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NEWSLETTER(Page 1)
Main Index
Index:
* IRANIAN BAR ASSOCIATION
NEWSLETTER
* Report of Vist of IBA ‘ s Directors from Iranian Bar Association
Mr . Cardenas IBA President October 2003
* IBA Middle East Office opens in Dubai
* President Hamid Karzai signs into law first bar association of Afghanistan
* U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan
* Iran: IBA Concern over Access to Justice and Independence of the Legal Profession
* IBA conferences in 2008
* The International Arbitration Program
* Report of Vist of IBA ‘ s Directors from Iranian Bar Association
Mr . Cardenas IBA President October 2003
Report on the Visit of the Board of Directors of the International Bar Association from Iran , Bar Associations of Central Province , Shiraz and Esfahan , October 2003
The issue of invitation from the high rank members of the IBA and convening one of its meetings in Iran was discussed in the Brussels meeting of 2003 .
It should be pointed out that usually more than 3000 attorneys at law from all over the world , participate in the annual general meetings of the IBA and each must pay an amount equivalent to
10 , 000 , 000 Rials only as a registration fee and all travel and accommodation expenses are to be paid by the members .
Therefore , holding the said meeting in Iran , in addition to its universal impact , would create a highly outstanding position for Iran from the income producing and tourist attraction points of view .
In view of these reasons , the members of the Iranian delegation assigned to the Brussels meeting ( Mr . Keshavarz and Dr . Kashani ) decided to put forward at the Brussels meeting the proposal of the Central Bar Association of Iran regarding the convention of the IBA ’ s annual meeting in Iran .
At the Brussels meeting , upon discussion and consultation with the IBA ’ s representative to the middle east countries ( Dr . Kadhim Lami ) and with his advice and recommendation , it was resolved that , firstly the high rank officials of IBA would pay a visit to Iran and upon examining the available facilities and welfare situation in our country , the issue of holding the annual meeting in Iran would be considered .
Consequently , the necessary communications were conducted after the return of the delegation from the Brussels meeting . Formal invitations were made from Messrs . Emilio Cardenas , the IBA President , Ramon Mullerat , chairman of the Human Rights Institute and Kadhim Lami , representative of IBA to the middle east and Arab countries and deputy to the IBA secretary general and Ms . Fiona Paterson , head of IBA secretariat , for a visit from Iran and Iranian bar associations from 3rd to 8th October 2003 .
Having accepted the invitation of the Iranian bar association , the said delegation came to Iran through Mehrabad airport on Friday 2 Oct , 2003 at 5 . 30 am . and were welcomed by the members of the Iranian bar association ’ s board of directors at the airport private pavilion .
The newly built eastern tower of Esteghlal Hotel was designated for the residence of the guests who were led to the said hotel for a rest after the welcome ceremony . The beautiful architecture and outlook of the hotel which displayed a magnificent view of Alborz Mountain and Tehran city , was extremely admired by the guests .
First Day program
First day program included relaxation , lunch at Laleh Hotel and visiting the Carpet Museum , Ancient Iranian Museum and thereafter attending the auditorium of the ministry of foreign affairs for meeting and hearing the speech delivered by Mr . Cardenas .
The guests , while expressing their satisfaction with their visit from the museum , complained about the shortage of time and not being able to see the whole works at the museum .
Afterwards they were led to the club of the ministry of foreign affairs where they were introduced to a number of two hundred attorneys at law and university law professors .
After some profound and useful speeches by Messrs . Cardenas , Mullerat and Lami , a question and answer session was held during which the esteemed attorneys at law raised their questions regarding the problems related to their profession and the bar associations . Mr . Cardenas stated that upon review of the cases , he would announce his position and would take measures to defend the Iranian attorneys at law .
The exclusive meeting of the central bar association with presence of the Tehran IBA officials at the auditorium of the ministry of foreign affairs
The detailed speech as well as the question and answer meeting has been recorded on tape and is available at the office of the bar association for the use of the interested colleagues .
Second day program :
Visit by the guests from the central bar association , press conference and lunch with all members of the Board of directors , constituted this day ’ s program .
However , due to the interest and insistence shown by the guests in visiting one of the Iranian law faculties , after coordination with Dr . Eftekhar Jahromi , they were led to the law faculty of Shahid Beheshti University and participated in a defense session related to the thesis of a master ’ s degree course student in the field of human rights . They also visited the new building of the law faculty and its classrooms which particularly attracted the attention of Mr . Ramon Mullerat .
Then the guests gathered in the central bar association premises and admired its beauty and cleanliness . After getting familiar with all members of the board of directors , the press conference was held .
Meeting of the Board of Directors Of the Bar Association
with presence of the IBA officials
Mr . Cardenas and his delegation patiently replied to all questions the details of which were published in newspapers . The problems faced by the attorneys at law were discussed again briefly and appropriate solutions were considered .
At lunch , in a very cordial atmosphere , Mr . Cardenas , the honorable president of IBA submitted to Mr . Keshavarz some gifts which he had brought as souvenirs for the Iranian Bar Association .
On Sunday morning , 5th October , at 7 . 30 am , the guest departed for visiting the Bar Association of Fars in Shiraz city , accompanied by Mr . Bahman Keshavarz and Dr . Kashani .
The colleagues at Fars Bar Association welcomed the guests at the pavilion of Shiraz airport in a magnificent ceremony and after a short rest at Homa Hotel , at 11am . they left for a visit from Fars Bar Association where they were formally welcomed by the members of board of directors . Thereafter , the guests were led to the auditorium where they were introduced to the respectable attorneys at law at Fars Bar Association .
