum The advances in this significant area are as follows: ● ● The number of corporations joining the IBA continues to increase and we now have 23 companies signed up, including: Shell International Limited; BG Group PLC; UBS AG; Novartis International AG; ABB Switzerland Ltd; Hess Corporation; General Electric International Inc, GlaxoSmithKline; Occidental Petroleum Corp; Standard Chartered Bank; Shroders; Rio Tinto; Saltgate; Libra; Helaba; Engie; BP; Aviva; Statoil ASA; Bank Indonesia; London Life; SCOR SE and Tata Sons Ltd. We have planned an attractive programme for Washington which will include inviting GCs of top multinational corporations to participate in a roundtable breakfast meeting, closed to corporate counsel only. Andrew Ceresney, Director of the SEC’s Enforcement Division, will give the keynote address. ● The inaugural Corporate Members Day will be held which is to be held on 29/30 November in London. Further details will be circulated very soon. 4. Developing our presence in specific regions The regional fora have proved to be one of the most effective tools to ensure the IBA visibility in 110 the different regions. As said, a priority during this mandate is to strengthen our presence in the Middle East and in Asia, so special attention is being paid to the regional fora focusing in those areas. Also, as a consequence of the increased activity of our fora, the IBA Regional Fora Coordination Committee has an increasingly important role linking them more closely with each other and with our committees and sections across both Divisions. The Committee, made up of the fora leadership and representatives from LPD and PPID will meet as a group during the Conference in Washington. As regards each particular forum, the most important is that detailed below. 4.1 African region Recognizing the need to increase IBA activity within the African Region we continue to encourage all LPD Committees to consider Africa when planning activities for 2017. 4.2 Middle Eastern region The Arab Regional Forum held its first Regional Conference in May 2016, this was a great achievement and an outstanding success for the Division. The topic of the conference, centred around Dispute Resolution, brought together a number of LPD committees. We hope the success of this event will lead to more conferences being planned in the region annually. 4.3 Asia Pacific region The Asia Pacific Region continues to be of much interest to the Committees. The Arbitration Day, held in Shanghai on 4 March, was yet another outstanding success for the Committee attracting over 500 delegates, 80 of who were from China. Unfortunately our plans for China have been temporarily put on hold whilst the IBA considers at what level it wishes to engage with the 2016 PRC Law On The Management Of Foreign NonGovernmental Organizations’ Activities Within Mainland China. This regulates the registration and oversight of NGOs both resident and non-resident operating in China and will become effective on 1 January 2017. It was decided at the Management Board meeting in Barcelona that a sub group of the Management Board will be formed to consider the wider IBA approach to this and how and if the IBA should engage with this process. Until then, we will continue promoting our other events in the region, most importantly the Asia Pacific Regional Forum Conference that will take place in Mumbai in March. 4.4 Europe 2016 has been another busy and exciting year in Europe. A full calendar of events took place across Europe with still another 8 events to be held. In addition to the specialist conferences, the European Regional Forum continued its successful programme of bilateral legal days between neighboring countries or countries that share mutual interests and therefore benefit from a more in-depth understanding of each other’s laws and processes. The first IBA ECA Legal Forum Conference also took place this summer under the umbrella of the European Regional Forum. This initiative was aimed at developing the presence of the IBA in the Europe-Caucasus-Asia economic region (Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan). Further meetings will be held in Washington with the organisers of the Conference and the European Regional Forum to see how this can be taken forward in 2017. 111 4.5 Latin America The number of events held in Latin America continued to increase through 2016 and already a number of specialist conference proposals have been received for the region in 2017. 4.6 North America I am delighted to report that the 2nd Annual Investing in Africa Conference, organised under the lead of the North American Regional Forum, was another outstanding achievement for all those who contributed. This conference is unique in the way that NAF very actively involved other regional fora and specialist committees within the IBA. Not only did NAF work closely and share leadership responsibility with the African Regional Forum, but also NAF invited the following committees to be entirely responsible for significant portions of the conference who selected topical issues for discussion: Power Law Committee, Mining Law Committee, Oil and Gas Committee, Banking Law Committee, and the Law Firm Management Committee. This not only substantially increased the quality and depth of substantive discussions, but also made the committees more involved and more willing to support the conference in active ways. This was yet another shining example of how our Regional Fora work together and with the specialist committees to develop a programme attracting over 120 delegates. 5. LPD Committee Projects The LPD continues to enhance the IBA’s global offering through a number of projects initiated by the Committees and or by contributing to the impressive work of the IBA Legal Policy and Research Unit. Here follows some of the projects currently being undertaken by the LPD Committees which demonstrates the remarkable quality of the LPD: 5.1 LPD Working Group on Digital Identity (formerly known as the LPD New Media Working Group) The Working Group, Chaired by Sylvia Khatcherian and supported by Erik Valgaeren, Peter Bartlett and Laura Christa, has developed and published a set of high-level Principles around the collection, use and sharing of digital identity information that could serve as the basis for engaging in dialogue with all relevant stakeholders. The draft report is now available on the IBA website at http://www.ibanet.org/LPD/Digital_Identity.aspx. 5.2 Next phase of the President’s Task Force on Climate Change Justice and Human Rights A number of LPD Committees including those in the Dispute Resolution Section, the Energy, Environment, Natural Resources and Infrastructure Law Section and the Corporate Social Responsibility Committee continue to to contribute to this important initiative undertaken by the IBA in 2013. The Arbitration Committee will again contribute to a joint event with the Arbitration Institute of the Stockholm Chamber of Commerce coinciding with the Conference on Climate Change (COP 22) in Stockholm in November. The objective of the meeting is to introduce NGOs amd other representatives at the meetings to alternative dispute resolution mechanisms, including but not limited to arbitration, in the specific context of climate change implementation and disputes. 112 5.3 Judicial Integrity Initiative Assisted by the LPD Anti-Corruption Committee leadership, the IBA Legal Policy Research Unit (LPRU), in partnership with the Basel Institute on Governance, has published The International Bar Association Judicial Integrity Initiative: Judicial Systems and Corruption. The report has been created using the results of a global survey that involved 1,577 legal professionals from 120 countries, in country consultations and additional research. The report identifies the patterns underlying corrupt behaviour in the judiciary, the types of corruption that affect judicial systems and the roles played by the various professionals operating within them. In particular, it focuses on concerns about bribery and also undue influence on judicial decisions, and the impact that these problems have on respect for the judiciary and for government as a whole. 5.4 Recognition and Enforcement of Arbitral Awards In October 2015, the Subcommittee on Recognition and Enforcement of Arbitral Awards published a report on the public policy exception in the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York Convention’). For the preparation of this report, the Subcommittee conducted a comparative study, for which it solicited and received national reports from Arbitration Committee members. The General Report and the reports on the 43 jurisdictions covered so far are available on the Arbitration Committee’s website. 5.5 Family Law Committee The Family Law Committee have embarked on a number of interesting projects including a case law project, creating a platform on the Committee's website where members can share significant, interesting and useful family law cases involving an international element from their respective jurisdictions for fellow Family Law Committee members to view and learn from; assisting the Access to Justice and Legal Aid Committee of the SPPI with their project looking at access to justice for children. 5.6 Division Project Before my term as LPD Chair is over it is my intention to establish a Division wide project addressing a cutting edge topic appealing to a number of the Division’s Committees. Cybersecurity is already being considered as the focus of this project aimed at corporations and businesses dealing with corporate governance and board oversight of cybersecurity risks and best practices relating to preparedness and reacting to data breaches. 6. Influencing rules, procedures and legislation in specific areas Our Committees continue to engage with global, regional or national authorities to help shape the dialogue and the changes or reforms being considered. Several papers have been submitted to the EU European Commission in the context of consultation processes in areas such as Tax, Anti-Trust and Insolvency. Most recently, the Insolvency Section has responded to a consultation launched by the EU on an effective insolvency framework within the EU. The Capital Markets Forum has also made a submission to the International Auditing and Assurance Standards Board on enhancing audit quality in the public interest. 113 7. Encouraging lawyers new to the profession The LPD has finalised its scholarship programme for the 2016 Annual Conference, selecting 16 scholars from applicants who wrote essays on current topics selected by various Sections and Committees in the Division. Scholars are entitled to attend the Annual Conference and 2 years’ membership in the IBA, and are matched with mentors from the relevant Section to help them gain the most benefit from their conference experience. A number of former scholars have maintained their interest in our work and have taken up positions in the leadership of our Committees. Additionally, the 4 winners of this years’ SEERIL Scholarship Award, have been announced. This scholarship was created to fund the advanced studies of research in the fields of energy and natural resources. The various Committees and Fora also have individual initiatives to encourage young lawyers, including specialist conferences by the Taxes and International Construction Projects Committees and competitions such as that which the Mediation Committee has established with the Vienna International Arbitration Centre (“VIAC”) and the European Law Students Association (“ELSA”). I am pleased to report the 2nd CDRC Moot Competition, held in Vienna in July, was another success for the Mediation Committee with over 20 participating universities. We also continue our work with young lawyer organizations such as AIJA designing programmes relevant to young and newly qualified practitioners. 8. Strengthening relationships with other organizations The LPD Committees continue to explore opportunities for increased collaboration with other organisations most notably the World Bank, OECD, ABA and UNCITRAL amongst others. The Arbitration Committee, International Sales Committee and Insolvency Section will each actively contribute to a three day Congress, in July 2017, hosted by the United Nations Commission on International Trade Law to celebrate its 50th anniversary and explore new directions in crossborder commerce. The Insolvency Section also continues to strengthen its relationship with UNCITRAL through its recognized contributions to the UNCITRAL Insolvency Working Group sessions held annually in New York and Vienna, where the Section also hosts a networking reception. 9. Educating through editorial content 9.1 Journal publications The LPD maintains the quality and substantive depth of the following journal publications, which are available to members in hard copy and online: • Business Law International • Competition Law International • Dispute Resolution International • Insolvency and Restructuring International • JERL 9.2 Magazine publications In-House Perspective has moved online and to e-magazine format with a view to greatly increasing its circulation, working with the membership team to support the new category of IBA membership for corporate counsel/in house lawyers. 114 9.3 Committee publications In 2016 we continue the path initiated last year of producing and disseminating the LPD Committee and Fora content through online publications. In 2015, 645 articles from 33 committees were published, and 26 e-bulletins circulated. We expect similar achievements in 2016. 9.4 Books programme The effort of publishing substantial legal works with the IBA brand continues bearing fruits, as follows: Published up to end of 2015: • • • • • • Current Issues and Future Challenges in International Arbitration, (IBA E-book – December2015) Banking Confidentiality (6th edition (Bloomsbury Professional) Gwen Godfrey (Ed) (published January 2015) (Banking Committee) Financing Company Group Restructurings (Insolvency Section) (OUP) – published September 2015 Social Media and Employment Law- and International Survey, (Kluwer) – published September 2015 General Counsel in the 21st Century (Globe Law and Business) (Part of series initiated by Business of Law, published in 2012) (Law Firm Management Committee) – published September 2015 Retention of Title In and Out of Insolvency (Globe Law and Business) – published December 2015 To be published in 2016: • Director’s Liability: A Worldwide Review (3rd ed) (Kluwer Law) – due to publish December 2016 • • 10. Corporate Social Responsibility (2nd edn) (Kluwer) (CSR Committee) – a new edition is currently being discussed with potential new editors, Roger Martella of Sidley & Austin and Rae Lindsay of Clifford Chance. Publishing date to be confirmed. Company financing: alternative funding for private companies (Closely Held and Growing Business Enterprises Committee (Globe Publishing) – Publishing date to be confirmed. Cooperation with other IBA constituencies We are very glad to see that communication and collaboration between the LPD and other IBA constituencies, in particular SPPI, continue to grow and we look forward to the first joint meeting and social gathering of our Councils in Washington where we will discuss and identify opportunities for working more closely with the SPPI and BIC in the future. As my term as LPD Chair comes to an end this year, I would like to take this opportunity to thank our LPD Vice-Chair, Jaime Carey, LPD Secretary-Treasurer, Jon Grouf and LPD Assistant Treasurer, Peter Bartlett for the tremendous support they have provided me and for their commitment to the advancement of the work of our Committees, our Division and the IBA. I also wish to express my gratitude to the staff at the London office for their impressive work regarding all LPD activities, especially to Mark Ellis, Tim Hugues and Joe Bell. And to the Head of Divisions, Ronnie Hawyard, who has had my back and has played a critical role in accomplishing the shared goals we have for the LPD. It has been a privilege to lead the Division with them and I am proud of 115 all that was achieved by our Division during my tenure. I look forward to remaining active within the IBA and to the continued success of our Association. Almudena Arpon de Mendivil Chair, Legal Practice Division August 2016 b) Section on Public and Professional Interest I am delighted to provide to the Management Board and the IBA Council my report on the activities of the Section on Public and Professional interest (SPPI) since my last report for the Mid-Year meeting in Barcelona in May. With my term as Chair of the SPPI coming to an end, this will also be my final report. Over the past three months since May, the primary focus has been on preparing for the Washington Conference, which is shaping up to be one of the most successful and exceptional Annual Conference’s held by the IBA to date. The SPPI through its 17 Committees has put together an outstanding programme of session topics and speakers, supported by other activities planned during the Conference week. 1. Strategic Priority: Strengthening the SPPI Council and Committees Before reporting more fully on the highlights of the SPPI programme for the Annual Conference, I would like to briefly highlight the focus and work that has been undertaken since the beginning of 2015 to strengthen, enliven and refocus the SPPI. Much has been achieved over the past nearly two years: • • • • • • • The SPPI