THE CHARTERED INSTITUTE OF ARBITRATORS

EAST MIDLANDS BRANCH

(Chairman:  Bill Fisher)

BRANCH NEWSLETTER

January 2003

CHAIRMAN'S NOTE

The main activity within the Branch has been the consideration of the proposed Agenda for Change. The Institute is preparing a report on proposed changes to the Constitution; the Bylaws, Rules and this will involve how Branch representation is made. A sub-committee has been formed and is to report to Council in May 2003, with the aim of obtaining Privy Council approval to the changes by autumn 2003. The Branch Committee and each individual member will have further opportunities to comment on the proposals.

 

 

Since the Strategic Review in 2000, Council and the Executive Board has made great strides towards tackling the issues raised. Just to remind you, since 2000 the Institute has:

·           Achieved a successful transition to new headquarters;

·           Created a new library and the beginnings of an on-line information and resource centre;

·           Substantial improvements to the web site which gets more than 10,000 “hits” per week;

·           Increased membership globally by 7%;

·           Adopted new Branch Rules, new Regulations, a revised Code of Ethics and a bespoke code for mediators;

·           Introduced lay members to the Professional Conduct Committee to ensure transparency in the disciplinary process;

·           Prepared revised  Entry Courses for Arbitration, Adjudication and Mediation;

·           Opened our doors to civil and commercial mediators ;

·           Created a raft of new dispute resolution schemes with appointments for Mediators in rosters at the London County Court and elsewhere in England and Wales.

 

Your Branch Committee continues to work effectively with Headquarters in this continuing workload.

 

Branch activities are being planned in order to provide CPD for our members and your attention is drawn to the latter pages of this Newsletter. I would particularly draw your attention to the Mock Mediation, being held at the Nottingham Law School on 24 January.

 

I would also draw your attention to the Annual Branch Dinner, being held this year at the Yew Lodge Hotel at Kegworth on 16 April 2003. Guest of Honour will be Tony Canham, President of the Chartered Institute – a welcome return to the Branch. Guest speaker sees another welcome return for Tom Sutton. Some of you will remember he gave a very well received speech at our Dinner at the Donnington Thistle, some years ago.

Please ensure you reserve your table as soon as possible.

 

My best wishes to you all for a health, prosperous and dispute-free 2003.

 

Peter Dickinson

Branch Chairman

       Email: chair@CIArb-EM.org

 

HON. SECRETARY'S REPORT

New Members

 

We are pleased to welcome the following new members since the last Newsletter:

 

Ms J Tucker of Newark, Notts

Mr A P Johnson of Earls Barton, Northamptonshire

Mr P J English of Thornby, Leics

Dr DRV Jones of Radcliffe-on-Trent, Notts

Mr A J Granger of Market Harborough, Leics

Mr S E Winslade of Worksop, Notts

Mr R S Holland of Nottingham

 

     John Evans

     Honorary Secretary

     Email: sec@CIArb-EM.org

REPORT OF COUNCIL REPRESENTATIVE FOLLOWING COUNCIL MEETING HELD ON 3 DECEMBER 2002

The meeting was split into two parts due to the need to attend the Members Lunch. Your representative was not able to be present in the afternoon session.

 

In the morning session the following matters were approved:

 

1.  Agenda For Change.

The setting up of a sub-committee to investigate and recommend changes to the Constitution, the Rules, Charter and Bye-laws, and to incorporate the change of name for the Institute.

Expert advisors are to be appointed to consider the changes proposed and both individual members and all Branches will be given the opportunity to contribute.

The committee is asked to report by May 2003 whereafter Privy Council approval is expected in November 2003.

 

Your representative has been asked to serve on the sub-committee.

 

2.  Election of President for 2003/2004

Mr James Leckie was appointed, unopposed

 

3.  Election of Vice Presidents for 2003/2004

Mr Brian Eggleston

Mr Paul Jenson

Dr Eugen Salpius

Were elected following a vote

 

4.  Election of overseas Vice President.

Ms Dominique Brown-Berset was re-elected following a vote.

The other candidate was Mr Sundra Rajoo of Malaysia who, simply from his CV, attracted 14 of the 30 votes cast. This was seen by many as a vote of no confidence in the current Vice President, and no doubt the message was received.