The meeting started with the speech of Dr . Mardanipoor consisting of an introduction and history of Fars Bar Association . Then Mr . Cardenas , the IBA president and Mr . Keshavarz the president of Central Iranian Bar Association delivered their speeches and then there was a press conference with participation of reporters at the Bar Association premises .
After lunch , a visit from “Persepolis” and “Hafezieh” ( the tomb of Hafez , the great Iranian poet ) was arranged for the guests and after dinner they departed to the airport for their flight to Esfahan .
At 10 pm . after being welcomed by the board of directors of Esfahan Bar Association at the airport , the guest were led to “Abbasi Guest House” with its traditional and attractive architecture . On Monday morning , 6th October , the visit from Esfahan Bar Association and historical monuments of Esfahan was commenced .
The get together of attorneys at law of Esfahan was held with presence of a remarkable number of attorneys at law at the Bar Association club , while the vice president of the bar association delivered a speech explaining the history of establishment of Esfahan Bar Association .
After lunch in the said club , the guests were fascinated when they paid a visit to other historical monuments such as “Nagsh - e - Jahan square” , the traditional sport club and the Bazar of Esfahan , where they did some shopping . After staying in the hotel , they departed from Esfahan airport to Tehran at 9 . 30 am , on Tuesday , 7th October .
On 7th October at 11 am , the aircraft carrying the guests from Esfahan landed in Mehrabad Airport of Tehran and the guests were directly led to a restaurant for farewell ceremony and gift giving .
In a friendly atmosphere which was resulted from the hospitality of boards of directors of bar associations of Tehran , Esfahan and shiraz , some gifts were presented to the authorities of IBA as souvenirs .
The guests , each individually , thanked and appreciated the kind reception and hospitality of Iranian people and expressed that they never imagined Iran to be such a great and glorious country and that especially the degree of affection and hospitality of people was surprising for them .
On 8th October at 5 . 30am , escorted by Mr . Keshavarz and the members of the public relations commission , the guests returned to their countries with some good memories having been familiarized with the Iranian bar associations and the problems faced by their Iranian colleagues .
Of course , Mr . Kadhim Lami , the Moslem ( Shiite ) member of the delegation who was personally eager to visit the shrine of the 8th sacred Imam of Moslems , stayed a few days longer in Iran and during the visit from the shrine accompanied by the members of Khorasan province bar association , also paid a visit to the sightseeing related to the esteemed shrine .
Mr . kadhim lami , The Moslem deputy to IBA Secretary General
Despite the shortness of the visit , the members of board of directors of Khorasan bar association paid their utmost attention and cooperation .
The issues which were of significant concern of the IBA delegation in their trip to Iran and that they insisted upon hearing about them directly from each of their bar association hosts , were as follows :
- The issue of independence of the profession of the attorneys at law and necessity of existence of an independent attorney at law as one of the elements of a fair legal proceeding “which has been in the past and present a matter of concern under the human rights declaration and the civil and political rights treaty” . The interesting point is that the IBA ’ s representatives considered this issue as one of the rights belonging to the people and not the rights of the attorneys at law or their bar associations and were astonished by the fact that there were some arguments in Iran against this internationally recognized principle .
- The issue of essentiality of presence of barristers from the first stage of penal proceeding : This point was also an undisputable and unavoidable matter from the viewpoint of the IBA delegation .
- The issue of necessity of enjoyment of barristers from a relative immunity regarding what they defend and write in their capacity and position .
The IBA delegation requested the central bar association to convey to IBA in writing in detail the situation of the aforementioned issues . This measure was taken and we are expecting the reaction and response of the said international organization . On the whole , it can be stated that the international position of the Iranian Bar Association in their recent terms of office of the board of directors is not comparable with the past and the Central Bar Association has achieved a remarkable and acceptable degree of international recognition .
It is hoped that it will serve as an instrument for further promotion of the Iranian Bar Associations as well as for benefiting of its members from the cultural and educational facilities of the international bar association organizations .
Public Relations Commission of Central Bar Association .
|
The first and only visit of the officers of the International Bar Association from Iran , took place in 1950 at the time of the deceased Mr . Seyed Hashem Vakil . At that time the president of the IBA was Mr . George Mouris . After a period of 53 years , again the president of IBA , his Excellency Mr . Cardenas and his delegation paid a visit to Iran in October 2003 . |
Mr . Cardenas IBA President |
It should be pointed out that usually more than 3000 attorneys at law from all over the world , participate in the annual general meetings of the IBA and each must pay an amount equivalent to
10 , 000 , 000 Rials only as a registration fee and all travel and accommodation expenses are to be paid by the members .
Therefore , holding the said meeting in Iran , in addition to its universal impact , would create a highly outstanding position for Iran from the income producing and tourist attraction points of view .
In view of these reasons , the members of the Iranian delegation assigned to the Brussels meeting ( Mr . Keshavarz and Dr . Kashani ) decided to put forward at the Brussels meeting the proposal of the Central Bar Association of Iran regarding the convention of the IBA ’ s annual meeting in Iran .
At the Brussels meeting , upon discussion and consultation with the IBA ’ s representative to the middle east countries ( Dr . Kadhim Lami ) and with his advice and recommendation , it was resolved that , firstly the high rank officials of IBA would pay a visit to Iran and upon examining the available facilities and welfare situation in our country , the issue of holding the annual meeting in Iran would be considered .