Council now comprises senior and respected members drawn from across the IBA and who have brought a new level of leadership to the SPPI; Strategic priorities for the SPPI as a whole were identified and have been pursued (see below); A broad based change agenda has been pursued that has challenged the ‘status quo’ within and across the SPPI; Engagement between the SPPI leadership (Officers and Council) and Committee Officers has increased, with a focus on providing guidance and support (and where necessary, accountability); The ‘expectations’ of the SPPI Committees and their contributions, as well as the appointment and promotion of Committee Officers, has been more clearly articulated; SPPI Council, SPPI Council and Committee and PPID Open Forum meetings have had both a change of format and content in an attempt to make them more relevant, engaging and interactive; and Engagement with other parts of the organisation, and the BIC and LPD in particular, has improved and continues to do so in an increasingly collaborative way. Whilst there is still more work to do, these and other initiatives have provided a start, and ones that appear to be resonating positively within the SPPI. As the Management Board and IBA Council will be aware from my previous reports, since early 2015 the leadership of the SPPI has identified and then worked on four key strategic priorities, 116 namely: Branding and Messaging SPPI Flagship Project(s) Committee Activities and Projects (non-annual conference related) SPPI Long-Term Outreach At the Mid-Year meeting in Barcelona, the SPPI Council and Advisory Board presented a further status update on the progress and implementation of the work done on these four strategies. This was followed by a brief discussion with Committee Officers and provided another opportunity for feedback, input and suggestions. Whilst the focus on and discussion of these strategic priorities has been beneficial in itself, a first tangible outcome of this work will be a joint SPPI Newsletter, showcasing the important work of the SPPI Committees and further emphasising their relevance. This is being spearheaded by Sarah Hutchinson, Co-Chair of the Academic and Professional Interest Committee, together with Jeffrey Merk, Communications Officer of the Professional Ethics Committee. Another outcome has been the increasing interaction by SPPI Committees with relevant LPD Committees. Joint activities and work between Committees is growing stronger. In Washington, DC, the next step will be taken by holding a joint event, bringing together both the LPD and SPPI Councils to provide an opportunity to enhance awareness and increase collaboration. As previously mentioned, another key priority has been to provide relevant and interesting content as part of the SPPI Council and Committee meetings, as well as at the PPID Open Forum (being the joint meeting with the Bar Issues Commission and Human Rights Institute). In Barcelona we were delighted to have had Sylvia Khatcherian and Margery Nicoll provide an outline of the work of the IBA Presidential Task Force on the Independence of the Legal Profession and leading a brief discussion of its objectives. This was then followed by our guest speaker, Philip Wood, Special Global Counsel of Allen & Overy, who focussed on the issues arising from his latest book entitled “The Fall of the Priests and the Rise of the Lawyers” – where he shared his thoughts and insights against the backdrop of the independence project with a special focus on commercial reality and developments. 2. IBA Annual Conference, Washington DC 2016 Turning to the Annual Conference, I am especially pleased to report that, once again, the SPPI Committees and entities are planning a full programme of truly excellent sessions in Washington DC The programme of sessions will address contemporary areas of global professional interest and issues integral to the profession in the current legal and economic climate. Whilst only a few highlights are set out in my report, I encourage you to take a closer look at the full programme, where the many relevant, thought provoking and topical sessions are more fully listed, led by an array of high-profile speakers who will be joining us in Washington, DC The Young Lawyers’ Committee, under the leadership of Initiatives Officer, Alberto Mata, has once again organised a wonderful training course to be held the Saturday immediately preceding the opening of the Conference. This course provides young lawyers a unique platform to learn from senior professionals in the legal industry, discuss topics and issues and network. This year’s event will be held at Georgetown Law. On Sunday at the PPID Open Forum, we are especially fortunate to have Richard Godden, Partner at Linklaters, who will join us to discuss key areas threatening the rule of law within a business 117 context. Richard will also draw on the work leading to the Linklaters report, “In Defence of the Rule of Law. Challenging the erosion of the legal certainty and fairness that business needs”. Once again both the Outstanding Young Lawyer and the Pro Bono Lawyer of the Year awards will be presented on Monday, the day when the Women Lawyers’ Interest Group will hold its annual well-attended luncheon. On Thursday, the Public and Professional Issues Showcase will be held with the title, ‘The US’s Long Arm of Justice and What it Means to the World’. The Showcase will discuss the legal theories on which the US seeks to base its extraterritorial jurisdiction and will also consider whether or not those theories can be justified. Following this, the Public and Professional Issues Annual Luncheon will take place. On Friday, the annual Rule of Law Symposium will be held and this year it will examine two very relevant, topical and highly challenging issues. The morning programme is entitled, “Voices of the Next Generation”. This promises to be an enthralling and insightful session where young lawyers from the Middle East discuss a project through which they shared views and jointly analysed issues that have bitterly divided the region. The afternoon programme is entitled, “Combating International Terrorism: Implications for the Rule of Law”. Various SPPI Committees have also organised a number of offsite tours. With numbers limited, they will almost certainly fill quickly – such as those being organised by the Judges’ Forum to the Supreme Court of the United States on Monday afternoon and a tour of the US Court of Appeal (DC Circuit) on Thursday afternoon. On Wednesday, the Law Firm Management Committee will organise visits to a number of law firms. 3. Supporting Presidential Priorities and Initiatives The Presidential Task Force on Human Trafficking The Task Force is currently at the stage of conducting the training in the two jurisdictions previously selected, being Singapore and England/Wales. The training in Singapore took place over two days (19-21 July) and was co-facilitated by Anne Gallagher (Task Force Co-Chair) and Albert Moskowitz (former US Department of Justice prosecutor and prosecutorial adviser to the United Nations and ASEAN Member States). It was preceded by a planning meeting that involved key senior officials from the three participating agencies: The Attorney-General’s Chambers (responsible for leading all TIP prosecutions under both the Trafficking Law and the Women’s Charter); the Ministry of Manpower (responsible for investigation and referral of prosecution of trafficking for labour exploitation) and the Singapore National Police. The purpose of the training workshop was to build the capacity of criminal justice practitioners in Singapore to investigate and prosecute trafficking in persons’ cases effectively and fairly, thereby contributing to ending impunity for traffickers and securing justice for victims. With 60 senior practitioners participating, each of the three partner agencies were equally represented. The planning for the training in England/Wales is currently underway, with an update to follow in the next report. Climate Change Justice Report: Implementation and Outreach 2015-16 The Access to Justice and Legal Aid Committee continues to support and be involved in this Task Force and its work. As part of their engagement, the Committee has agreed to review the draft of the Model Statute from an access to justice perspective. 118 In addition, at the initiative of the Committee representative, Andrew Mackenzie, the prospect of discussing the project with officials in the Scottish Government was raised, given its Climate Justice Fund and ambitious climate change targets. Talks are also underway with the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) at the University of Dundee as a possible resource for maintaining the Network of Climate Change Counsel (a database of interested experts in the field). It is proposed that the Task Force will next meet in Washington, DC Judicial Integrity Initiative Martin Daubney, Chair of the Judges’ Forum, has been participating as a member of the expert working group of the Judicial Integrity Initiative, which was consulted in the preparation of the recently released report entitled, “The IBA Judicial Integrity Initiative; Judicial Systems and Corruption”. The intent of this Task Force is to address judicial corruption at the root level and their work will continue as they study four model bar associations. Joint IBA-OECD Presidential Task Force The aim of this newly formed Task Force will be to consider and make recommendations about some of the issues that arise from the activity of lawyers, including in connection with international transactions and structures. The SPPI has been represented through its Professional Ethics Committee, which has been actively involved in the ground work to establish this Task Force and its agenda. 4. Important and Significant Work of the SPPI Committees Academic and Professional Development Committee To provide current research and empirical data to help inform discussion in Washington DC, the Academic and Professional Development Committee is currently conducting a survey among law schools and law firms to assess the extent to which they provide access to students and trainees to be versed in both civil and common law jurisdictions. The results of this survey will be presented at the sessions entitled, “Creating Lawyers Who Can Work Across Civil and Common Law Jurisdictions”. Human Rights Law Committee Since 2015, the Committee has been producing a series of videos based on interviewing prominent human rights lawyers and advocates to highlight the challenges of protecting human rights in the 21st century. The most recent interview conducted was with the United Nations Commissioner for Human Rights, Zeid Ra’ad Zeid Al-Hussein. The interview can be found on the website of the Committee and is another excellent and insightful addition to the interview series. Law Students’ Committee As part of its plans to raise the level of awareness of the Committee, particularly in Asia, the Law Students’ Committee held its first Asia conference in Hong Kong this July. The focus of the conference was on “Financial and Corporate Law in Asia”, with topics including: 119 • • • • • • • • Slowing-down post-crisis regulatory reform. Does this demonstrate the success of the banking lobby and is such a weakening of reform needed for growth? From profit maximisation to public accountability: corporate governance and corporate social responsibility Post Panama: tax avoidance and fraud The future of competition law in Hong Kong: lessons to be learned from other jurisdictions Becoming an international lawyer in a global legal services economy The emerging role of technology in the legal landscape Islamic finance: Where can we go from here? ‘International Arbitration and Practice’ and a debating competition With over 100 attendees, the conference was a big success and the Committee is now focussing on its annual conference in London, taking place at Queen Mary University this November. As mentioned in my last report, we are delighted that both Co-Chairs of the Committee will be joining us at the Annual Conference in Washington, DC and I would encourage everyone to actively reach out to this Committee which will hopefully expose the IBA, its work and importance to future potential members of the IBA at the earliest stage of their legal career. Law Firm Management Committee To support the continued global outreach of the Committee, the PPID Activity Fund provided a grant for Hermann Knott from the Law Firm Management Committee to attend a Roundtable held by the Kazakhstan Bar Association and Republican Collegium of Advocates on the “Regulation of the Legal Profession” in May. As part of his participation, Hermann organised a master-class on “Successful Lawyers in Thriving Law Firms”. Key points discussed were client management and development issues, the role of technology, talent management, fee structures and international cooperation. Shortly thereafter, Hermann Knott and Eric Jiang, Vice Chair - Asia-Pacific of the Law Firm Management Committee, conducted a law firm management training programme in Mongolia. This event was jointly organised by the Mongolian Law Society and local firm ELC. The topics of establishing modern partnership structures, managing growth, hiring and developing young lawyers and client relationship management were of great interest both in the formal sessions and informal discussions. Rule of Law Forum As previously reported, the Rule of Law Forum has changed the focus of its role and activities to that of bringing together representatives of Committees from the SPPI and across the IBA whose work relates directly to the rule of law. This is with the intention of enabling the IBA to advance this important area with greater meaning and impact. To that end, a very successful inaugural meeting was held during the Mid-Year meeting in Barcelona. The second meeting will be held during the Annual Conference in Washington, DC Participants have been asked to identify and present briefly on one or more (up to three) Rule of Law issues that, from the perspective of the Committee, Forum or Organisation, are seen as prominent, serious, or warranting attention by the international community. Based on this input, the group is then looking to compile a list of important rule of law issues/topics around the world and to use this as the basis of its work going forward. 120 5. Recognising Outstanding Achievements As previously mentioned, on the Monday of the Annual Conference week we will again be recognising the outstanding achievement of a young lawyer and a lawyer in the field of pro bono work, thanks to the continuous support of LexisNexis and their sponsorship of the awards. Young Lawyers’ Committee – The Outstanding Young Lawyer of the Year Award This year’s award will be presented at the Young Lawyers’ breakfast, held on Monday 19 September. Impressive nominations have been received from all across the globe and we are excited to announce the award recipient in Washington, DC Pro Bono Committee – Pro Bono Lawyer of the Year Award The prestigious IBA Pro Bono Lawyer of the Year is an award where the Pro Bono Committee annually recognises one lawyer who is leading the profession in building a pro bono culture. The judging panel, on which I sit, had the unenviable task of selecting the award recipient from amongst a large number of very worthy nominees making impressive contributions to pro bono, often in very challenging jurisdictions and/or circumstances involving personal and professional risk. This year the award will be presented at the Committee’s session entitled, “Sustainable Development Goals”. Scholarships I am especially pleased to report that a growing number of SPPI Committees are enabling young lawyers to attend the Annual Conference through a scholarship competition. Interested candidates are invited to write on a specific topic related to the Committee’s work, from which one essay is selected anonymously and the author then invited to Washington, DC This year, we welcome the following scholarship recipients to the Annual Conference: • • • • • • 6. Access to Justice and Legal Aid: Shafaq Asmat, Pakistan Alternative Business Structures Committee: Isobelle Watts, Australia Human Rights Law Committee: Freya Dinshaw, Australia Law Firm Management Committee: Evans Moyo, Zimbabwe Professional Ethics Committee: Oksana Kotsovska, Ukraine Regulation of Lawyers Compliance Committee: Elmer Muna, Estonia PPID Activity Fund Update The PPID Activity Fund continues to be instrumental in enabling and supporting the important and significant work of SPPI Committees, the Bar Issues Commission and the IBA’s Human Rights Institute. At the meeting in New York, and more recently in Barcelona, the PPID Steering Group has approved several applications for exceptional projects and activities in 2016. Details of all the projects funded thus far in 2016 can be found at the end of this report. Further funding applications will likely be received for consideration at the Annual Conference. 7. Conclusion I finish my term as Chair of the SPPI, member of the Management Board and Secretary Treasurer of the Human Rights Institute with a great sense of pride and admiration. 