News
Agenda for Change
In our last Newsletter we reported that the Agenda for Change had been approved by an overwhelming majority of those who had voted. The proposed changes to our Charter and Bye-Laws were submitted for approval by the Privy Council and in the meantime provisional arrangements were discussed as to the organisation of the first Congress. This was to be held in Dubai in November to coincide with the International Conference on Arbitration being held there. The original purpose of this short article was to give further information on these arrangements. Unfortunately, just before we went to press, all of that changed.
Below we reproduce the text of an open letter to all members from the President and Chairman of the Executive Board, which sets out the position with regards to these changes:
It is with considerable regret that we have to tell you that the Institute has been informed by the Department of Constitutional Affairs (DCA) – our sponsoring ministry – that our Petition for a Supplemental Charter (the new Charter & Bye Laws which members voted for) cannot be supported in its current form.
The stumbling block is the proposed power to create a ‘Chartered Mediator’ qualification. During the public consultation period, which is a standard procedure for any proposal for change before the Privy Council, two UK mediation bodies objected to the qualification.
Despite exhaustive efforts, including mediation, to reconcile their concerns, both bodies remained resolute in their objections. Since there is no mechanism in either the DCA or the Privy Council to deal with unresolved objections, we were advised by the DCA that the power to create ‘Chartered Mediator’ must be removed before either the DCA or the Privy Council can give their full support to the Petition. The Privy Council secretariat has also found an error in the draft Supplemental Charter referring to the powers of the Privy Council.
In seeking to deal with these directed changes, which affect two Charter Articles and one Bye Law, we sought agreement from the objecting parties and the DCA for a revised form of words. The objections were immediately removed and the DCA informed the Privy Council that it could now support the petition unequivocally. However, given the very tight language of the existing Charter on where authority lies to make ‘amendments’, Council reluctantly has taken the decision to refer these three amendments back to members in EGM. This decision was not taken lightly. Leading Counsel’s advice was sought to test whether the trustees had the authority to act on your behalf. Her advice was clear that members would need to be consulted.
What does this mean in terms of timing? Council will be recalled in mid-September to approve the additional amendments and to give their consent to call an EGM, on a date probably in late October, with a view to the Privy Council reviewing the amended Charter in mid November. If all this goes smoothly, it would see the new Board of Trustees taking up their responsibility on 1st January 2005, four months behind the current schedule. The first Congress would be postponed until late February/early March 2005.
Lastly, it is important to report that this setback on the question of ‘mediation qualifications’? should be viewed as temporary. We have pledged ourselves to work within the auspices of the UK’?s Civil Mediation Council (formed in February 2004), with all organisations involved, to find a route to a chartered qualification in a timely manner. We are doing this to meet the broader object defined in the amended Charter of 1999.
Brian Eggleston John Campbell, QC
President Chairman, Executive Board