Consequently , the necessary communications were conducted after the return of the delegation from the Brussels meeting . Formal invitations were made from Messrs . Emilio Cardenas , the IBA President , Ramon Mullerat , chairman of the Human Rights Institute and Kadhim Lami , representative of IBA to the middle east and Arab countries and deputy to the IBA secretary general and Ms . Fiona Paterson , head of IBA secretariat , for a visit from Iran and Iranian bar associations from 3rd to 8th October 2003 .
Mr . Kadhim Lami Deputy to the IBA Secretary General |
Mr . Ramon Mullerat Chairman of IBA Human Rights |
Ms . Fiona Paterson Head of IBA Secretariat |
Mr . Cardenas IBA President |
The newly built eastern tower of Esteghlal Hotel was designated for the residence of the guests who were led to the said hotel for a rest after the welcome ceremony . The beautiful architecture and outlook of the hotel which displayed a magnificent view of Alborz Mountain and Tehran city , was extremely admired by the guests .
First Day program
First day program included relaxation , lunch at Laleh Hotel and visiting the Carpet Museum , Ancient Iranian Museum and thereafter attending the auditorium of the ministry of foreign affairs for meeting and hearing the speech delivered by Mr . Cardenas .
Afterwards they were led to the club of the ministry of foreign affairs where they were introduced to a number of two hundred attorneys at law and university law professors .
After some profound and useful speeches by Messrs . Cardenas , Mullerat and Lami , a question and answer session was held during which the esteemed attorneys at law raised their questions regarding the problems related to their profession and the bar associations . Mr . Cardenas stated that upon review of the cases , he would announce his position and would take measures to defend the Iranian attorneys at law .
The exclusive meeting of the central bar association with presence of the Tehran IBA officials at the auditorium of the ministry of foreign affairs
Second day program :
Visit by the guests from the central bar association , press conference and lunch with all members of the Board of directors , constituted this day ’ s program .
However , due to the interest and insistence shown by the guests in visiting one of the Iranian law faculties , after coordination with Dr . Eftekhar Jahromi , they were led to the law faculty of Shahid Beheshti University and participated in a defense session related to the thesis of a master ’ s degree course student in the field of human rights . They also visited the new building of the law faculty and its classrooms which particularly attracted the attention of Mr . Ramon Mullerat .
Then the guests gathered in the central bar association premises and admired its beauty and cleanliness . After getting familiar with all members of the board of directors , the press conference was held .
Meeting of the Board of Directors Of the Bar Association
with presence of the IBA officials
At lunch , in a very cordial atmosphere , Mr . Cardenas , the honorable president of IBA submitted to Mr . Keshavarz some gifts which he had brought as souvenirs for the Iranian Bar Association .
On Sunday morning , 5th October , at 7 . 30 am , the guest departed for visiting the Bar Association of Fars in Shiraz city , accompanied by Mr . Bahman Keshavarz and Dr . Kashani .
The colleagues at Fars Bar Association welcomed the guests at the pavilion of Shiraz airport in a magnificent ceremony and after a short rest at Homa Hotel , at 11am . they left for a visit from Fars Bar Association where they were formally welcomed by the members of board of directors . Thereafter , the guests were led to the auditorium where they were introduced to the respectable attorneys at law at Fars Bar Association .
After lunch , a visit from “Persepolis” and “Hafezieh” ( the tomb of Hafez , the great Iranian poet ) was arranged for the guests and after dinner they departed to the airport for their flight to Esfahan .
At 10 pm . after being welcomed by the board of directors of Esfahan Bar Association at the airport , the guest were led to “Abbasi Guest House” with its traditional and attractive architecture . On Monday morning , 6th October , the visit from Esfahan Bar Association and historical monuments of Esfahan was commenced .
The get together of attorneys at law of Esfahan was held with presence of a remarkable number of attorneys at law at the Bar Association club , while the vice president of the bar association delivered a speech explaining the history of establishment of Esfahan Bar Association .
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On 7th October at 11 am , the aircraft carrying the guests from Esfahan landed in Mehrabad Airport of Tehran and the guests were directly led to a restaurant for farewell ceremony and gift giving .
In a friendly atmosphere which was resulted from the hospitality of boards of directors of bar associations of Tehran , Esfahan and shiraz , some gifts were presented to the authorities of IBA as souvenirs .
The guests , each individually , thanked and appreciated the kind reception and hospitality of Iranian people and expressed that they never imagined Iran to be such a great and glorious country and that especially the degree of affection and hospitality of people was surprising for them .
On 8th October at 5 . 30am , escorted by Mr . Keshavarz and the members of the public relations commission , the guests returned to their countries with some good memories having been familiarized with the Iranian bar associations and the problems faced by their Iranian colleagues .
Of course , Mr . Kadhim Lami , the Moslem ( Shiite ) member of the delegation who was personally eager to visit the shrine of the 8th sacred Imam of Moslems , stayed a few days longer in Iran and during the visit from the shrine accompanied by the members of Khorasan province bar association , also paid a visit to the sightseeing related to the esteemed shrine .
Mr . kadhim lami , The Moslem deputy to IBA Secretary General
Despite the shortness of the visit , the members of board of directors of Khorasan bar association paid their utmost attention and cooperation .