121 Pride for an organisation that makes a difference. One which seeks to make a practical, tangible and enduring contribution to some of the most vexing and challenging issues facing our profession and our society in which lawyers have a role to play. Admiration for the work that every Entity/Committee Officer and Councillor puts in on a voluntary basis in addition to their ‘day jobs” and the tireless dedication and support of everyone in the London, Seoul, Sao Paulo, Washington and The Hague offices. We can all be justifiably proud of our organisation, what it stands for and what it does. Within the large, important and influential organisation that the IBA has become, as outgoing Chair, I’m especially proud of the SPPI and the part it has to play. The 17 Public and Professional Interest Committees of the IBA span some of the most fundamental and important issues that define our profession and go to our very identity as lawyers – issues such as access to justice, the rule of law, human rights law, professional ethics and poverty & social development to name but a few. The achievements that I highlighted at the outset of my report and the important work of the SPPI doesn’t happen by itself, it involves the input and contribution of many, both within and outside the SPPI itself. On behalf of Stephen Denyer and myself, I’d first like to thank each member of the SPPI Council and Advisory Board for their leadership, support and contribution. I could not have asked for a better, more willing or more dedicated team to work with over the past nearly two years. Stephen and I would also like to thank each of the SPPI Committee Officers for their hard work, the contribution they have made and their supportive responsiveness to the changes we have wanted to make and the challenges we have set them. I especially want to single out Astrid. Underpinning everything we do within the SPPI is the hugely supportive and willing members of the London office, and Astrid in particular. For the SPPI, she is unquestionably the ‘glue’ that holds everything together. But more than that, she has been a much valued advisor, provided incalculable support and been a good friend. I’d also like to acknowledge my fellow Chairs, Margery Nicoll, Almudena Arpón de Mendívil, Hans Corell and Helena Kennedy. Like any successful organisation, a structure is required. However, that structure should not define the organisation, nor cause it to act in silos. I’ve especially enjoyed working with and forging closer engagement and collaboration with the LPD, BIC and HRI. My final comments are reserved for my fellow SPPI Officer, Stephen Denyer. With only two Officers and the ambitions we had for the SPPI, Stephen has been instrumental in everything that has been achieved. I have particularly appreciated and want to thank him for his shared vision, thoughtful advice, dedicated commitment and hard work. From next year, under the leadership of Stephen Denyer and his leadership team, I have absolutely no doubt that the SPPI will continue to go from strength to strength and I look forward to seeing that happen and continuing to assist in any way that might be required. Stephen Macliver Chair, Section on Public and Professional Interest August 2016 122 PPID Activity Fund projects approved 2016 Committee Officer Project Description Funding Amount Allocated HRLWG Federica D'Alessandra Video interview series - phase 2 £7,000 February HRLWG Federica D'Alessandra Video interview series - phase 3 £10,000 February LFMC Hermann Knott LFM training in Mongolia and Kazakhstan £5,200 February BIC Søren Jenstrup Additional funding for Regulation projects £1,500 March A2J Lucy Moncrieff £21,800 March HRI Mahmouda Ali Facilitating the establishment of a National Bar Association in Timor Leste £36, 360 May BIC/ARF Peter Koves and Sternford Moyo Helping Zimbabwe's lawyers face globalisation £35,000 June BIC Peter Koves Improving the quality of legal services in Kazakhstan £25,800 June Scott- Access to Justice for Children Awarded 123 c) Human Rights Institute International Bar Association’s Human Rights Institute (IBAHRI) 01 April 2016 – 31 July 2016 1. PROGRAMMATIC ACTIVITIES Afghanistan The IBAHRI continues to provide technical assistance to the Afghan Independent Bar Association (AIBA). The IBAHRI met with the President of AIBA and some of AIBA’s current funders in Vienna, to discuss how to support AIBA to be financially independent. Azerbaijan The IBAHRI continues to develop its technical assistance programme to strengthen the capacity of the legal profession. Following the training in Tbilisi in February 2016 of a group of 20 undergraduate and postgraduate law students from Azerbaijan on human rights, a delegation of Azerbaijani human rights defence lawyers visited the IBAHRI at the IBA Offices in London in March during an international tour, in order to discuss work in Azerbaijan and gain insight into other IBAHRI capacity-building programmes and best practice models. The IBAHRI has successfully applied for more funding to continue to strengthen the capacity of human rights lawyers in Azerbaijan by fostering professional linkages between junior and senior lawyers, with the view to facilitate nurturing of a new generation of human rights lawyers. Therefore, the IBAHRI is currently planning more activities. This will start with another European human rights training session for law students, due to take place in August in Tbilisi. In addition, THE IBAHRI participated in a two-day meeting in Vilnius in June that was organised by the Human Rights House Foundation. The IBAHRI hopes to attend more of these meetings in the future. Brazil The IBAHRI continues with its training programme in Brazil, and is currently seeking new funding to implement a programme to address prison conditions in Brazil, by conducting capacity building for Public Defenders to take cases to national and international courts. The IBAHRI is also continuing to train judges on torture prevention, and held a training seminar in July in Brasilia for judges, focusing on risks of torture and torture prevention during pre-trial detention. A similar training seminar is due to take place with judges in Curitiba in August. The IBAHRI is partnering with the Association for the Prevention of Torture and the local Association of Magistrates to deliver these training seminars. Cambodia Following the IBAHRI’s 2015 fact-finding mission, the IBAHRI continues to explore potential follow-up activities to support the implementation of the report’s recommendations. China The IBAHRI continues to monitor the worsening situation of human rights lawyers and activists in China, and has sent several intervention letters in 2016, as follow-up to the open letter sent in July 2015 and the press release issued in December 2015. In addition, the IBAHRI published an open letter in July 2016, to mark the one year anniversary of the mass arrests of lawyers and legal assistants in July 2015. The IBAHRI also regularly attends high level roundtable meetings with other civil society organisations who are engaged with working in China. In addition, the IBAHRI is monitoring the new law restricting foreign NGO activity in China, and issued a press release expressing concern about it. 124 Egypt The IBAHRI undertook a short follow-up scoping mission in September 2015, to do a scoping analysis of what follow-up activities and training could be facilitated with the Egyptian judiciary. The mission report, including recommendations, has been submitted to the funder and the IBAHRI awaits the outcome and to discuss next steps. Hungary Further to the IBAHRI’s fact-finding mission to Hungary and subsequent fact-finding report launch, the IBAHRI has engaged in UN advocacy activities. The IBAHRI submitted an NGO stakeholder report to Hungary’s second cycle UPR, with comments and recommendations focussing on the independence of the legal profession and related to the findings of the fact-finding report. The IBAHRI then participated in a UPR pre-session meeting organised by UPR Info in March in Geneva, which aimed to provide permanent delegations the opportunity to be informed on the status of implementation of recommendations made during the previous review, while providing space for civil society to influence the process by lobbying several delegations at once. The IBAHRI made oral submissions with regard to legal professional independence in Hungary to an audience comprising Permanent Missions, National Human Rights Institutions and Civil Society Organizations. Iran Subsequent to the IBAHRI’s participation in an Iranian Bar Association conference in Tehran in July and IBA meetings with Iranian Bar Association representatives in Vienna, the IBAHRI is finalising an intervention letter to the Iranian authorities and leading judicial bodies related to the systematic infringement of legal professional independence in Iran. Kazakhstan Subsequent to a short scoping mission undertaken in December 2013, and in order to complement IBAHRI’s ongoing programmes in the region, the IBAHRI is undertaking capacity-building work with legal professionals in Kazakhstan. The IBAHRI undertook a high level scoping mission to Astana and Almaty at the end of April, to start planning for a 6-month long entry phase of a capacity-building and training programme with bar associations and lawyers. In addition, a small delegation of Kazakh lawyers, including the Heads of some of the regional Bar Associations, travelled to Barcelona in May to attend the IBA’s Bar Leaders Conference and participate in highlevel meetings. Subsequent to this, a delegation of Kazakh lawyers travelled to Geneva in June, in order to participate in IBAHRI-organised training activities on UN and UPR mechanisms, as well as hold advocacy meetings and private briefings with the members of the Human Rights Committee, in Geneva, in preparation for the review of Kazakhstan by the Human Rights Committee (HRC), during 18 – 27 June 2016. In addition to this, the IBAHRI supported the attendance of a Kazakh lawyer to a meeting in Belgrade in June that was co-convened by the IBAHRI and the Human Rights House Network. Mexico Subsequent to the roll out of training sessions on torture reparations and enforced disappearances in 2015 and earlier this year, the IBAHRI has again secured funding from the UK FCO to continue with this programme in 2016 and 2017. Therefore, the IBAHRI is currently planning for the next round of training sessions; it is anticipated that activity will start in September 2016. The IBAHRI decided to make a short educational impact film about the judicial training programme that has taken place in the last 12 months, and has engaged a Mexican film production company. Filming has finished and it is currently being edited and finalised. 125 Myanmar The IBAHRI’s international legal specialist and national legal specialist continue to work to facilitate the development of a representative and independent national bar association. Following the inauguration of ILAM in January 2016, a Central Executive Committee has been elected and has met. In addition, 5 ILAM subcommittees have been formed and developed a 90-day plan which was reviewed by Central Executive Committee in May. The IBAHRI has supported ILAM and the subcommittees, including convening a workshop on financial and project management in March 2016 that was attended by the Central Executive Committee, and planning for additional workshops for various parts of the ILAM on a range of topics, including CLE and legal ethics. The IBAHRI is also supporting the development of an advocacy plan to plan to reform the legal framework regulating the profession in Myanmar. ILAM and the IBAHRI have also engaged in UN advocacy activities, including working with the International Commission of Jurists to produce two statements that were delivered respectively in March during the inter-active dialogue with the Special Rapporteur on Myanmar and the dialogue with the State, following the adoption of the UPR Working Group Report on Myanmar. The IBAHRI is also working with local NGOs and ILAM to support the adoption of a new law regulating the legal profession and ILAM. IBAHRI Senior Programme Lawyer Muluka Miti-Drummond travelled to Myanmar in June, in order to meet with the IBAHRI team in-country, and attend Governmental meetings regarding this proposed law. She met with the Attorney-General’s office and representatives from Parliament. Sudan Subsequent to the conclusion of the 3-module training programme with lawyers working in Darfur, the IBAHRI and the Human Rights and Social Justice Research Centre at London Metropolitan University has finalised the training programme’s internal evaluation report. The IBAHRI continues to engage with local stakeholders in order to explore possibilities for potential follow-up work with lawyers working in Darfur, and is now seeking funding and developing project proposals. It is also attended high level meetings with civil society organisations and state bodies to discuss how to continue working in the region, and is considering the possibility of involvement with advocacy initiatives before the African Commission of Human and Peoples Rights. Tajikistan The IBAHRI continues to support the new national bar association following its inauguration in September 2015 and official registration in December 2015. The Tajik authorities have extended the time period for all lawyers to pass the new professional qualification exam in order to be re-licensed and the IBAHRI continues to support legal professionals with this process. In addition, the IBAHRI has been supporting the Bar Association and Tajik lawyers with. In March, a delegation of Tajik lawyers travelled to Geneva in order to engage advocacy activities and meetings in the weeks leading up to their respective UPR review, in order to participate in training on UN and UPR mechanisms and also conduct advocacy. In addition, a small delegation of Tajik lawyers travelled to Barcelona in May to attend the IBA’s Bar Leaders Conference and participate in high-level meetings. Eka Iakobishvili was in attendance, as was a representative from the funder, OSF Timor-Leste The IBAHRI continues programme to support the establishment of a national bar association. It is anticipated that the law establishing a national bar association will be passed through parliament at the beginning of 2016; the draft is being completed and it is hoped that Parliament will review it in the coming months. The IBAHRI has been undertaking extensive lobbying and advocacy activities with the aim of supporting the draft law, and will continue to do so as Parliament makes its decision. The IBAHRI also co-hosted a regional conference on the independence of the legal profession in South-East Asia in mid-July, which is taking place in Dili. The IBAHRI presented at the conference, and met with a wide range of in-country and regional stakeholders. 126 Tunisia Training activity resumed in February 2016, with trainings taking place in February, March and April, as well as stakeholder meetings taking place in Tunis. It is anticipated that the current project activity will be completed by June 2016. In March 2016, the IBAHRI organised two moot court sessions as part of its ICL training programme, with small groups of training participants focussing on issues that had formed part of the curriculum of ICL training sessions the IBAHRI conducted with judges and prosecutors last year. Additionally, the IBAHRI organised three “training of trainers” sessions related to international human rights law, with a particular focus on torture prevention. These torture prevention sessions were organised in collaboration with the Tunisian Ministry of Justice and the Danish Institute Against Torture (DIGNITY), and trained 65 magistrates with the skills to become peer-to-peer trainers in April and May 2016. All activity has now come to an end, and the IBAHRI is working on finalising narrative and financial reports. It is expected that ILAC will undertake an independent evaluation of the programme. In addition, the IBAHRI is producing a short impact film on the training programme in Tunisia. 2. THEMATIC ACTIVITIES Climate Change Justice and Human Rights The IBAHRI Council passed an HRI Resolution on climate change justice and human rights in May 2016. It calls on relevant UN bodies, Courts and NGOs to: 1. Clarify and explain how human rights obligations relate to a healthy environment. 2. Consider the effect of environmental degradation on human rights. 3. Consider particularly the specific effects on human rights that are caused by climate change. The resolution has been sent to over 90 of these bodies, and is also available on the IBAHRI website. Death Penalty The IBAHRI contributed to an Amicus Curiae submitted to the USA Supreme Court in the case of Bobby James Moore v Texas. In this case, a court of first instance found that he was intellectually disabled and constitutionally ineligible for the death penalty. The Appeal Court of Texas overruled that decision, saying the lower court had erred by “employing the definition of intellectual disability presently used.” In June 2016, the Supreme Court granted certiorari to hear petitions on whether the decision of the lower court of instance to prohibit the use of current medical standards on intellectual disability, and require the use of outdated medical standards, in determining whether an individual may be executed violates the Eighth Amendments and previous Supreme Court decisison. This will be one of two death penalty cases reviewed by the Supreme Court in the coming months, and the decision to grant certiorari received wide media coverage. Lawyers at Risk The IBAHRI is working with the UN Special Rapporteur on the Independence of Judges and Lawyers to produce a comprehensive research paper on systematic threats posed to lawyers at risk, in order to identify any patterns or trends. The IBAHRI engaged a legal consultant in order to undertake this work between May and July 2016. The IBAHRI designed a survey in order to engage with as many legal professionals as possible on a global scale; the survey was published online in English, French and Spanish and the responses contributed to the research. The completed typology was finished in July, and included proposed definitions for systematic and regular attacks on lawyers at risk and a statistical analysis of general and regional patterns of risk. The research was submitted to the office of the UN Special Rapporteur, in order for it to contribute to her work. It is also hoped that the research will advocate for an increase of recommendations related to the guarantee the independence of lawyers in UN mechanisms and to take appropriate action when lawyers face threats or obstacles in the fulfilment of their duties. 