Articles of Association

(as adopted at the AIPA Constitutive Assembly of 30 March 2022, as amended by the Extraordinary General Assembly of 5 October 2023)

Name, seat, and purpose

Article 1

Under the name Association for Innovative Practises in Arbitration is created an association governed by the present Articles and by Articles 60 et seq of the Swiss Civil Code.

The seat of the Association is in Geneva, Switzerland.

Article 2

The purpose of the Association is to edit, promote and monitor Rules intended to be used in international arbitration as a means to obtain a better understanding of complex technical matters in dispute. More generally, the Association is a meeting place of arbitration practitioners (arbitrators, lawyers, experts, in-house counsels) concerned by the expectations of the arbitration users about speed, efficiency, and cost of arbitration procedures.

Members

Article 3

Individuals and legal entities may become members of the Association.

The General Assembly may appoint honorary members having the same right as the other members but being exempted from any financial contribution.

Article 4

Applications for membership are filed in writing to the Executive Committee which decides and reports regularly to the Board. The decision is notified to the applicant without giving reasons. Upon request of the applicant or on its own motion, the Board may reverse the membership decisions of the Executive Committee.

Any member may resign at the end of a current calendar year.

A member who is in default of payment of more than one annual membership fee, despite a reminder to the last known address, shall lose membership at the expiration of the period stated in the reminder.

Any member acting contrary to the purpose of the Association may be excluded by the Board. Within 30 days from the notification of the exclusion, he or she may appeal to the General Meeting which decides without giving reason and with no further appeal.

Organization

Article 5

The Association is organised as follows:

A) The General Assembly.

B) The Board.

C) The Executive Committee.

D) The Auditors.

A) The General Assembly

Article 6

The General Assembly is the supreme governing body of the Association.

It is called by the Executive Committee once a year and also, as required by law, if one-fifth of the members so request. Further meetings may be called by the Executive Committee.

Article 7

The General Assembly elects the members of the Board for a three-year term and designates among them the President.

The General Assembly appoints the Auditors for a three-year term.

The General Assembly decides on the management of the Board and of the Executive Committee as well as on the accounts.

Article 8

All members have equal voting rights at the General Assembly.

Resolutions require a majority of the votes cast including those by correspondence. Any amendment to the Articles or the decision on the dissolution of the Association require a majority of two-third of the votes cast.

B) The Board

Article 9

The Board consists of a maximum of 30 members, including the President and any Vice- President(s).

The Board meets at least twice a year.

Decisions are made by simple majority of the members present. The President’s vote prevails in case of a tie vote. Decisions may be made by correspondence or any other means of communication.

The Board may appoint specific Working Groups or Committees from among the members of the Association.

C) The Executive Committee

Article 10

The Board elects not more than seven members of the Executive Committee for a three-year term, selected among the members of the Board and including the President and any Vice- President(s) who are part of it as of right.

Article 11

The Executive Committee is in charge of the ordinary business of the Association. It may appoint individuals for specific functions such as General Secretary and Treasurer who are not members of the Board or the Executive Committee.

The Executive Committee decides who, beside the President, is authorised to sign on behalf of the Association.

D) The Auditors

Article 12

The General Assembly elects for a three-year term two account controllers among the members of the Association being not part of the Board neither of the Executive Committee, for reviewing the accounts of the Association and preparing a report to the General Assembly.

Finances

Article 13

The revenues of the Association are:

  • The membership fees.
  • Income from publications and events.
  • Donations and sponsorship provided they are compatible with the purpose and policy of the Association.
  • Income on capital and assets.

The General Assembly determines the amount of the annual membership fee.

The commitments of the Association are secured solely by the assets of the Association. The members do not incur any personal liability.

The members of the Board, including the President and the Vice-President(s), and of the Executive Committee perform their duties on a voluntary basis. Upon resolution of the Board, they may be indemnified for travelling expenses and other costs incurred.