The issues which were of significant concern of the IBA delegation in their trip to Iran and that they insisted upon hearing about them directly from each of their bar association hosts , were as follows :
- The issue of independence of the profession of the attorneys at law and necessity of existence of an independent attorney at law as one of the elements of a fair legal proceeding “which has been in the past and present a matter of concern under the human rights declaration and the civil and political rights treaty” . The interesting point is that the IBA ’ s representatives considered this issue as one of the rights belonging to the people and not the rights of the attorneys at law or their bar associations and were astonished by the fact that there were some arguments in Iran against this internationally recognized principle .
- The issue of essentiality of presence of barristers from the first stage of penal proceeding : This point was also an undisputable and unavoidable matter from the viewpoint of the IBA delegation .
- The issue of necessity of enjoyment of barristers from a relative immunity regarding what they defend and write in their capacity and position .
The IBA delegation requested the central bar association to convey to IBA in writing in detail the situation of the aforementioned issues . This measure was taken and we are expecting the reaction and response of the said international organization . On the whole , it can be stated that the international position of the Iranian Bar Association in their recent terms of office of the board of directors is not comparable with the past and the Central Bar Association has achieved a remarkable and acceptable degree of international recognition .
It is hoped that it will serve as an instrument for further promotion of the Iranian Bar Associations as well as for benefiting of its members from the cultural and educational facilities of the international bar association organizations .
Public Relations Commission of Central Bar Association .
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Main Index
* IBA Middle East Office opens in Dubai
| International Bar Association | |
Main source
Today, the International Bar Association (IBA), in partnership with the Dubai International Financial
Centre (DIFC), announces the opening of its Middle East Office in Dubai, United Arab Emirates. The IBA, headquartered in London, England, has opened the new office as part of its global strategy of expanding its network of international offices to serve regions more fully and broaden contact with its members.
Fernando Pombo, IBA President, in Dubai for the opening, said, ‘It is important to me that the IBA is accessible and geographically close to its members. The physical presence of an IBA office in the Middle East will enable us to better respond to the needs of our members there. We are currently hosting the Islamic Finance in the Middle East conference in Dubai and, in time, will develop and deliver other tailored programmes like this which specifically address issues unique to the region.’
The IBA Middle East Office is based at the heart of the Middle East’s business and financial community in the DIFC, the world’s fastest growing international financial centre.
Nasser Al Shaali, CEO, DIFC Authority says, ‘We are committed to offering a hub of business excellence and the establishment of the IBA within the DIFC is in line with this strategy. The IBA is a world leading organisation and I am certain that legal practices within the DIFC and the rest of the region will see real benefits. Beyond the individual legal practices the IBA will play a significant role in developing the region’s legal framework with its invaluable knowledge of international best practice.’
Faten Hani, CEO, DIFC Education Centre says, ‘The fact that the IBA is setting up an office within the DIFC is testament that the region has grown into a major financial centre. This is a major endorsement of the significance of legal practices within the Middle East and will be invaluable to the sector’s growth in the region. The DIFC’s Education Centre has attracted a number of high profile organisations within the professional services industry. The IBA is a welcome addition and truly strengthens our offering as a world class centre for education.’
Mark Ellis, IBA Executive Director comments, ‘The opening of the Middle East office represents the culmination of several years of research and planning. It also represents a major investment by the IBA in the Middle East. It is essential for the IBA, as the global voice of the legal profession, to be engaged with regional developments around the globe. The new IBA Middle East Office in the prominent location of Dubai provides the IBA with the excellent advantage of being in close proximity to the leaders of the regional business community throughout the Middle East. This will be of enormous benefit to the IBA in delivering programmes throughout the region with greater clarity and understanding.’
The IBA will hold its annual conference in Dubai in 2011. This will be the first time in the Association’s history that the IBA Annual Conference will be held in the Middle East.
Erin Callahan, IBA Deputy Director, is responsible for establishing and overseeing the operations of the IBA Middle East Office. She can be reached with enquiries by email at: erin.callahan@int-bar.org.
The official opening date was Monday, 14 January 2008.
Please direct media enquiries to:
Romana St Matthew - Daniel
Press Office
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Direct Line: +44 (0)20 7691 6837
Main Office: + 44 (0)20 7691 6868
Mobile: +44 (0)7940 731915
Fax: + 44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
The IBA also has a Latin America regional office situated in Sao Paulo, Brazil, as well as an office in The Hague, supporting the IBA’s ICC monitoring and outreach programmes, and an office in Johannesburg in the form of the Southern Africa Litigation Centre which provides ongoing expert support, resources and training to lawyers taking cases that advance human rights, the rule of law, public interest and constitutional issues in the region.
**************************************
About the International Bar Association
- the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the world's leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership reach of 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents.
Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
Contact information:
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
tel: +44 (0)20 7691 6868
fax: +44 (0)20 7691 6544
website: www.ibanet.org
Today, the International Bar Association (IBA), in partnership with the Dubai International Financial
Centre (DIFC), announces the opening of its Middle East Office in Dubai, United Arab Emirates. The IBA, headquartered in London, England, has opened the new office as part of its global strategy of expanding its network of international offices to serve regions more fully and broaden contact with its members.
Fernando Pombo, IBA President, in Dubai for the opening, said, ‘It is important to me that the IBA is accessible and geographically close to its members. The physical presence of an IBA office in the Middle East will enable us to better respond to the needs of our members there. We are currently hosting the Islamic Finance in the Middle East conference in Dubai and, in time, will develop and deliver other tailored programmes like this which specifically address issues unique to the region.’