127 Task force on illicit financial flows, poverty and human rights The IBAHRI undertook a fact-finding mission to Zambia in March 2015, visiting an area that is part of Zambia’s copper mining belt. The aim of the mission was to examine the human rights impact of taxation and financial policies of the mining industry in Zambia. The IBAHRI undertook a short follow-up scoping mission in February 2016 to conduct further interviews and gather additional information to contribute to the final report. The mission report has been drafted and is currently being reviewed and revised by the mission delegation. The report will be launched later ion 2016, and it is is expected that it will feed into wider IBAHRI research in illicit financial flows, taxation policies and human rights breaches in the region. Trial Observations Anwar Ibrahim, Malaysia: The IBAHRI is currently deciding whether to proceed to publish a comprehensive trial observation report, or use the trial observation to feed into a wider research project on Malaysia and the independence of the judiciary. The IBAHRI is continuing to monitor the situation of legal professionals in Malaysia, including sedition charges and the new proposed amendments to the 1976 law that regulates legal professionals. KCK Lawyers, Turkey: The IBAHRI continues to receive communications and updates from the Istanbul Bar Association and Lawyers for Lawyers, and is monitoring the increased crackdown on lawyers working on Kurdish-related cases in Turkey, as well as wider restrictions facing legal professionals subsequent to the failed military coup and a recent law that was passed which increased Executive control of the judiciary. Judge Afiuni, Venezuela: Judge Afiuni’s trial recommenced at the end of June, with over 20 hearings taking place between June 2015 and April 2016. The IBAHRI has organised for an international, independent trial observer to attend nearly all of these hearings, and the IBAHRI met with the defence team in Caracas at the start of 2016. Some of the hearings have been cancelled due to the current economic crisis in Venezuela; the IBAHRI is nonetheless continuing to organise the observation of all trial hearings that do go ahead. The IBAHRI is also monitoring the security situation and will take additional security measures if necessary. The IBAHRI is in regular contact with the trial observer, both when he is in-country and once he has returned to his home. Beatrice Mtetwa, Zimbabwe: The IBAHRI is monitoring the recent criminal appeal hearings brought by the prosecution against the 2013 acquittal of Beatrice Mtetwa. If the appeal is pursued and substantive hearings start, the IBAHRI will endeavour to secure funding for, and consequently organise, a trial observation. UN Programme The IBAHRI has initiated a UN Programme, focused on UN recommendations relating to the independence of the judiciary and the legal profession. The programme is being coordinated by an IBAHRI Senior Fellow based in Geneva, with oversight from the IBAHRI team in London. The aim of the programme is to develop and promote the IBAHRI’s work with UN human rights mechanisms. The project is now in the second phase of the pilot project. SOGI Research: A research proposal is currently being prepared that will focus on LGBTI rights in UPR recommendations. The IBAHRI has signed an MOU with the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), and has engaged three students from the Geneva Academy of International Humanitarian Law and Human Rights to prepare a research proposal, including methodology. They completed a first draft of this work, and additional research is being completed by IBAHRI interns and Helene dos Ramos Santos. 128 UPR Research: The project’s first substantive research report was finalised by the IBAHRI at the start of 2016 and was launched on 17 March, to coincide with the UN Human Rights Council meeting. The report was launched with an event and reception in the Palais des Nations, and was also formally presented in a formal statement to the UN Human Rights Council. Networking: The IBAHRI initiated the setting up of a multi-organisation group that will liaised and meet to share best practice and work together on projects and advocacy as an NGO Support Group to the UN’s Special Rapporteur on the Independence of Lawyers and Judges. The group meets regularly in Geneva, and has an email forum for online communications. Facilitating: Following the success of the attendance of a delegation of lawyers from Myanmar in Geneva to conduct pre-UPR advocacy, the IBAHRI facilitated similar activities for delegations of lawyers from Swaziland, Tajikistan and Kazakhstan. These trips have been organised in order to allow human rights lawyers participate in training on UN and UPR mechanism and also conduct advocacy in advance of UPR or UN Human Rights Committee sessions on their respective jurisdictions. UN Advocacy: The IBAHRI has recently made joint statements to the 32ND session of the UN Human Rights Council in June 2016. The IBAHRI made a statement, with the ICJ, on indicators of independence of justice systems. The statement came during the interactive dialogue with the UN Special Rapporteur on the Independence of Judges and Lawyers. The IBAHRI was also cosignatory to a joint NGO statement with the Human Rights House Foundation regarding lawyers at risk in Eastern Europe and Central Asia. In addition to this, two IBAHRI Programme Lawyers attended an NGO consultation meeting held by the UN Special Rapporteur on the Independence of Judges and Lawyers in June in Geneva; the meeting was held to discuss the planned activities of the UN Special Rapporteur. 3. EVENTS AND MEETINGS IBA 2016 Annual Conference, Washington The IBAHRI is organising the following sessions, and has confirmed the session Chairs and most of the speakers: 1) Showcase session: “Human Rights in the United States: A Letter to the next President from the international legal community” 2) “Who is a refugee?” 3) “The Inter-American Human Rights System: How well is it working?” 4) HRI General Meeting African Commission on Human and Peoples' Rights IBAHRI Programme Lawyer Chara de Lacey travelled to the Gambia in order to attend the 58th session of the Commission. In addition to observing the session itself, she represented the IBAHRI at the session-associated NGO forum. This forum convenes civil society organisations from all over Africa that focus on human rights to facilitate discussions about human rights situations and issues throughout the continent and to propose resolutions to be adopted by the Commission. The discussions with regard to illicit financial flows and the human rights impact of unregulated natural resource extraction was of particular relevance to the IBAHRI’s work. Independence of the legal profession in South-East Asia The IBAHRI is co-hosting this regional conference with the Australian Northern Territory Bar Association in mid-July. The conference will take place in Dili in Timor-Leste, with a wide range of participants. 129 Lawyers at risk in Central Asia and Eastern Europe The IBAHRI, alongside the Human Rights House Foundation, co-organised a meeting for lawyers at risk in Central Asia and Eastern Europe in Belgrade in June. The meeting was attended by the UN Special Rapporteur on the Independence of Lawyers and Judges, and was attended by 50 lawyers from 16 different countries in Central Asia, the Balkans, Europe, North and South Caucasus. The discussion centred on the dangers, threats and barriers that lawyers in the region face when carrying out their professional duties. 4. PUBLICATIONS IBAHRI Annual Review The IBAHRI launched its 2015 Annual Review in March 2016. It available in hard copy and online on the IBAHRI’s website. International Human Rights Fact-Finding Guidelines (The Lund-London Guidelines) These Guidelines, published in 2009 by the IBAHRI and the Raoul Wallenberg Institute, were revised in 2015. The updated version of the Guidelines has now of been published online. They are available in English, Russian, Spanish, French and Arabic. They are available online, and an accompanying background paper can also be accessed online. Training Manuals Human Rights Training Manual: The IBAHRI continues with its review and update of its human rights training manual (Human Rights in the Administration of Justice: A Manual for Judges, Prosecutors and Lawyers). The IBAHRI is in the process of editing the material received from contributors to form one comprehensive update addendum that covers 2003 – 2015 inclusive. Thematic Papers Judicial Independence in Latin America: The IBAHRI finalised this report at the start of 2016, and the report was launched in Brazil in April 2016. The report, entitled, ‘A Double-Edged Sword: Judicial Independence and Accountability in Latin America’, provides provide an overview of some of the ways in which judicial accountability and disciplinary processes appear to be abused in Latin America by drawing on a number of examples from across the region. In response to the findings, the IBAHRI puts forward key recommendations aimed at improving the reputation of the judiciary, restoring public trust in it, and protecting it from political interference. Mandatory Death Penalty: The IBAHRI liaised with the Geneva Academy of International Humanitarian Law and Human Rights to produce a research paper on the use of the mandatory death penalty. The report was launched on 11 May 2016 in Geneva. The report was written by UK Barrister Sadakat Kadri. 5. COMMUNICATIONS Films Mexico Training Programme Impact Film: The IBAHRI decided to make a short educational impact film about the judicial training programme in Mexico, and engaged a Mexican film production company. Filming has finished and it is currently being edited and finalised by the IBA. Tunisia Training Programme Impact Film: The IBAHRI is in the process of making a short film about the international human rights law training programme in Tunisia. The footage from Tunis has been received and reviewed by the IBAHRI, and the IBAHRI is currently working with the IBA to edit the film and complete post-production. Some additional interviews may also take place in London. 130 News Releases Azerbaijani human rights lawyer released from prison: News Release: 1 April 2016: The IBAHRI welcomed the release of prominent human rights lawyer Intigam Aliyev from prison. The Azerbaijan’s Supreme Court also decided on 28 March 2016, to convert the sentence from sevenand-a-half years’ imprisonment to a five-year suspended sentence. However, the criminal convictions remain, under conditional release. The IBAHRI calls on Azerbaijan’s authorities to drop all charges against him. In 2015, Mr Aliyev was the recipient of the International Bar Association Human Rights Award. Mr Aliyev dedicated his award to ‘friends, colleagues, conscientious people’ in Azerbaijan who ‘are facing prosecutions, pressures, and imprisonments.’ The IBAHRI working with international legal bodies to support the fight against torture in Tunisia: News Release: 12 April 2016: The IBAHRI trained Tunisian judges and prosecutors on tortureprevention in Tunis. In collaboration with Tunisia’s Ministry of Justice and the Danish Institute Against Torture (DIGNITY), the IBAHRI is equipping 65 magistrates with the skills to become effective peer-to-peer trainers on the law and practice pertaining to the prohibition of torture. The IBAHRI launches report on judicial accountability and independence in Latin America: News Release: 19 April 2016: The IBAHRI called for greater protection from political interference for Latin American judges, and highlights the need to restore public trust in the judiciary, in its latest thematic paper entitled, ‘A Double-Edged Sword: Judicial Independence and Accountability in Latin America.’ The thematic paper was launched on 19 April at the Global Rule of Law Exchange annual conference in São Paolo, Brazil. In the paper, the IBAHRI seeks to provide an overview of some of the ways in which judicial accountability and disciplinary processes appear to be abused in Latin America by drawing on a number of examples from across the region. In response to the findings, the IBAHRI puts forward key recommendations aimed at improving the reputation of the judiciary, restoring public trust in it, and protecting it from political interference. The IBAHRI concerned by harassment of lawyer Juan Carlos Gutiérrez in Venezuela: News Release: 5 May 2016: The alleged ongoing harassment of Juan Carlos Gutiérrez in Venezuela as he carries out his professional duties as defence lawyer for Venezuelan opposition leader Leopoldo López is of great concern to the IBAHRI. On 25 April 2016 Mr Gutiérrez filed a formal complaint before the National Prosecutor’s Office stating he was a victim of several humiliating practices carried out by the military authorities at the Ramo Verde prison where Mr López has been detained since February 2014. These included: invasive body searches; verbal and physical attacks; strip searches; intrusive and inappropriate touching; and the deprivation of personal belongings. Mandatory death penalty illegal under international law, says new IBAHRI report: News Release: 12 May 2016: A new report published by the IBAHRI states that the mandatory death penalty is illegal under the justice system of international law. Furthermore, under domestic law, any procedure that obliges a court to impose the death penalty is inherently flawed. Initiated by the Geneva Academy of International Humanitarian Law and Human Rights, ‘Forced to Kill: The Mandatory Death Penalty and its Incompatibility with Fair Trial Standards’ questions the justifiability of the mandatory death penalty – capital punishment that is demanded by law, whether or not the sentencing judge thinks it fair – and examines the ways in which it is a contravention of international law. The IBAHRI urges review of China’s new law for foreign NGOs: News Release: 16 May 2016: The Law on the Administration of Activities by Foreign Non-Governmental Organizations within the People’s Republic of China (the ‘Foreign NGO Law’) introduces onerous regulatory requirements on overseas not-for-profit organisations wishing to operate in China and brings their activities under 131 the control of the Ministry of Public Security. The law, which will come into force on 1 January 2017, requires foreign NGOs to be sponsored by a government-approved Chinese partner and to register with the Public Security Bureau. The law significantly increases police control over NGO activity, granting the police extensive powers to enter the domestic premises of overseas-based NGOs seize documents and scrutinise finances without judicial oversight. The IBAHRI condemns reported assault of lawyer in Chinese courtroom: News Release: 23 June 2016: The IBAHRI condemns the reported assault on lawyer and human rights activist Wu Liangshu by courtroom officers following his attempt to file a case in Qingxui District Court in Nanning, China. Mr Wu has stated that on 3 June 2016 court officials accused him of illegally recording a court session on his mobile phone and that, in the presence of two judges, while being searched for the phone he was partially stripped, beaten and stamped on by court guards. According to Mr Wu, his phone was broken, seized and its content examined by the court’s officers, who found no evidence of a recording. The IBAHRI calls for accountability following the death of Kenyan lawyer Willie Kimani: News Release: 12 July 2016: The IBAHRI calls on the Government of Kenya to bring to justice those responsible for the deaths of lawyer Willie Kimani, Josephat Mwenda and Joseph Muiruri as a matter of priority. All three were reportedly tortured and killed by Kenya’s Administration Police (AP). The IBAHRI joins appeals for an independent, impartial and effective criminal investigation to be held without delay. The IBAHRI condemns mass removal of judges following attempted coup in Turkey: News Release: 20 July 2016: The IBAHRI is extremely concerned by the sudden dismissal of more than 2,500 judges and prosecutors in Turkey, following an attempted coup d’état in the country on Friday 15 July. The IBAHRI calls on Turkey to respect its international obligations, avoid undue mass targeting of state institutions such as the judiciary, and ensure that a transparent investigation is carried out to identify those responsible for instigating the military coup. Open Intervention