 

5.  Appointment of Chairman and Deputy Chairman of Council for 2003/2004

Chairman – Mr James Leckie

Deputy Chairman – Mr Brian Eggleston

were elected un-opposed

 

6.  Budget for 2003.

This was approved with 2 votes against and 1 abstention. Your representative was one of the votes against.

This was because it was felt the budget had been prepared on defective information – eg an increase in membership numbers, and therefore fees, of 7%, when actual increase in numbers for 2002 stands at merely 3%.

There was however a further slightly worrying feature. As the Institute has suffered substantial losses during the past two years (mainly due to investment losses on the Stock market) the President and the secretariat had proposed changes to the way in which the Institute is run. This, without giving Council an opportunity to comment – other than by voting against approval of the budget. (one example was the reduction in Council meetings from four to three per year)

 

7.  Increase in subscription rates for 2004.

Council missed the opportunity to increase subscription rates for 2003 and an EGM is to be called to allow increases in subscriptions in 2004 by the RPI rounded up to the nearest £5.00. There is also proposed an extra levy on all Fellows of £20.00. There should be voting papers circulated.

 

8.  Disciplinary measures.

There was substantial discussion concerning the Disciplinary powers of the Institute. The discussion centres on two members and their failures.

Publishing the details of the failures and disciplinary measure taken, in both the Journal and the Annual Report, without including names was approved.

Publishing details of proven, or admitted, failures in future is likely to include the names of the members. This is an option already available to Council in the current regulations.

 

9.  Overdraft facilities.

This discussion was deferred until the afternoon session.

On the last occasion this was raised, in December last, Council refused authority to obtain overdraft facilities. It is anticipated that, with a new Hon Treasurer, and the discussion on the Institute’s financial state, it would this time be approved.

 

10.       Reimbursement of expenses for Office holders and Members.

This matter had been the source of many email transmissions over recent months. The working party had virtually completed its review and Council were to be asked to confirm the new regulations.

I expect the recommendations would be approved.

 

11.       The next meeting of Council is on 11 March 2003. This will be the last occasion on which I shall be acting as joint Branch representative, having served for three years.

 

Peter Dickinson

 Joint East and West Midlands

Council Representative

     Email: council@CIArb-EM.org

BRANCH TREASURER’S REPORT

Bank Balance

The balance in the bank is £6346.44. There is £235.00 that has been paid in, but not yet credited to the account. This is money raised from the seminar held in Northampton in November

 

VAT

The return for the Quarter ending December 31st. 2002 has been completed & sent to HQ

 

Functions

The Mock Adjudication held in November at Northampton raised a total of £235.00.

There were costs of £119.85, giving a profit of £115.15

 

Future Events

A Mock Mediation is being held at Nottingham Law School on the 24th. January.

 

     Bill Fisher

     Hon Treasurer

     Email: treas@CIArb-EM.org

 

WEB SITE EDITOR’S REPORT

You will note that on our web site, www.ciarb-em.org, there is a members' listing, which as been updated. Would you please check your membership details. If incorrect, please e-mail us at web@ciarb-em.org.

 

Additionally, if you want your web address to be listed with a link, this can be arranged for the sum of £10 per annum which will become part of the branch funds. If you would like this, please send your request to web@ciarb-em.org.

 

Any additional events or updates to current events will be posted on the website.

 

     Roy Pickavance

     Web Site Editor

     Email: web@ciarb-em.org

 

Branch AGM and Election of Committee Members

 

The Branch AGM will be held this year on Wednesday 9 April 2003.  A formal notice convening the AGM will be sent to you soon, with full details of the venue and time.

 

In the meantime, we are required by Branch Rules to follow a timetable aimed at ensuring that the Nomination Forms for election to the Committee reach Branch Members in ample time for submission. 

 

In accordance with Branch Rules, five members of the existing Committee retire this year.  They are

 

Bill Fisher

Robert Ridgewell

Gary Martin

Paul Nicholson

John Evans

 

All are eligible for re-election.

 

I attach a Nomination Form for your use.  You will note that anybody wishing to be nominated for membership of the Branch Committee needs to indicate his agreement to be proposed, and then obtain a signature of a Proposer and a Seconder.  Don’t let this be a problem to you.  If you do not happen to know a suitable Proposer and/or Seconder, please give me a ring; I’m sure we can sort something out.  Please note that these Nomination Forms must be in my hands not less than 35 days before the date of the AGM, i.e. not later than Wednesday 5 March 2003.

 

Contributions to the Newsletter are always welcome.

 

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