The IBA Middle East Office is based at the heart of the Middle East’s business and financial community in the DIFC, the world’s fastest growing international financial centre.
Nasser Al Shaali, CEO, DIFC Authority says, ‘We are committed to offering a hub of business excellence and the establishment of the IBA within the DIFC is in line with this strategy. The IBA is a world leading organisation and I am certain that legal practices within the DIFC and the rest of the region will see real benefits. Beyond the individual legal practices the IBA will play a significant role in developing the region’s legal framework with its invaluable knowledge of international best practice.’
Faten Hani, CEO, DIFC Education Centre says, ‘The fact that the IBA is setting up an office within the DIFC is testament that the region has grown into a major financial centre. This is a major endorsement of the significance of legal practices within the Middle East and will be invaluable to the sector’s growth in the region. The DIFC’s Education Centre has attracted a number of high profile organisations within the professional services industry. The IBA is a welcome addition and truly strengthens our offering as a world class centre for education.’
Mark Ellis, IBA Executive Director comments, ‘The opening of the Middle East office represents the culmination of several years of research and planning. It also represents a major investment by the IBA in the Middle East. It is essential for the IBA, as the global voice of the legal profession, to be engaged with regional developments around the globe. The new IBA Middle East Office in the prominent location of Dubai provides the IBA with the excellent advantage of being in close proximity to the leaders of the regional business community throughout the Middle East. This will be of enormous benefit to the IBA in delivering programmes throughout the region with greater clarity and understanding.’
The IBA will hold its annual conference in Dubai in 2011. This will be the first time in the Association’s history that the IBA Annual Conference will be held in the Middle East.
Erin Callahan, IBA Deputy Director, is responsible for establishing and overseeing the operations of the IBA Middle East Office. She can be reached with enquiries by email at: erin.callahan@int-bar.org.
The official opening date was Monday, 14 January 2008.
Please direct media enquiries to:
Romana St Matthew - Daniel
Press Office
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Direct Line: +44 (0)20 7691 6837
Main Office: + 44 (0)20 7691 6868
Mobile: +44 (0)7940 731915
Fax: + 44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
The IBA also has a Latin America regional office situated in Sao Paulo, Brazil, as well as an office in The Hague, supporting the IBA’s ICC monitoring and outreach programmes, and an office in Johannesburg in the form of the Southern Africa Litigation Centre which provides ongoing expert support, resources and training to lawyers taking cases that advance human rights, the rule of law, public interest and constitutional issues in the region.
**************************************
About the International Bar Association
- the global voice of the legal profession
The International Bar Association (IBA), established in 1947, is the world's leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. It has a membership reach of 30,000 individual lawyers and more than 195 bar associations and law societies spanning all continents.
Grouped into two divisions – the Legal Practice Division and the Public and Professional Interest Division – the IBA covers all practice areas and professional interests, providing members with access to leading experts and up-to-date information. Through the various committees of the divisions, the IBA enables an interchange of information and views as to laws, practices and professional responsibilities relating to the practice of law around the globe. Additionally, the IBA’s high-quality publications and world-class conferences provide unrivalled professional development and network-building opportunities for international legal practitioners and professional associates.
Contact information:
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
tel: +44 (0)20 7691 6868
fax: +44 (0)20 7691 6544
website: www.ibanet.org
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Main Index
* President Hamid Karzai signs into law first bar association of Afghanistan
Date: 4 December 2007
Title: President Hamid Karzai signs into law first bar association of Afghanistan
The International Bar Association (IBA) announced today that President Hamid Karzai has signed into law the legislation which creates Afghanistan’s first ever bar association; the Afghan Bar Association.
Since 2004 the IBA’s Human Rights Institute (IBAHRI) has been engaged in a project to establish an independent bar association in Afghanistan under a grant from the Swedish Foreign Ministry.
Dr Phillip Tahmindjis, the IBA Programme Lawyer managing the project says, ‘IBAHRI has worked closely with the Afghan Ministry of Justice for the last three years to establish the basis of a non-political, independent association which will both protect and advance the legal profession and also promote the rule of law in Afghanistan.’ He added, ‘The new Afghan Bar Association is a big step forward in re-establishing the justice system in Afghanistan.’
‘The establishment of the Afghan Bar Association is integral to the fulfilment of the justice pillar of the Bonn Accords,’ said IBA Executive Director Mark Ellis. ‘An independent legal profession is essential to the rule of law. ’
The Afghan Bar Association will not only control the admission of lawyers to the profession, it will also be responsible for setting standards of professional ethics, discipline, legal aid and continuing education for lawyers. ‘This will ensure that a competent, honest and independent legal profession will help steer Afghanistan into a peaceful future,’ Dr Tahmindjis added.
Afghanistan’s Ministry of Justice in collaboration with the IBAHRI, is working on the by-laws for the association governing ethics, discipline, admission requirements and continuing legal education.