Letters IBAHRI expresses alarm that lawyers in China remain at grave risk’ and demanding ‘the immediate and unconditional release of all lawyers detained during the July 2015 crackdown: Open Letter: 9 July 2016: In an open letter to China’s President, Xi Jinping, the IBAHRI has expressed agreement with the UN High Commissioner for Human Rights in demanding the immediate and unconditional release of all lawyers detained since the July 2015 crackdown, and urged China to meet its international obligations by taking all necessary measures to safeguard those working to protect and promote human rights. Social Media The IBAHRI has had increasing numbers of people interacting via social media. Twitter: In July 2016, the IBAHRI has over 2,000 followers on Twitter. Facebook: In July 2016, the IBAHRI has over 4,600 likes on Facebook. Follow our activities on Facebook: www.facebook.com/IBAhumanrig hts Follow @IBAHRI on Twitter: www.twitter.com/IBAHR I 132 d) Bar Issues Commission The BIC Officers have continued to increase their engagement with Member Organisations since the last report to the Council and to advance the BIC’s strategies and guidelines. The programme for the BIC in 2016 has included: 1. BIC Officers The BIC Officers held a retreat on 23-24 February at the IBA London office to discuss the continued development of the BIC, its role within the IBA, and its proposed programme of activity. During this retreat, the future composition of the BIC was discussed in addition to the roles of the BIC Officers for 2016. Under the chairmanship of the Vice-Chair, Peter Koves, a BIC Nominations Committee has been formed to select five junior BIC Officers at large for the 2017-2018 period. The BIC Nominations Committee has been delighted with the great interest shown in the positions and, through this increased membership, will seek to expand geographical representation and breadth of legal experience on the BIC Executive. Five junior officers have now been selected for the period of 2017 – 2018. Management Board The BIC put forward a proposal for discussion at the Barcelona Council meeting concerning its representation on the Management Board. This proposal, which received unanimous support from its nine BIC Executive members, sought to allow the BIC to have experienced representation on the Management Board similar with other IBA Divisions by reinforcing the position of BIC Senior Officers - the Chair, Senior Vice Chair and Immediate Past Chair – on the Management Board. The BIC considered a number of preferred configurations, and decided on the final proposal following discussion at the BIC Retreat in London in February. The proposal was passed at the Mid-Year Council Meetings in Barcelona. 2. Summits In 2016, the BIC piloted a new concept of targeting a small number of Bars in the same city or region in order to increase engagement with Bars which may not be familiar with the work of the BIC. The purpose of these ‘Summits’ or ‘Roundtables’ has been to create informal meetings wherein the Bars are encouraged to share their feedback on how the BIC could be more effective in working with their Bars and how further value can be added to their membership. By identifying common issues and areas of focus in each region, it is hoped a path can be constructed in which these Bars and the BIC can cooperate to achieve goals of mutual interest and maximise the involvement of these regions in the BIC and the IBA. On 26 February, the first State Bar Roundtable was hosted in New York to discuss current concerns and interests of the State Bars in the USA with a view to identifying possible issues for further cooperation with State Bars. The participants outlined the operations of their respective organisations and the different structures of the ABA, the IBA and the state and local bar structures. All were receptive to co-sponsoring conferences and finding opportunities to present programmes with each other in the future. Following this event, the BIC hosted a Latin American Bar Leaders’ Summit on 9 March in Rio de Janeiro with a similar goal of increasing engagement in this region. Discussion centred on identifying current challenges faced by the legal profession and sharing useful experiences and best practices. Topics recommended for potential cooperative projects in the future included ‘lawyers’ prerogatives and professional secrecy’ and ‘mandatory v. voluntary bar associations’. The 133 participants plan to meet twice yearly, at the IBA Annual Conference and at the annual LARF conference. The Bar Leaders of Latin American Member Organisations attending the Washington DC Conference will hold a meeting to discuss the 2017 Latin American Bar Leaders Summit to be held in Buenos Aires on 15th March. 3. Conferences The BIC’s Annual Bar Leaders’ Conference is held each year alongside the IBA Mid-Year Meetings. This year, the Conference was held in Barcelona with the theme ‘Leading the Way.’ The Conference highlighted the vital role of lawyers in upholding the rule of law, maintaining independence, and preserving the core values of the profession. Positive feedback has been received, confirming that the issues discussed and topics selected are current and of value to the attendees. Planning for the 2017 Bar Leaders’ Conference to be held in Belfast is well advanced. In Washington, the BIC Showcase will report on the findings of the Presidential Task Force. The Task Force was established to examine the independence of the legal profession and the challenges it faces. This report looks at the nature of certain challenges across a variety of jurisdictions, focusing on both direct and indirect challenges, as well as challenges as a consequence of legislation or governmental action intended to address specific issues, such as anti-terrorism legislation, government surveillance, and anti-money laundering legislation. The Report aims to developing a set of useful and practical "indicia of independence" which can be used by Bars and practitioners in 'self-assessing’ the state of the independence of the legal profession in their own jurisdictions. Other BIC sessions in Washington will explore how bar associations can assist young lawyers, work across jurisdictions, and examine the place of ethics in a professional world. In addition, the BIC International Trade in Legal Services subcommittee will present a session on mutual recognition agreements, which are increasingly being used in modern trade agreements in order to give effect to market access commitments on professional services. The BIC Regulation Subcommittee will hold a session reviewing international immigration service providers to contrast the difference between lawyers and other immigration service providers globally. Scholarship winners Through this programme, the IBA offers a scholarship to young lawyers who would like to attend the IBA Annual Conference, but who may find it financially impossible to do so. Applicants from Paraguay, Costa Rica and Chile were chosen to be given scholarships to attend the IBA Washington Conference as part of the scholarship programme. The Member Organisations in these countries have been extremely helpful in collecting the applications and organising the recipients, and we are very pleased to be welcoming 43 young lawyers and three Bar Executives from these countries to Washington. The names of these recipients are listed at the back of the conference programme. 4. Presidential Task Force As Co-Chairs of the Task Force on the Independence of the Legal Profession, Sylvia Khatcherian and I have sought input from interested Bar representatives from jurisdictions around the world on the indicia identified by the Task Force as necessary for legal independence. The final report is being launched in Washington during the BIC Showcase session. The BIC’s input and contacts have been critical to the success of this project due to the very strong response and interest from the Bars. The majority of responses from our 2015 Survey indicated that the independence of lawyers is the topic of greatest interest to the Member Bars at an IBA conference. The Roundtable held in Barcelona with Bar Leaders was most productive in assisting the Task Force Report. The involvement of one of the new Bars, the Republican Bar Association of Kazakhstan, has helped lead future activity by the BIC in assisting with a conference. At a recent meeting of Presidents of Law Associations in Asia (POLA) hosted by the Mongolian 134 Bar Association and attended by the President, David Rivkin, I was able to speak with Asian Member Bars about the project and encourage their participation. 5. Policy Committee Projects The BIC’s Policy Committee is currently focussing on the following projects: • • • • Guidelines on information exchange in the disciplinary process; Procedures for preparing IBA resolutions for the IBA Council (with the assistance of a cross committee working party which includes the LPD, SPPI and HRI); Guidelines for bar associations on Business and Human Rights; and Practical Guide on Business and Human Rights for Business Lawyers The Committee successfully completed the Practical Guide on Business and Human Rights for Business Lawyers, which was adopted by the IBA Council in Barcelona and is now available on the IBA website. I wish to acknowledge the efforts of the Committee’s Chair, Claudio Visco, in leading the Policy Committee in its work on these Guidelines. The Committee is also developing projects in the following areas: • Guidelines for Bar Associations on Professional Liability Insurance; • Guidelines on structuring legal aid; • Taxation on Pro Bono legal work; and • The Raison d’etre of Bar Associations. 6. BIC Subcommittees BIC International Trade in Legal Services Committee (ITILS) The Committee continues to lead on the IBA’s involvement in trade negotiations on legal services. In May, representatives of the committee held talks with national delegations involved in the Trade in Services Agreement (TISA) at the request of the chair of these negotiations. The IBA Council’s 2003 resolution on suggested terminology to be used in trade negotiations has been central to these discussions and its use has helped delegations define more clearly how they can open their legal markets to foreign access without undermining issues of domestic public interest. During the same visit the WTO secretariat invited the IBA to return in the near future to brief national delegations on the international market for legal services and the role that trade agreements can play in facilitating this. The Committee is also undertaking the following: • Continuing its work on association in the form of a proposed handbook and toolkit for Bar Associations who are considering how lawyers in their jurisdictions might fee share with foreign lawyers or others. This is designed to meet demand for information and case studies on this topic from Bars. It follows on from the Skills Transfer Resolution which was adopted by the IBA Council in 2008. A proposed IBA policy statement about association may subsequently be put to the Policy Committee. 135 • Organising sessions at the annual conference on mutual recognition agreements and the flyin-fly-out temporary presence of foreign lawyers. • Organising a workshop in Zimbabwe in November 2016 at the request of the Law Society of Zimbabwe on how Zimbabwean lawyers can increase their involvement in international transactions. I wish to thank the Chair of this Committee, Steve Nelson, and Vice Chair, Alison Hook for their assistance in guiding the substantial work of the Committee. BIC Regulation Committee The BIC Regulation Committee has launched the Legal Regulators’ Directory online and it has been very well received. This Directory is a compilation of organisations that are responsible for regulating the legal profession around the world. This comprehensive Directory will be useful for bars who wish to check on the qualifications of lawyers from other countries and for lawyers and law firms interested in cross border working. This project was made possible by the support of the PPID Activity Fund and the work of Hook International. The Member Organisations will have the opportunity to update or amend the information regarding their respective countries as part of the annual membership renewal process, which will ensure the directory remains current and useful. I wish to thank the Co-Chairs, Søren Jenstrup and Jonathan Herman, for taking the lead in this difficult and controversial area which is of such a great interest to our Bar Association members. BIC Bar Executives’ Committee This Committee, formed in 2014, is co-chaired by Ken Murphy, Director General of the Law Society of Ireland, and Merete Smith, Secretary General of the Norwegian Bar Association. Having provided programmes in Brussels, Tokyo, Prague, Vienna and Barcelona, the Committee will continue its focus on building the relationships between senior staff at bar associations and law societies who engage in international work. A programme will once again be held on Tuesday 20 September in Washington, hosted at the DC offices of the American Bar Association. The working sessions the Bar Executives will focus on as part of this programme include: • The big picture for small firms - what does the future hold for solo general practitioner law firms? What can and should Bars and Law Societies be doing to assist? and • Brexit! What are the Bars and Law Societies most directly affected doing to prepare for it? What, if anything, should the rest of us be doing? • What are the international trends for change in the regulation of the legal profession? 7. Engagement with Bar Associations Improving the quality of legal services in the Ukraine In 2015, the BIC received further funding from the PPID Activity Fund for phases two and three of its project ‘Improving the quality of legal services in the Ukraine’ led by Jonathan Goldsmith and strongly supported by BIC Vice Chair, Péter Köves. Phase two involved a policy discussion with the relevant stakeholders in Ukraine, which was chaired by IBA Vice President, Martin Šolc, with Péter Köves participating as a speaker. Phase three, the final phase of this project, involves the completion of a report on recommendations 136 for advancing the quality of legal services in Ukraine with rapporteurs on each topic. Phase three has now just reached completion and the report is printed and available through the IBA office. Improving the quality of legal services in Kazakhstan At the Mid Year Meeting in Barcelona, the PPID Activity Fund approved an application submitted by the BIC for a project to improve the quality of legal services in Kazakhstan. Based on the success of the similar project in the Ukraine, the BIC in consultation with the Republican Bar Association of Kazakhstan, wishes to organise a similar conference in Kazakhstan in the early autumn of 2016. Topics proposed for the conference include representation by lawyers in court; an economic view of representation in courts; the principle of ‘Equality of Arms;’ continuing legal education; and professional conduct and discipline. The BIC will produce a report detailing the content of the conference and proposing some recommendations to improve the quality of legal services provided by lawyers in Kazakhstan in November 2016. Helping Zimbabwe’s lawyers face globalisation In Barcelona, the PPID Activity Fund also approved a joint BIC and African Regional Forum project which aims to help Zimbabwe’s lawyers face globalisation. This is a two phase project with the first phase focussed on the organisation of a conference with the Law Society of Zimbabwe at which international lawyers trained Zimbabwean lawyers on how best to face the challenges of globalisation.The second phase will be the drafting of guidelines that contain useful information for Zimbabwean lawyers on the topics addressed by the conference. Supporting the Ethics Committee of the Chamber of Advocates of the Russian Federation Together with the IBA Professional Ethics Committee (PEC), the BIC has begun work with the Chamber of Advocates of the Russian Federation in the renewal of their Code of Ethics, coinciding with the planned reform of the legal profession in Russia. The Chamber has now established an Ethics Committee of the Federal Chamber, chaired by Vassily Rudomino, representative of the Chamber to the IBA, for the purpose of unifying the ethical and disciplinary practice of the regional Bars and dealing with new ethical issues. As a result of the meeting between Martin Solč, Péter Köves and Vassily Rudomino, a ‘rapid response team’ led by Péter Köves and comprising BIC and PEC representatives was formed to offer assistance to the Federal Chamber in this endeavour whenever the need arises. Benchmarking Bar Associations The BIC and HRI received funding from the PPID Activity Fund in Vienna for the revision of the book, ‘Benchmarking Bar Associations,’ which was first published in 2003 and focussed solely on Africa. The revised edition is a fully international publication of ‘Benchmarking Bar Associations’ written to provide an ‘industry’ standard handbook on model aspects of a bar association or law society. This book is aimed not only at developing Bars, but all Bars, providing detailed information on key aspects of large, well organised bar associations, and covering both the regulatory and voluntary organisations. Led by BIC Officer, Norville Connolly, this project has utilised the same author, Nusrat Chagtai, who completed the original version. In researching for this edition, various IBA entities have been contacted to contribute their expertise in updating chapters. We have also consulted Bars around the world to include case studies with a view to launching ‘Benchmarking Bar Associations’ in Washington at the BIC Open Forum. Programme for Excellence The joint BIC/Legal Policy & Research Unit (LPRU) Programme for Excellence is now being 137 offered as a pilot project to member bar associations. The project allows the Bars to show their commitment to achieving ‘excellence,’ and, by utilising existing IBA legal instruments, provides an opportunity for the IBA to collaborate with member Bars who are engaged in global legal reform initiatives. The BIC believes that this will encourage all member Bars to strive towards a strong commitment to excellence, innovation and ethical operations, and provide an opportunity to share knowledge and experience. After the successful implementation of the programme in India and South Africa, it is intended that the programme will be introduced this year in other jurisdictions including the South-East Asian region. Anurag Bana, Senior Legal Advisor of the LPRU has been invited by the Fiji Law Society to hold a workshop session at their annual convention on 9-10 September 2016 on the IBA Social Media Principles for the Legal Profession. In Barcelona, we held meetings with the delegation of the Kazakh Bar and the Tajik Bar to discuss the objectives of the Programme for Excellence project. The Kazakh Bar is interested in the project and would like the BIC to hold a session or a half-day workshop in November 2016 on the topic of social media for their members. Consultation regarding this possibility is in progress with the IBAHRI. We have also established contact with the Vietnam Bar Federation and the Hong Kong Bar Association to ascertain the scope of pursuing Phase One of the project in both of these jurisdictions. Additional information about the project outcomes have been shared with them and we look forward to further discussions. 8. Conclusion The BIC has had an active and demanding year to date. I wish to thank the BIC Officers for their hard work and enthusiasm as well as their commitment to realising the objectives of the BIC. I am privileged to have served as the BIC Chair over the past two years and I know that the incoming Chair, Claudio Visco, will continue to strengthen and develop the BIC when he assumes the leadership in 2017-2018. Margery Nicoll Chair, Bar Issues Commission August 2016 138 11. Reports from Presidential Taskforces a) Judicial Integrity Initiative Work Plan 1 1A 1B Project Description Best Practices Compilations Produce relevant Best Practices compilations to serve as practical resource tools for all stakeholders. Project Leads Compilation on bar regulations/ processes Best Practices on how bar regulations and disciplinary measures (including investigations of accusations of corruption) can contribute to fighting against judicial corruption. Compilation on prosecutorial practices Best Practices (1) on how prosecutors should appropriately address judicial corruption cases, and (2) to prevent prosecutorial corruption. Joint Judicial AntiCorruption Compact Draft a compact (describing conduct in which the signatories will or will not engage) to be agreed by lawyers, judges, prosecutors and court personnel in certain jurisdictions. Test countries include Mexico, Argentina, Ghana, and South Korea. BIC LPRU Int’l Assoc. of Prosecutors Business Crime Comm. UNODC Criminal Law Comm. Anti-Corruption Comm. LPRU 2 Partner Organisations LPRU Relevant national bar assoc. DS IJ Int’l Assoc. of Conf. Clerks Anti-Corruption Comm. Int’l Assoc. of Prosecutors Litigation Comm. Int’l Assoc. of Judges Int’l Comm. of Jurists Judges Forum 139 3 Project Description Global Standard Certification In partnership with other organizations, develop a workable standard and process for certifying national judicial systems as having implemented the requisite anti-corruption measures. Project Leads IJ Litigation Comm. LPRU Partner Organisations CJ Menon World Bank Basel Institute? Judges Forum UNODC? TI? ISO? British Standard? Int’l Association of Court Administrators 4 5 Study of National Laws Asset Recovery Investigate whether national anti-corruption laws adequately provide for prosecution of judicial corruption (versus corruption in licensing and procurement). Assist the U.S. State Department in considering potential means to encourage whistle-blowers and asset recovery, including possible use of qui tam litigation, in fighting corruption. Anti-Corruption Comm. Business Crime Comm. LPRU/DS/IJ Litigation Comm. Litigation Comm. US State Dept. Anti-Corruption Comm. 140 b) Climate Change Justice and Human Rights Oral report c) Task Force Against Human Trafficking No report submitted d) Independence of the Legal Profession August 2016 This report is submitted to update the IBA Council on the work of the IBA Presidential Task Force on the Independence of the Legal Profession. The Focus of the Task Force This IBA Presidential Task Force was convened in February of 2015 to focus on challenges to: • • • the independence of the legal profession; lawyers’ exercise of their legitimate professional activities, and attorney-client privilege and professional secrecy. The Task Force has looked at the nature of certain challenges in various jurisdictions; analyzing the causes contributing to the current situation; synthesizing the legal, policy and historical bases for the independence of the legal profession; and assessing and presenting recommendations on what can be done to strengthen the profession. The Task Force has decided not to report on the state of 'independence' with respect to specific countries, but rather to show examples of threats to independence which are being experienced in different jurisdictions. The Task Force members were of the view that country specific assessments would require more detailed and on the ground analysis - beyond the mandate and scope of this Task Force. The Task Force has aimed to provide a practical and useful report which has focused on developing a set of "indicia of independence" that can be used by Bars and practitioners in 'self-assessing’ the state of the independence of the legal profession in their own jurisdictions. The Task Force has focused on both direct and indirect challenges, as well as challenges as a consequence of legislation or governmental action intended to address specific issues, such as anti-terrorism legislation, government surveillance, and anti-money laundering legislation. 141 The Work of the Task Force Our work started with a compilation of relevant literature on the legal, policy and historical bases for the independence of the legal profession and the development of a preliminary list of “indicators of independence” to help with the survey of developments in various jurisdictions in a structured way. The “indicators of independence” that we have looked at include: • How the legal profession is licensed and regulated, and the extent of the profession’s ability to regulate itself without external (e.g. government) influence. • Freedom of lawyers to join independent professional organizations. • Lawyers’ ability to represent unpopular clients or controversial causes (e.g. representation of those accused of terror) without fear of prosecution or other reprisals. • The strength of the principles of attorney-client privilege (common law countries/professional secrecy (civil law countries) and how they hold up under stress, e.g. o anti-terrorism measures enacted in response to threats to national security; anti money laundering legislation and its effect on attorney-client privilege and professional secrecy. • The ability of the legal system to withstand political/media/community pressure in times of perceived national emergencies, and the extent to which the rule of law is maintained even in circumstances of heightened security concerns, e.g. o Pressure to interpret the law in the government’s favor; to refrain from challenging the constitutionality of questionable legislation; to secure convictions and uphold administrative detentions. • The inclusiveness of the profession, and any barriers within the legal profession to participation by women and minority groups. The Task Force has also looked at the implications of changes in the structure of the legal profession, such as non-legal ownership of law firms, the emergence of “quasi legal” organizations and the general commercialization of the profession – and their impact on the independence of the legal profession. Consultation by the Task Force An important feature of this project has been consult widely so that challenges to independence are identified in a wide range of jurisdictions. 142 Through our Task Force Members we received responses to our survey questions from Argentina, Australia, Brazil, Hungary, India, Mexico, Nigeria, Poland, Sweden and the Ukraine. In addition to jurisdictions represented by our Task Force members, we: • Consulted with Bar Leaders at Roundtable discussions at the Opening of the Legal Year of England and Wales, and received responses to our survey questions from Canada, US, the Czech Republic and Germany. • Developed strong links with the Union of Iranian Bar Associations to discuss the project following a presentation in Tehran; • Have addressed a Roundtable of Bar Leaders at a dedicated gathering in Kuala Lumpur prior to the Opening of the Legal Year in January 2016; • Conducted a dedicated Roundtable for Bar Leaders in Barcelona on 25 May 2016 to discuss the proposed indicia of independence as part of the IBA Bar Leaders’ Conference; • Consulted with lawyers and representatives from bar associations at the PPID Open Forum on 27 May 2016. Following these sessions, further survey reports have been received to add to the date being collated in the Task Force Report. Next Steps We are expecting comments on the latest draft of the report. We expect to send the final draft by 19 August 2016 to the Divisions and Content Teams. The Task force agreed that the draft report will be presented in Washington in its unedited version. Respectfully submitted, Sylvia Khatcherian, Co-Chair Margery Nicoll, Co-Chair Task Force Members Olumide Akpata, Nigeria Akil Hirani, India Peter Koves, Hungary Ken Murphy, Ireland Anne Ramberg, Sweden 143 Martin Solc, Czech Republic, IBA Vice President Philip Tahmindjis – IBA Secretariat, UK Maximo Bomchil, Argentina Ronaldo Veirano, Brazil Carita Wallgren, Finland Tomasz Wardynszki, Poland Claus Von Wobeser, Mexico Horacio Bernardes-Neto, IBA Secretary General Legal Support: Elizabeth Nielsen, Debevoise, New York Julianne Marley, Debevoise, New York Additional Support: Mariya Peykova (IBA, London, UK) 144 12. Reports from Standing Committees a) Online Services The Committee has continued to be active in its role as the adviser to the Association's head office on computing and internet matters. The Committee has been notified by Alan Dunlop of his resignation. Alan has been on the Committee for over 15 years, the Committee is very appreciative of Alan's contribution to its deliberations during that time. The Committee is considering what the IBA should be doing to protect itself from cyberattack. Following the release of the Panama Papers and other similar security breaches, the Committee is also considering what the IBA could be doing to promote best practice against such attacks across the profession. Following the reconfiguration of the IBA's website, the Committee is reviewing what services the IBA should be developing online. The Committee is also analysing what materials should be made available and how they should be sourced, either directly or via the IBA's various specialist committees. The Committee is considering ways in which content could be made more widely available through the website, including filming conferences, whether in whole or certain sessions and/or providing key-point summaries of certain sessions. Simon Walker Chair b) IBA Foundation The International Bar Association Foundation (the “IBA Foundation”) continues 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, competent legal services and legal services administration. The IBA Foundation has awarded the following grants since the date of its last report to the Council: • New Family – Family Unification Project. A grant of US$5,000 to New Family – Family Unification Project in Israel to provide legal aid to interfaith and bi-national families unrecognized by Israeli law. • Accion International. A grant of US$5,000 to Accion International in support of its global campaign promoting client protection principles in microfinance. • Forum for Community Change and Development (“FCCD”). A grant of US$10,000 to FCCD to assist in building the capacity of the South Sudan judiciary to administer refugee law principles and to interpret the refugees act • Via Iris. A grant of US$1,920 to Via Iris to promote the rights of the public in matters of environmental protection through training the staff of environmental NGOs and the publication of a free on-line manual providing instruction on participating in the environmental protection actions. • Advocates for International Development (A4ID). A grant of US$5,000 to A4ID for the development of high quality business, corporate governance and human rights emodules to train Kenyan and Indian legal practitioners 145 The IBA Management Board recently approved a restructuring of the IBA Foundation that will strengthen its internal operations, heighten its working relationship with the IBA, and elevate the presence of the IBA in the rule of law arena. The IBA Foundation encourages IBA Officers and Councillors to direct organizations that may be eligible for IBA Foundation grants to our Vice President for Grant Administration, Russell DaSilva, at [email protected]. Timothy E Powers Chair c) Human Rights Institute Charitable Trust Report on activities, 01 April 2016 – 31 July 2016 The current Trustees of the International Bar Association’s Human Rights Institute (IBAHRI) Charitable Trust (‘The IBAHRI Trust’) are: • Julia Onslow-Cole (Chair) • Graeme Kirk • Fernando Pelaez-Pier • Anne Ramberg • Mark Stephens Since its last report to IBA Council at the IBA Council meeting in Barcelona in May 2016, the IBAHRI Trust has continued its work under the objects of the Trust Deed. Grants made from 1 April to 31 July 2016 were: • Additional Scholarship Monies for IBAHRI interns: £10,000 GBP. • Scholarship Monies for IBA ICC interns at the IBA’s Hague Office: £11,792 GBP. • Lawyers and lawyers’ independence at risk: typology of threats and protection mechanisms: £11,240 GBP. • Lawyers and lawyers’ independence at risk: attendance of additional delegation members to IBAHRI co-convened meeting in Belgrade: £4,341 GBP. • To facilitate the establishment of an independent national bar association in Timor Leste: £40,000 GBP. • Nurturing a new generation of human rights lawyers in Azerbaijan: £45,684 GPB. • The Law on the Use of Drones: £5,000 GBP. • IBAHRI UN Programme: Research project: Human Rights, Sustainable Development Goals and Economic and Fiscal Policies: £12,688 GBP. • IBAHRI UN Programme: Enhancing the visibility and effectiveness of the legal profession at the UN: £57,018 GBP. Julia Onslow-Cole Chair of Trustees 146 13. Reports from Deputy Secretary Generals a) African Regional Forum 1. It gives me pleasure to report on the activities of the African Regional Forum. 2. There was no change in the officers of the African Regional Forum during the period under review. The officers have been highly participatory and helpful in advancing the work of the forum. 3. I make the following recommendations regarding the incoming officers. I assume that other officers will be selected by the co-chairs in collaboration with Michael Greene. 3.1 Co-chairs i. Nene Amegatcher Sam Okudzeto & Associates, Ghana ii. Pieter Steyn Werksmans, South Africa 3.2 Vice-chair i. Anthony Atata Hallblack Law Firm, Nigeria 3.3 Other Officers i. ii. iii. iv. v. vi. vii. Peter Kasanda Tanzania Vimbai Nyemba Zimbabwe Dr Nechi Ezeako Nigeria Linda Kasonde Zambia Tito Byenkya Law Society of East Africa Caliis Nii Oman Badoo Ghana Ngosa Simachela Zambia 3.4 Advisory Board Members i. ii. iii. iv. v. vi. vii. Michael Greene Peter Leon Olufunmi Oluyede Dorothy Ufot Barnabas Tumusingize Jacob Saah Sternford Moyo 147 viii. Funke Adekoya 4. A highly successful investment in Africa Conference was held in London at the end of June 2016. It was a joint initiative by the African Regional Forum, the North American Forum, the Mining Law committee and the Banking Law Committee. It was an example of the African Regional Forum working across the IBA geographically and thematically by collaborating with the North American Forum and thematic committees of the IBA. Numbers exceeded the New York Conference. President David Rivkin welcomed the delegates. The LPD was represented by Peter Bartlett. Comments from the delegates on the conference were very positive. The next investment conference will be held in Paris in June next year. 5. A regional forum conference was held in Livingstone, Zambia in November last year. It was a resounding success. The discussions were enriching for the delegates. President Lungu of Zambia opened the conference. Strive Masiyiwa, the Founder of Econet Wireless, now a telecommunications giant in Africa was the guest speaker. All the sessions took off successfully and excited a substantial amount of interest and participation from the delegates. 