For further information, please contact:
Romana St Matthew - Daniel
Press Office
International Bar Association
10th Floor
1 Stephen Street
London W1T 1AT
United Kingdom
Tel: + 44 (0)20 7691 6868
Fax: + 44 (0)20 7691 6544
E-mail: romana.daniel@int-bar.org
Website: www.ibanet.org
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Main Index
* U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan
Bureau of International Narcotics and Law Enforcement Affairs
Washington, DC - November 16, 2007
Chaired by Thomas A. Schweich, U.S. Coordinator for Counternarcotics and Justice Reform in Afghanistan; Robert C. O'Brien, Partner, Arent Fox LLP, and former U.S. Alternate Representative to the United Nations
The United States Department of State is Proud To Announce an Exciting New Initiative To Support the Rule of Law in Afghanistan Through a Public-Private Partnership
The Public-Private Partnership for Justice Reform in Afghanistan will allow U.S. law firms to make tax deductible contributions to fund low-cost, high-impact projects to strengthen the justice system in Afghanistan. Funding from the private sector will support projects to promote women's issues, legal aid, public awareness of legal rights, and professional development of lawyers, judges and defense attorneys. All contributions will be channeled through the State Department to support the activities of local, non-governmental organizations such as the Afghan Women Judges Association, the Legal Aid Organization of Afghanistan, the Afghan Bar Association, and the Afghan Prosecutors Association.
Introduction
On January 4, 2004, Afghanistan's Constitutional Loya Jirga (Grand Assembly) approved a 162-article constitution establishing a presidential system of government with a bicameral legislature and paving the way for national elections later in 2004.
The constitution was approved after three weeks of meetings in Kabul during which 502 male and female delegates, representing Afghanistan's various ethnic groups and geographic regions, debated and made compromises on a draft document before approving it by acclamation.
The new constitution marks a historic step forward, and President Bush has pledged continued U.S. assistance to the Afghan people as they build a free and prosperous future.
The U.S.-Afghan partnership has already produced results. President Bush remarked in August 2007 at Camp David that President Karzai has taken a ''strong stance for freedom and justice'' and that ''we're working closely together to help the people of Afghanistan prosper. We work together to give the people of Afghanistan a chance to raise their children in a hopeful world. And we're working together to defeat those who would try to stop the advance of a free Afghan society.''
Afghans have made a great deal of progress in the justice sector since 2001, but much work remains to be done. The Afghan justice system needs to improve its human resource capacity through legal education and professional development. Judges and lawyers have minimal training and often base their work on their personal understanding of Islamic law and tribal codes without taking into account relevant Afghan laws.
The Afghan Government is working hard to establish the rule of law for its citizens. Today, the American private sector can extend a hand of friendship by joining the United States to support Afghanistan's vision for a free, democratic, and prosperous state based on the rule of law.
Supporting the Afghan Bar
President Karzai is expected to sign an Advocates' Law soon. Among other things, the law calls for the formation of an independent, non-governmental Afghan Bar Association.
An independent bar association is a significant step for the legal profession in Afghanistan. The bar association will be self-governing, and it will represent the interests of lawyers, regulate entry into the profession, uphold professional standards and ethics, and protect the interests of the public. Most importantly, it will be an advocate for the rule of law and lawyers? professional independence. Afghan lawyers need substantial support as they work to establish their bar association, and American lawyers can make a difference by contributing needed assistance.
Supporting Afghan Prosecutors
The Afghanistan Prosecutors Association (APA) is a new professional association for Afghan prosecutors, and is in the process of planning its first conference.
APA works to protect peace and rule of law in Afghanistan, protect democracy and social justice, and advance the professional knowledge and awareness of Afghanistan?s 2,500 prosecutors.
A successful APA will bring credibility and honor to a criminal justice system currently in disrepair. APA has an ambitious agenda to adopt a charter, organize committees, elect officers, and plan continuing legal education for members. Support from American lawyers will greatly increase the likelihood of APA?s success.
Helping Legal Aid Lawyers Expand Their Services
Indigent criminal defense services are critical to advancing the rule of law in Afghanistan. Afghans need a thriving criminal defense bar to ensure justice for all.
The Legal Aid Organization of Afghanistan (LAOA) is a non-governmental organization formed to provide indigent criminal defense services. LAOA lawyers currently offer services only in Kabul and nearby Wardak province. But the organization is perfectly positioned to expand its services outside of the capital.
LAOA is professionally managed, with a board of directors, an Executive and Deputy Director, and supervisory staff. The management structure is transparent and operates with a well developed set of policies and procedures. LAOA lawyers are all formally registered with the Ministry of Justice and receive intensive training. With support from U.S. law firms, LAOA lawyers can successfully extend their services beyond Kabul, helping to bring justice where it is needed most.
Supporting Afghan Women Judges
In order to develop an effective legal system, it is imperative that Afghanistan develop a trained and well-educated cadre of judges to serve in criminal and civil courts across the country. Afghanistan currently has over 1,500 judges nationwide. Funding from the Public-Private Partnership would allow the State Department to expand training programs. A more professional judiciary will encourage public confidence in the rule of law, discourage corruption, and improve the speed and reliability of the legal system.
The Bureau for International Narcotics and Law Enforcement Affairs (INL) has supported training programs for Afghan women judges through an ongoing relationship with the International Association of Women Judges. Through this partnership, INL will strengthen its efforts to ensure the active participation of women judges and lawyers in the justice sector, to promote gender equality, and to provide legal services to women in Afghanistan.
Donations at all levels are welcomed. Partner firms and lawyers ? those contributing $50,000 or more over two years ? will join senior Department of State officials and other interagency partners for a Press Conference, regular briefings from the U.S. Coordinator for Counternarcotics and Justice Reform in Afghanistan, and various other special events. Of course, any contribution of any lesser amount that you would like to make would also be welcomed.