6. There was a well-attended Bar Leaders’ Conference immediately before the conference. We also managed to have a young lawyers’ day which we hosted jointly with the Law Firm Management Committee. Dr Hermann Knott was extremely helpful and instrumental to the success of the Young Lawyers’ day. 7. The next African Regional Conference will take place in Accra Ghana. Dates are still to be fixed. 8. Unfortunately, most African economies are experiencing a slowdown in growth. The Zambian conference succeeded because of additional incentives we had to introduce to motivate registrations. A number of African lawyers experience some difficulty in sponsoring themselves for conferences. The M&A conference in Johannesburg had to be cancelled because it was unaffordable to most African lawyers coming as it did against a background of a massive depreciation of the Rand and other regional currencies. 9. The African Regional Forum received a number of complaints from African lawyers complaining that annual conferences are not affordable to them. A number of central banks in Africa are controlling amounts that can be spent outside their jurisdictions because they are experiencing trade deficits emanating from the fall in commodity prices on the international markets and negative changes in the values of their domestic currencies in the foreign exchange markets. 10. During the Washington DC Conference, the African Regional Forum shall be sponsoring two sessions namely, 10.1 How African lawyers and bar associations should respond to foreign lawyers seeking to perform professional services in their jurisdiction. 148 10.2 The impact of illicit financial flows on Africa’s development and what African Bar Associations should recommend to their members and governments in response to the illicit financial flows. 11. In addition, the forum shall be collaborating with other committees hosting topics which are of special interest to African Lawyers. 12. The Lagos Criminal Law conference which ought to have taken place last year was postponed and will now take place on a date to be advised. 13. Membership of the African Regional Forum has enjoying impressive growth. Nigeria has the largest number of both old and new members because of its population of lawyers and the interest shown in that country in the activities of the IBA. An impressive trend is that a number of African jurisdictions which had not shown as much interest in the activities of the forum came on board during the past year and we are beginning to see membership right across Africa with the exception of North Africa where, for some strange reasons which we still do not understand, little interest has been shown in joining both the IBA and the African Regional Forum. 14. Regrettably, only a few candidates participated in the essay writing competition run by the law firm management committee and supported by the African Regional Forum. Considering that the competition had been opened to all African lawyers and the prizes included sponsorship in attending the Washington DC conference and other awards including IBA membership for two years, we had expected greater interest in the competition than was displayed. However, adjudication did take place and a winner was selected. 15. Finally, I would like to express my gratitude and appreciation to the IBA Office in London for all the administrative support extended to the forum, to the President of the Association David Rivkin for making four visits to Africa during his first year in office, to Michael Greene who has tirelessly supported and guided both the officers and the advisory board and to my fellow committee members for their advice and dedication to the affairs of the forum. Sternford Moyo Chair b) Arab Regional Forum 1. Casablanca Session - 11 February 2016 The President of the IBA helped raise awareness of the IBA among Arab lawyers, by leading a session in Casablanca on 11 February 2016. The session was well attended and was a success. The President subsequently held a conference call with senior ARF officers to discuss feedback from the session, and actions to be implemented. 2. Successful Inaugural Regional Conference held in Dubai on 16 and 17 May 2016 The ARF aims to hold a major regional conference, once every 2 years. 149 The first such conference was held in Dubai on 16 and 17 May 2016 and the attendance approached 300 delegates, which was significantly above expectations and targets. The topic was Dispute Resolution in the Arab Region and the event covered arbitration, litigation, mediation, and enforcement in the region. The ARF was supported by the Litigation Committee, the Arbitration Committee and the Mediation Committee. The conference was also supported by the IBA's Corporate Counsel Forum, and the attendance of in-house lawyers who are would-be clients for private practice attendees was instrumental in the attraction and success of the event. The conference programme was carefully designed to be of interest to regional and international lawyers, including in-house lawyers, and a significant number of lawyers did indeed travel to Dubai to attend. Dubai was selected as the venue due to its large and supportive legal community, its infrastructure, security and location. The sponsorship target set by the IBA was exceeded by multiple times. Following this success, planning has commenced for the next Regional Conference, which will take place at a convenient date during Spring 2018. 3. Support of the Mediterranean conference held in June 2016: the ARF played an active role in supporting and attending this Conference. 4. Support of the Asia Pacific Regional Conference, scheduled for Mumbai in February 2017: the ARF will play an active role in supporting and attending this Conference. 5. Washington DC annual conference - planned activities: The ARF is hosting a panel entitled "Regulatory, Compliance and Enforcement Challenges in the Middle East." Panelists will examine the regulatory frameworks that most affect business in the Middle East and will discuss the regimes businesses have developed to manage regulations relating to export controls, anti-corruption and anti-money laundering. The panelists will also explore the role of local, international, and multi-national enforcement agencies as well as that of arbitration centres. The IBA's Anti-Corruption and Litigation Committees, as well as the Corporate Counsel Forum, are co-sponsoring this session, which takes place the morning of Monday, 19 September. We are holding the popular, annual ARF lunch on Monday, 19 September. We will again participate in the intra-Fora session, which this year is entitled "The World invests in the US, the US invests in the World." 6. Through existing in-country Officers, the ARF continues to seek to better opportunities for the IBA in Saudi Arabia, Lebanon and Egypt. In furtherance of this outreach initiative, we are also identifying new Officers based in Morocco, Qatar, Bahrain and Qatar, in order for them to become Officers from 1 January 2017. 7. Outreach to Corporate Counsel in the Arab Region: the two in-house lawyers who are Officers of the ARF have engaged with the IBA Corporate Counsel Forum, to enhance promotion of the regional corporate counsel community in the IBA and our region. As mentioned above, the Corporate Counsel involvement with, and attendance at, the Regional Conference held in May in Dubai was an important success factor. 8. Young Lawyers / Students: two Officers of the ARF are looking into ways of increasing engagement with young lawyers and students in our region. Sadiq Jafar / Nasser Ali Khassawneh (Co-Chairs of the Arab Regional Forum) 150 c) Asia Pacific Regional Forum Introduction The continued growth of the IBA and the APF in Asia will continue to be the guiding objective for 2016/2017. One of the principal aims this year is to encourage further participation from both external counsel and in-house counsel in the activities of the IBA in both China and India. To this end, the APF started 2016 by engaging with representatives from the Ministry of Justice in China as well as managing partners of major Chinese law firms and in-house counsel of large multinationals in China. This is in addition, to increasing dialogue with representatives from the various bar associations in China. This is fortified by the recent activities in Beijing and Shanghai where the following were held: (a) Meeting with representatives from the Ministry of Justice, China in Beijing on 2nd March 2016. The IBA delegation was led by the IBA President; (b) Lunch event with senior members of the bar and in-house counsel in Beijing on 2nd March 2016; (c) Meeting with the Vice Mayor of Shanghai on 3rd March 2016. The IBA delegation was led by the IBA President; (d) Lunch event with senior members of the bar and in-house counsel in Shanghai on 3rd March 2016; (e) Asia Pacific Arbitration Group Meeting in Shanghai on 3rd March 2016; and (f) International Arbitration Day in Shanghai on 4th March 2016. The APF continued to support all IBA activities in the region and during the 1st and 2nd quarter of 2016. The APF has added new category of officers, to its roster, namely: (a) Bar Association Liaison Officer; (b) China Liaison Officer; and (c) Academic and Professional Development Committee Liaison Officer. IBA Annual Conference in Washington With the Annual Conference in Washington in September, 2016, the APF is involved in the following sessions, namely: (a) Joint Session with All Regional Fora entitled “The World Invests in North America and North America Invests in the World”; 151 (b) Joint Session with the International Sales Committee entitled “A game of thrones: interaction between manufacturer and distribution channels”; (c) Joint Session with the IP & Entertainment Law Committee entitled “The brave new world, doing more (or at least as much) with less”; (d) Joint Session with the Mediation Committee and the Litigation Committee entitled “Navigating Dispute Resolution in North America and the Asia Pacific Region – do we use the same ship?”; and (e) Asia Pacific Arbitration Group (APAG) Session entitled “Lessons learned and looking ahead: 30 years of investment arbitration in Asia”. China Working Members Group In so far as China is concerned, the APF is continuing to support the efforts of the IBA President and the LPD Chair in setting up a contact group to engage lawyers in this jurisdiction. To this end the China Working Members Group has been set up. The China Working Group has been formed in order to advise the IBA on activities in China and to keep the IBA’s members aware of various events and initiatives in the region. The inaugural co-chairs of the China Working Group are Caroline Berube, the Co-Chair of the Asia Pacific Regional Forum and David Dali Liu of Jun He Law Firm. The members of the working group are listed below. First Name Caroline David Dali Victor Janet Yung Wun Lap (Dominic) Yoshio Eric David Dingfa Hiroshige Philip Jingzhou Tim Graham Family Name Berube Liu Ho Hui Hui Law Firm Iteya Jiang Liu Nakagawa Rohlik Tao Wang Wladimiroff Mori Hamada & Matsumoto Jurisino Law Group FuJae Partners Anderson Mori & Tomotsune Debevoise & Plimpton Dechert Clifford Chance Akzo Nobel (China) Investment Co Ltd King & Wood Mallesons Zhong Lun Law Firm Jincheng Tongda & Neal Law Firm Fangda Partners Chance Bridge Partners Ariel Jiong Nancy Ye Zhang Zhang Jonathan Ning Zhou Zhu HJM Asia Law Jun He Law Offices Allen & Overy Jun He Law Offices Ribeiro Hui (Shanghai) 152 The China Working Group in 2016 has done the following: (a) Published its own news-letter; (b) Assisted in the organisation of open dialogue between the IBA and the Chinese Government and the local bar association as well as in-house counsel in large foreign and domestic multinationals in China; and (c) Assisted in organisation and participation of delegates at the APAG Breakfast Meeting on 3rd March 2016 and the International Arbitration Day on 4th March 2016 in Shanghai, China. The APF has appointed a China-Working Group Liaison Officer, Joe Chen of Jun He Law Firm to assist Caroline Berube and David Dali Liu in their work. Asia Pacific Arbitration Group (APAG) Since the APF and the Arbitration Committee jointly established the APAG in 2013, the APAG CoChairs, Sunil Abraham and EY Park, successfully increased participation from Asian and Australasian member countries. The present APAG Co-chairs are Yoshimi Ohara and Reza Mohtashmi. APAG held its APAG Meeting conjunction with the 19th Annual IBA International Arbitration Day in Shanghai, China on 3rd 2016. Attendance was in excess of 140 delegates practising in the region and the key note speaker was Mr. Philip Yang, one of Hong Kong’s most respected arbitration practitioners. APAG has organised a training day in Jakarta, Indonesia on 4th November 2015 with a further training held in Kuala Lumpur, Malaysia on 3rd June 2016. Planning is in place to hold further training days in India, Thailand and Myanmar in 2017. APAG will also be planning to hold an APAG Breakfast or Luncheon Talk on December 2016 in Hong Kong in conjunction with a joint specialist conference being organised by the mediation committee, arbitration committee and APF. APAG also established two working groups - Working Group on Harmonizing Arbitration Laws in the Asia Pacific Region and Working Group on Initiatives for Harmonizing Arbitration Rules and Practices. These working groups are tasked with preparing a report and are presently working on a survey to be issued to APAG members in so far as arbitration in the region is concerned. Conferences in 2016 In 2016, the focus has been on producing excellent regional conferences with higher number of attendance. Some of the conference the APF has been involved in 2016 are listed below: (a) Asia Pacific Arbitration Group Meeting, Shanghai, China – 3rd March 2016 This event was organised by APAG wherein the guest note speaker was Philip Yang based in Hong Kong SAR. Thereafter there was a panel discussion on key issues facing practitioners and arbitrators in the Asia Pacific Region. Attendance: 155 participants (b) International Arbitration Day, Shanghai, China – 3rd and 4th March 2016 153 A conference presented by the IBA Arbitration Committee, supported by the IBA Asia Pacific Regional Forum and the Shanghai International Economic and Trade Arbitration Commission (SHIAC) Topics included: • The culture of international arbitration • Comparative enforcement of awards – latest developments • Regionalism: the new and future wave? • East/West investment arbitration Attendance: 507 participants (c) 2nd IBA Asia-based International Financial Law Conference, Singapore – 10th to 11th March 2016 A conference co-presented by the IBA Banking Law Committee and the IBA Securities Law Committee, with the support of the IBA Asia Pacific Regional Forum Topics included, inter-alia, the following: • Attractions of and challenges in tapping the capital markets in Asia • Dispute resolution in cross-border investment and trade • Cross-border banking in Asia • Rise of shareholder activism in Asia • Growth of Islamic finance in Asia • Standardisation of loan documents in Asia • Financing mergers and acquisitions in Asia • Evolving banking regulations and post-2008 financial centres • Asian sovereign wealth funds • Covered bonds in Asia Attendance: 353 participants (d) The Changing Landscape of M&A in Mumbai, India – 18th to 19th March 2016 Topics include the following: • The role of private equity in India’s economic growth • Merger control: game changer in doing business in India • The rise of corporate governance and shareholder activism in India • Emerging tax themes affecting M&A transactions in India • The 2013 Companies Act – a critique • India’s investment climate Attendance: 143 participants (e) Opportunities and Challenges in M&A Transactions, Johannesburg, - 21st to 22nd April 2016. This is a conference exploring current trends and latest developments in the African M&A. Topics include: • Africa: the continent of the 21st century? • Investing in Africa: regulation investment incentives and investment protection 154 • • • • Finance and capital market trends in Africa Best practice and key transactional issues in African cross-border M&A – the general counsel view Private equity – investment in Africa Investments in telecommunications The APF is specifically involved in the session relating to investment in telecommunications in the African region. (f) Pre-International Competition Network Forum Conference Competition Policy and Enforcement: Global Challenges, Regional Cooperation and Solutions, Singapore – 26th April 2016 A conference jointly presented by the IBA Antitrust Committee and the World Bank Group, supported by the IBA Asia Pacific Regional Forum Topics include: • Shaping better competition policies through regional initiatives: leveraging the synergies between trade and competition • Achieving good competition policies through procedural fairness • Enhancing cartel enforcement to foster shared prosperity and private sector development (g) Asia Pacific Arbitration Group Training Day, Kuala Lumpur – 3rd June 2016 This training day was organised to inform and educate arbitration practitioners primarily in Malaysia of the various IBA Guidelines and to deal with hot topics affecting arbitration practitioners in the region. Attendance: 79 participants The APF is in the midst of planning the following events: (a) 3rd Asia Law Firm Management Conference in Tokyo, 17 October 2016 (b) Anti-Corruption Conference in Seoul, 3-4 November 2016 (c) YLC Training Day in Seoul, 4 November 2016 (d) Joint conference with the Mediation and Arbitration Committee, Hong Kong, 2nd December 2016. [Note: An APAG Meeting is being planned in Hong Kong for 1st December 2016] Conferences in 2017 In 2017, the following conferences have been lined up to date: (a) YLC Training Day, Mumbai, India – 15th February 2017 (b) 4th Asia Pacific Regional Forum Conference, Mumbai, India – 16th to 17th February 2017 155 (c) Asia Pacific Arbitration Group Training Day, Mumbai, India – 18th February 2017 (tentative) (d) IBA Annual Conference, Sydney, Australia – 8th to 13th October 2017 (e) Asia Pacific Arbitration Group Training Day, Myanmar - dates to be confirmed (f) Asia Pacific Arbitration Group Training Day, Thailand – dates to be confirmed (g) Competition Mid-Year Conference, China – dates to be confirmed (h) Asia Pacific M&A Conference, China – dates to be confirmed Newsletter The APF continues to publish two Newsletters each year. Caroline Berube / Sunil Abraham Co-Chairs d) European Regional Forum Scholarship We have invited to apply for the annual scholarship for young lawyers to attend the IBA Annual Conference in Washington with essays on “The nature and importance of legal safeguards available to nation states in Free Trade Agreements to ensure that their sovereignty is not sacrificed at the altar of free trade”. We have received various interesting essays and are pleased to announce we will have the winner attending. IBA Annual Conference Washington The ERF is running a number of sessions at the annual conference. We, jointly with the North American Regional Forum are organizing a panel discussion “Transatlantic Trade and Investment Partnership and its Impact on Transatlantic Relations”. The event will be an excellent opportunity to bring together government officials, diplomats, academics and business leaders to discuss the proposed agreement. We are collaborating in organizing, this time with the lead of the North American Regional Forum and the involvement of all the other fora a networking session “The World Invests in North America, North America Invests in the World”. This is a follow – on event from the previous events which allows lawyers from all over the world to interact with each other to discuss cultural and business opportunities and challenges across all our regions. Designed as an informal round table format it has proven extremely popular as a different type of IBA event and we hope with adequate marketing from all fora it will have excellent attendance. The event encapsulates the global nature of the IBA and a great collaboration between all – this is what the IBA is all about. In addition, we are collaborating with the IBA Banking Committee to co-host a session called "Is the European Banking Union keeping its promises?" French Spanish Day 156 The French - Spanish day was held on February 4 in Madrid. It was a great success with approximately 130 attendees, organized with the Madrid Bar. Almudena Arpón de Mendivil was very active together with two of our colleagues who were directly involved, as well as other French members of the IBA. 2nd Global Entrepreneurship Conference We supported the Closely Held and Growing Enterprises Committee with this conference which was held on May 24-25 in Barcelona. This event was a huge success not just in terms of the numbers- over 200 attendees, but also in terms of the quality of the event itself. 4th Mediterranean Conference We have organised the 4th Mediterranean Conference, this time on Sustainable Agriculture and Food Security in the Mediterranean Region which was held on June 5 – 7 and was supported by a number of other IBA Committees. Balkan Legal Forum Another highlight in 2016 was the Bi-Annual Balkan Legal Forum in Vienna on June 5 - 7. With almost 200 attendees this was again a very successful event demonstrating the interest of IBA members in attending regional events composed of one day of legal topics and one day of management topics. This event also serves as a broad platform to attract new members to the IBA, particularly in underrepresented parts of Europe. The Forum was opened by the incoming IBA president Martin Solc, our co-chair Alexander Schwarz and Borislav Boyanov as the founder and long-time organizer of the Forum. European Start Up Conference We are hosting the first IBA European Start Up Conference in London on November 16. This event is being held at Level39 in London’s Canary Wharf. Level39 is Europe’s largest technology accelerator for finance, retail, cyber-security and future cities technology companies. This is perhaps the most unique IBA event in this year’s calendar- designed to be a low cost event directed towards younger lawyers working in the start- up field, it brings together the start- ups, accelerators, incubators and lawyers who wish to learn mora about how we can best support this fledgling industry group. Alexander Schwarz / Szymon Kubiak Co-Chairs e) Latin American Regional Forum Every year, the Latin American Regional Forum (LARF) launches two main projects: 1. Young Lawyers Training Program: Conference addressed to young lawyers in the jurisdiction where the LARF’s regional conference is held; it involves legal training as well as an introduction to the IBA, its activities, benefits, etc. This program allows us to collaborate with the education of young lawyers from the country where the regional meeting is held and, at the same time, inform them about the IBA and its benefits, in order to spark their interest in the organization and its activities, so as to gain 157 new members. 2. Scholarships: The scholarships are awarded to young lawyers who wish to participate in IBA conferences, but who are unable to do so due to financial constraints. The LARF counts on scholarships granted through a contest among young lawyers who must submit a paper on a current legal topic of interest. Then, a group of officers selects the best papers and the winners are awarded a full scholarship to participate in the annual or the regional meeting. The scholarships that have been granted are the following: • Alberto Lasheras-Shine Scholarship • Jack Batievsky Scholarship • Rogelio de la Guardia Scholarship 3. Publications: The forum will continue to prepare the LARF Newsletter and E-Bulletin. 4. Conference supported by LARF During the second semester of 2016 the LARF will sponsor the “3rd Annual IBA Corporate Governance Conference” on November 3-4, 2016, in Miami, USA (Co-presented by the IBA Capital Markets Forum, IBA Corporate and M&A Law Committee and IBA Securities Law Committee). 5. LARF’s Activities during the IBA Annual Meeting 2016 in Washington, D.C.: The LARF has organized the activities and sessions listed below: Monday 14:3017:30 Tuesday Tuesday 8:30-9:30 12:30-1430 Tuesday 14:3015:30 Wednesday 8:30-9:30 Wednesday 10:4512:30 Wednesday 14:3017:30 Crime and punishment? How foreign and local corruption laws and their enforcement are impacting the business environment and legal profession in Latin America. LARF´s officers breakfast. LARF Lunch. This luncheon is one of the gatherings with the most attendance due to the interest in the region. Therefore, it is a key activity to promote and encourage membership. Open committee business meeting. Every year, the LARF holds an open business meeting during the IBA’s annual meeting. This meeting has always produced excellent results and, because of the copious attendance, we have been able to learn and absorb a great deal from the ideas of participants. LARF Young Council breakfast meeting. The world invests in North America and North America invests in the world. (Organized by the North American Forum and Co-presented by all the Reginal foras) 2005-2015: was that a successful decade? A hard look at the impact of foreign financing (private and multilateral) in Latin America. 158 6. Mergers and Acquisitions in Latin America conference Finally, the LARF has agreed to hold the Mergers and Acquisitions in Latin America conference in Buenos Aires on March 15-17, 2017. This conference will be presented by the IBA Corporate and M&A Committee and the IBA Latin American Regional Forum. Ricardo Veirano / Carlos Dominguez Co-chairs f) North American Regional Forum Building on the work of prior years, the North American Regional Forum (“NAF”) has continued to be very active in its efforts to raise the profile of the IBA in the region and increase membership and the benefits of membership for those in the region. This report focuses on NAF’s initiatives with respect to (1) special projects, (2) projects for young lawyers, and (3) succession planning. 1. Special Projects Over the past year, NAF has been especially active in leading and supporting a number of events and conferences. In 2015, NAF led, co-organized, or supported approximately a dozen conferences and panel sessions. Below is a summary of the special projects that NAF has participated and/or is participating in since the October 2015 Annual Conference in Vienna. Special Projects Organized and Led by NAF On April 25, 2016, Los Angeles-based NAF Advisory Board members worked with Michael Maya to organize a cocktail party in downtown Los Angeles for IBA and potential IBA members at which David Rivkin spoke about the IBA and the value of membership and attending the DC conference. It was well attended and could potentially be an annual event held in advance of IBA annual conferences in order to broaden a weak West Coast IBA membership. On 29 June to 1 July 2016, NAF co-led the “2nd Annual Investing in Africa Conference: Opportunities for Business and the Lawyers Who Counsel Them” in London. This conference was attended by 126 registrants from 26 countries who had a very positive evaulation of the panels and, is also a unique conference which features the coordination with the African Regional Forum. Also NAF invited the following committees to be entirely responsible for significant portions of the conference, including selecting topical issues for discussion, appointing a moderator, and naming the speakers: Power Law Committee, Mining Law Committee, Oil and Gas Committee, Banking Law Committee, and the Law Firm Management Committeenumerous and was an outgrowth of the successful “Investing in Africa” conference in New York City in 2015. As a result we were able to showcase NAF’s ability and willingness to cooperate. On Feb 1 to 3 2017, NAF will be leading the third in a series of successful Silicon Beach conferences. This is one of NAF’s signature events focusing on legal developments in the technology sector, which is largely still driven by North America. This will be another conference where NAF has demonstrated its ability to cooperate and will work closely with the Closely Held and Growing Enterprises Committee, Intellectual Property and Entertainment Law Committee and Technology Law Committee 159 Special Projects During the Upcoming IBA Annual Conference During the 18-23 September 2016 Annual Conference in Washington, D.C., NAF will be leading and supporting a number of key events and panels: • Featuring former Ambassador to France and current Assistant Secretary of State for Economic Affairs, Charles Rivkin, as the Keynote Speaker for the NAF Annual Luncheon. NAF has been able to attract excellent attendance to this event. • Organizing the Annual NAF Networking Cocktail Party for all NAF officers and members. As one of the initiatives spearheaded by former NAF chair, Paul Lalonde, this event has been very popular and well attended. • Co-leading with the European Regional Forum a session on “The Transatlantic Trade and Investment Partnership & Its Impact on Transatlantic Relations.” • Co-leading with the Criminal Law Committee the “One toke over the line” session on the issue of the legalization of marijuana in North America. • Co-leading with the Law Firm Management Committee the “Sleepless in the C-suite” session on the concerns of high-level executives. • Co-leading a session on “The World Invests in North America and North America Invests in the World.” • Supporting the “Branding in Sports” session being led by the Leisure Industries Section. Special Projects Supported by NAF In March 2016, NAF supported the Singapore International Financial Law Conference. On 14-15 April 2016, NAF supported the IBA Annual Employment and Discrimination Law Conference in Mexico City. On 17-20 April 2016, NAF supported and co-marketed the Biennial Conference of the Section on Energy, Environment, Natural Resources and Infrastructure Law in New York City. On 27-29 April 2016, NAF supported the IBA Annual Litigation Forum Conference in San Francisco, California. On 3 May 2016, NAF supported the Law Firm Management’s conference entitled “The Future is Here: Insights and Experiences from Today’s Law Firm Innovators” in New York City. On 3-4 June 2016, NAF is supporting the Fourth Annual IBA World Life Sciences Conference taking place in San Francisco, CA, USA. On 7-8 June 2016, NAF is supporting the 15th Annual International Mergers & Acquisitions Conference in New York City. On 2-4 November 2016, NAF is supporting the “3rd Annual Corporate Governance Conference” in Miami, Florida. On November 2-4 NAF is supporting the European Start Up Conference in London. 160 2. Projects for Young Lawyers In addition to the special projects listed above, NAF has continued to focus on projects specifically targeted at young lawyers. In conjunction with the 2016 Annual Conference in Washington, D.C., NAF has been collaborating with the Academic and Professional Development Committees to prepare an event targeted at young lawyers and law students entitled “A Day in the Life of an Associate at an International Law Firm.” This program is specifically designed to provide content that is likely to be of interest to young lawyers and law students, while introducing them to the IBA and the benefits of membership. Because this program aims to attract a large number of young lawyers who are not yet IBA members, it is proposed that there will be no cost to attend this program. The program will not be held at the IBA Annual Conference facility but instead will be hosted by the Washington, D.C. office of White & Case. There will be a short reception following the panel discussion. NAF also has been working to develop a scholarship programme for students of leading law schools across Mexico, the United States, and Canada to defray the costs of attending the IBA Annual Conferences. As currently envisioned, the NAF scholarship would be awarded to the student(s) with the best written essay(s) on a topic related to North America and a topic that will be showcased by NAF during the Annual Conference. The purpose of the scholarship is to increase the visibility of the IBA and NAF to law students and to enhance the substantive presentations during panels led by NAF. The scholarship is being planned to be launched for 2017. 3. Succession Planning As part of its long-term planning efforts, NAF follows a succession plan that seeks to encourage and promote to senior officer positions those officers and members who show commitment, responsiveness, and the ability to be an excellent representative of NAF and the IBA. Leadership responsibilities are divided amongst the officers to ensure that all have the opportunity to demonstrate their dedication and talents while deepening their exposure to and knowledge of NAF. As a result, NAF finds itself in the position of having five strong Senior Vice-Chairs and ViceChairs, all of whom have been active in NAF for many years and have successfully led numerous initiatives and projects. 4. Membership NAF has a number of working groups dedicated to boosting membership and membership benefits. This includes a Working Group on Membership and a Working Group on Social Media. Among other things, the Working Groups have focused on receptions for young lawyers and law students, round tables for various industry representatives, and other programmes. NAF is also involved in the English Speaking Caribbean Initiative, which aims to increase outreach to legal organizations in the English speaking Caribbean and to engage them more actively in the IBA. NAF also works closely with Michael Maya of the IBA office in Washington, D.C. to promote corporate sponsorships and membership initiatives. 5. NAF Scholarship Programme NAF also has been working to develop a scholarship programme for students of leading law schools across Mexico, the United States, and Canada to defray the costs of attending the IBA Annual 161 Conferences. As currently envisioned, the NAF scholarship would be awarded to the student(s) with the best written essay(s) on a topic related to North America and a topic that will be showcased by NAF during the Annual Conference. The purpose of the scholarship is to increase the visibility of the IBA and NAF to law students and to enhance the substantive presentations during panels led by NAF. 6. Coordination with the IBA Foundation NAF continues to work closely with the IBA Foundation and the IBA North American office to promote the work of the IBA Foundation and to identify worthy programs and causes for grants in an effort to further enhance the impact and reputation of the IBA within North America. Luis Fernando Gónzalez Nieves / Hansel T. Pham Co-Chairs 162
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