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* Iran: IBA Concern over Access to Justice and Independence of the Legal Profession
| International Bar Association’s Human Rights Institute Report of IRAN Date: 11 October 2007 |  |
The IBAHRI is particularly concerned that Iran is breaching its obligations under the UN Basic Principles on the Role of Lawyers by having established a separate stream of lawyers that lacks independence and adequate training and is managed by the judiciary. The IBAHRI strongly urges the Iranian Government to phase out this judicially-managed stream of legal advisors, and give statutory recognition to the various Iranian bar associations as the only organisations capable of training, disciplining and admitting lawyers.
Expanded legal aid programmes and an increase to the numbers of independent and qualified bar association lawyers are further recommendations made in the report to rectify the situation of inadequate access to justice in Iran.
Fernando Pombo, President of the IBA and delegation leader said, ‘Access to justice must be available to all citizens, including those who are unable to pay legal costs. The responsibility for guaranteeing this lies both with the Government, to fund and support legal aid programmes, and with independent bar associations, which must ensure sufficient numbers of qualified lawyers are entering the profession. Furthermore, the Iranian Government and the Iranian Bar Association should be encouraged to educate the general public by developing public information campaigns on legal rights and responsibilities.’
The IBAHRI is also concerned by reports that the Iranian courts are over-congested, resulting in long delays in the administration of justice. To address these problems The IBAHRI recommends the urgent introduction of alternative dispute resolution and case management systems.
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* IBA conferences in 2008
Islamic banking law
A conference presented by the IBA Banking Law Committee and supported by the IBA Arab Regional Forum
*************************************************
1 February 2008 New York City, USA
11th IBA International Arbitration Day:
New York Convention – 50 Years
A conference presented by the United Nations and the IBA Arbitration Committee and supported by the IBA North American Regional Forum
*************************************************
17-19 February 2008 Frankfurt am Main, Germany
7th Annual International Corporate Counsel Conference
A conference presented by the IBA Corporate Counsel Forum and supported by the IBA European Forum
*************************************************
27-29 February 2008 Mexico City, Mexico
First Conference of the Americas
A conference co-presented by the IBA Latin American Regional Forum, the IBA North American Regional Forum and the IBA Bar Issues Commission
*************************************************
27 February 2008
Bar Leaders‘ Day
Presented by the IBA Bar Issues Commission
*************************************************
3-4 March 2008 London, England
13th IWTP Conference ’Latest planning techniques for international private clients:
trust, tax, insurance, succession and other issues’
A conference presented by the IBA Individual Tax and Private Client Committee and supported by the Real Property Probate and Trust Section of the American Bar Association and the IBA European Regional Forum
*************************************************
9-11 March 2008 London, England
9th Annual Private Investment Funds Conference
A conference presented by the IBA Private Investment Funds Subcommittee of the Financial Services Section, the Subcommittee on Private Investment Entities of the Committee on Federal Regulation of Securities of the American Bar Association of Business Law and supported by the IBA European
Regional Forum
*************************************************
7-8 April 2008 Sydney, Australia
The Global Impact of Private Equity
A conference co-presented by the Legal Practice Division of the International Bar Association and the Business Law Section of the Law Council of Australia and supported by the IBA Asia
Pacific Regional Forum
*************************************************
10-11 April 2008 London, England
Globalisation – Ramifications for Employment and Discrimination Law
A conference co-presented by the IBA Employment and Industrial Relations Law Committee and the Discrimination and Gender Equality Committee and supported by the IBA European
Regional Forum
*************************************************
11 April 2008 Barcelona, Spain
Corporate Social Responsibility and the Business Lawyer
A conference presented by the IBA Corporate Social Responsibility Committee and supported by the IBA European Regional Forum
*************************************************
17 April 2008 Tokyo, Japan
International Competition Conference
A conference presented by the IBA Antitrust Committee in collaboration with the Global Competition Law Forum and supported by the IBA Asia Pacific Regional Forum
*************************************************
23-25 April 2008 Paris, France
6th Annual Anti-Corruption Conference –
The Awakening Giant of Anti-Corruption Enforcement
Presented by the IBA Public and Professional Interest Division and supported by the IBA European Regional Forum
*************************************************
28-30 April 2008 Copenhagen, Denmark
Biennial Conference of the Section on Energy, Environment, Natural Resources
and Infrastructure Law
A conference presented by the IBA Section on Energy, Environment, Natural Resources and Infrastructure Law and supported by the IBA European Regional Forum
*************************************************
12-13 May 2008 Amsterdam, Netherlands
Technology and Sourcing in the Financial Services Sector: New Challenges and
Solutions
A conference presented by the IBA Technology Law Committee and supported by the IBA European Regional Forum
*************************************************
18-20 May 2008 Stockholm, Sweden
14th Annual Global Insolvency and Restructuring Conference
The conference is being presented by the IBA Section on Insolvency, Restructuring and Creditors Rights (SIRC) and supported by the IBA European Regional Forum
*************************************************
19-20 May 2008 Munich, Germany
19th Annual Communications and Competition Law Conference
A conference presented by the IBA Communications Law Committee and the Antitrust Committee and supported by the IBA European Regional Forum
*************************************************
*************************************************
IBA Annual Conferences
12-17 October 2008 Buenos Aires, Argentina
IBA Annual Conference 2008
(further details to follow)
4-9 October 2009 Madrid, Spain
IBA Annual Conference 2009
(further details to follow)
3-8 October 2010 Vancouver, Canada
IBA Annual Conference 2010
(further details to follow)
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* The International Arbitration Program
| Washington College of Law Useful Links |  |
By: Hosein zeianli
About the Program
International arbitration is today a flourishing legal practice area posing diverse and unique challenges to legal practitioners all over the world and has become the recognized dispute resolution method for the international business and economic fields. The widespread use of arbitration in bilateral investment treaties accentuates its role in the resolution of semi-public international disputes involving private and state parties.
Arbitral decisions often have a macroeconomic impact with wide-ranging national and international repercussions, and are undoubtedly influencing the fashioning of the law.
Specifically, arbitration impacts inter alia, trade, transfrontier capital, knowledge, goods, natural resources and technological flows, and international relations at large. This phenomenon, in continuous evolution, is necessarily and incessantly raising novel legal questions that need comprehensive consideration in order to address their practical and theoretical implications.
The International Arbitration Program was developed at American University Washington College of Law with the purpose of analyzing the practical and theoretical issues surrounding the development of international commercial arbitration and contributing to the task of better understanding this phenomenon. The Program prepares the legal profession to face these new challenges through the following initiatives:
By offering courses, seminars for practitioners, and workshops taught by leading practitioners in the field, aimed at providing insights of the practice of international arbitration and the handling of arbitration cases;
Through courses for credit offered annually as part of the International Arbitration Summer Session, whose faculty will focus each year on different theoretical and practical aspects of international arbitration;
By organizing workshops and colloquia with the participation of leading practitioners and international law experts for the purpose of assessing the formation of international procedural and substantive law and rules through arbitral determinations or awards. These meetings will permit in-depth discussions of such issues as; the rules governing the merits of arbitral disputes, the ethics and morality to be observed in the handling of arbitration cases, the recognition and exercise of human rights in arbitration, and the evolution and fashioning of international, comparative and national law.
Created under the direction of Dr. Horacio A. Grigera Naón, former Secretary General of the International Court of Arbitration of the International Chamber of Commerce, the Program builds on American University Washington College of Law's commitment to building a world community by identifying transnational legal issues and addressing these issues through the expertise of our accomplished full and part-time faculty, alumni and practitioners
Washington College of Law – wcl
www.wcl.american.edu
Useful Links
From wcl site:
http://www.wcl.american.edu/arbitration/usefullinks.cfm
General
- Researching Arbitration Law (PDF)
http://www.wcl.american.edu/arbitration/research.pdf
Arbitration Institutions
- American Arbitration Association (AAA)
http://www.adr.org/
- American Bar Association Section of Dispute Resolution
http://www.abanet.org/dispute/home.html
- Dispute Settlement, World Trade Organization
http://www.wto.org/english/tratop_e/dispu_e/dispu_e.htm
- European Court of Arbitration
http://cour-europe-arbitrage.org/
- International Centre for Settlement of Investment Disputes (ICSID)
http://www.worldbank.org/icsid/
- International Commercial Arbitration Committee of the International Law Association
http://www.ila-hq.org/html/layout_committee.htm
- International Council for Commercial Arbitration
http://www.arbitration-icca.org/
- International Court of Arbitration of the International Chamber of Commerce (ICC)
http://www.iccwbo.org/index_court.asp
- London Court of International Arbitration
http://www.lcia-arbitration.com/
- The NAFTA advisory Committee on Private Commercial Disputes
http://www.mac.doc.gov/nafta/adr_main.htm
- Permanent Court of Arbitration (The Hague, Netherlands)
http://www.pca-cpa.org/
- United Nations Commission on International Trade Law
http://www.uncitral.org/
Rules of Arbitration
- The ABA/AAA Code of Ethics for Arbitrators in Commercial Disputes
http://www.adr.org/sp.asp?id=21958
- The Arbitration Rules of the London Court of International Arbitration
http://www.lcia-arbitration.com/
- The IBA Guidelines on Conflicts of Interest in International Arbitration
http://www.ibanet.org/images/downloads/guidelines%20text.pdf
- The IBA Rules on the Taking of Evidence in International Commercial Arbitration
http://www.ibanet.org/images/downloads/IBA%20rules%20on%20the%20taking%20of%20Evidence.pdf
- The Inter-American Convention on International Commercial Arbitration (the “Panama Convention”)
http://www.sice.oas.org/dispute/comarb/iacac/iacac2e.asp
- The International Arbitration Rules of the International Centre for Dispute Resolution (American Arbitration Association)
http://www.adr.org/sp.asp?id=22090
- The Rules of Arbitration of the International Chamber of Commerce
http://www.iccwbo.org/court/english/arbitration/pdf_documents/rules/rules_arb_english.pdf
- The Rules of the Inter-American Arbitration Commission
http://www.sice.oas.org/dispute/comarb/iacac/rop_e.asp
- The UNCITRAL Arbitration Rules
http://www.uncitral.org/pdf/english/texts/arbitration/arb-rules/arb-rules.pdf
- The UNCITRAL Model on International Commercial Arbitration
http://www.uncitral.org/pdf/english/texts/arbitration/ml-arb/ml-arb-e.pdf
- The United States Arbitration Act (the Federal Arbitration Act)
http://www.chamber.se/arbitration/shared_files/laws/arbitract_us_cont.html
- UNCITRAL Notes on Organizing Arbitral Proceedings
http://www.uncitral.org/pdf/english/texts/arbitration/arb-notes/arb-notes-e.pdf
- United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the ''New York Convention'')
http://www.uncitral.org/pdf/english/texts/arbitration/NY-conv/XXII_1_e.pdf
Additional notes in Washington College of Law website as:
www.wcl.american.edu
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