View or download as PDF

BYE-LAWS

These Bye-Laws are subject to and shall be read in conjunction with the CONSTITUTION of the Institute.

 

1.0   MEMBERSHIP

1.1          Admission Procedures

1.1.1      Honorary Fellow

1.1.2     The Council may nominate any person for election as an Honorary Fellow and the nomination shall be proposed and seconded by members of the Council and such person may be elected by the Council to be an Honorary Fellow.

1.1.3        Fellows/Members/Associate Members

1.1.3.1    Any person desirous of being admitted as a Fellow or a Member or an Associate Member of the Institute shall submit his application to the Honorary Secretary in a form which shall be prescribed by the Council from time to time, containing such particulars as the Council may require.

1.1.3.2    Every application for admission as Fellow or a Member or an Associate Member shall, subject to the discretion of the Council, be proposed and seconded by two members of the Institute who shall each have known the applicant for at least three years prior to the date of application.

1.1.3.3     Every application for membership shall be sent to the Honorary Secretary and shall be accompanied by the appropriate entrance fee and annual subscription.

1.2               Approval Procedures

1.2.1           Honorary Fellows

1.2.2           The election of person to be Honorary Fellow shall be by the unanimous vote of the Council.

1.2.3            Fellows/Members/Associate Members

1.2.3.1      The Honorary Secretary shall submit each application to the Council after the verification by the Membership Committee that the applicant is eligible for the class of membership for which the application is made in accordance with the provisions of the Constitution and the Bye-Laws in force at the time of such application.

1.2.3.2         Any application approved by the Council shall be recorded in the minutes of the meeting of the Council at which such application is approved.

1.2.3.3         When an application is rejected by the Council the entrance fee and subscription forwarded by the applicant shall as soon as practicable after such rejection be returned without interest to the applicant.

1.2.3.4         An application which has been rejected by the Council shall not be resubmitted by the applicant within six months from the date of such rejection.

1.2.3.5        The Council shall not be obliged to disclose the reasons for rejecting any application and such reasons need not be recorded in the minutes of the meeting of the Council at which the decision to reject the application is made.

1.2.3.6          When an application is approved, the Honorary Secretary shall so inform the successful applicant and shall send him a copy of the Constitution and Bye-Laws.

1.2.3.7          Every member shall from time to time notify the Honorary Secretary of the place of business or residence to be registered as his place of address and the address from time to time supplied shall be deemed to be his registered address. Communication between the Institute and Members may be made by post, fax or email.

1.3                    Fees and Subscriptions

1.3.1                The following fees and subscription shall be payable by the member:

                            a) On nomination as a Fellow
                                        Entrance Fee S$ 250.00
                                        Annual Subscription S$ 175.00

                            b) On nomination as a Member
                                         Entrance Fee S$ 200.00
                                         Annual Subscription S$ 110.00

                            c) On nomination as an Associate Member
                                        Entrance Fee S$ 150.00
                                        Annual Subscription S$ 85.00

                            d) Retired Fellows and Members (under Article 5.7 of the Constitution)
                                        Annual SubscriptionS$ 60.00 (Note: “Retired” Fellows and Members have to state their status as “FSIArb (Retd)” or “MSIArb (Retd)”)

1.3.2               On special cause being shown, the Council shall have the discretionary power to reduce or waive a member's subscription including any other fee charges in any given year.

1.3.3              Upon a member being in arrears of his annual subscriptions, he may be charged an administrative charge in the sum of S$50.00 or such amount may be determined by the Council from time to time.

1.4                     Examination

1.4.1               The Council may for the purpose of testing the qualifications of candidates for election, hold written and/or oral examinations at such times and places and in such manner as the Council may think fit, pursuant to such Bye-Laws as the Council may from time to time prescribe.

1.4.2              The Council may prescribe the manner of such examinations, the regulations necessary for their conduct, and the fees payable in connection therewith.

1.4.3                 The Council shall from time to time review and approve as thought fit a list of examinations held by other professional bodies the passing of any one or more of which will exempt a candidate from being required to pass the Examination of the Institute in whole or in part.

1.5                       Disciplinary Procedure

1.5.1                   In the Bye-Laws therein, the expression "professional misconduct" shall be construed as the meaning assigned to it under the provision of 5.13.4 in the Constitution.

1.5.2                    There shall be two bodies to be appointed by the Council one of which shall be the Investigating Panel and the other the Disciplinary Board.

1.5.3                    Members of the Investigating Panel and the Disciplinary Board shall hold office for such period of time as the Council shall determine.

1.5.4                Members of the Investigation Panel shall consist of three voting members of the Institute, of whom shall be past or present members of the Council. Two members of the Investigating Panel present shall form a quorum.

1.5.5                    Members of the Disciplinary Board shall consist of five voting members of the Institute, of whom at least one shall be a lawyer, but none of whom shall for the time being be member of the Investigating Panel. Three members of the Disciplinary Board present shall form a quorum.

1.5.6                    The terms of reference of the Investigating Panel shall be:-

                                a) to investigate the complaints against members;

                                b) to decide whether the subject matter of any complaint amounts to prima facie evidence of professional misconduct which should give rise to a charge of professional misconduct before a Disciplinary Board.

1.5.7                 If any alleged of professional misconduct on the part of a member be received from any source, the Honorary Secretary shall lay it before the Council at its next meeting. The Council shall refer the matter to the Investigating Panel, which may, if it thinks fit, initiate an enquiry where it has reason to believe that a member may have been guilty of professional misconduct.

1.5.8                 If any allegation does not appear to the Investigation Panel to disclose any prima facie evidence of professional misconduct the Investigating Panel may recommend the dismissal of the case to the Council without informing the member concerned and without hearing the person making the allegation.

1.5.9             When a prima facie case of professional misconduct is disclosed, the Investigating Panel shall, after completion of investigation, refer the allegations of professional misconduct to the Council. As soon as is practicable after an allegation has been referred by the Council to the Disciplinary Board the Council shall direct the Honorary Secretary to send a written notice by A.R. registered letter to the member concerned at the last known address on the nature and particulars of the allegations calling upon him to answer such allegation in writing within fourteen days of the date of notice or within such period as the Council may determine.

1.5.10                Any charges of professional misconduct preferred by the Investigating Panel against a member shall be heard and determined by the Disciplinary Board and whose Chairman and members shall be appointed by the President of the Institute.

1.5.11               Hearings of the Disciplinary Board shall be governed by the rules of natural justice and the member concerned shall have a right to be heard in his own defence and shall be entitled to call witnesses on his own behalf and to cross examine any witnesses called before a meeting of the Disciplinary Board.

1.5.12             If no reply shall be received from the member concerned in the ordinary course of post within fourteen days after the time when such notice would have been delivered to the member, the Investigating Panel or the Disciplinary Board may commence the proceedings in default.

1.5.13               Where the said member fails to answer allegations as required by the Council or if his answer is in the opinion of the Council unsatisfactory, the Council shall have the power to take disciplinary action against the member as provided in the Constitution.

1.5.14               The Disciplinary Board’s finding or sanction contained in a Report shall be final and conclusive and such Report shall be placed before the Council for its information not later than three months after the charges has been referred to it for investigation.

1.6                      Termination of Membership

1.6.1                  The membership of any member may be terminated for any one or more of the reasons as specified in Clause 5.17 of the Constitution.

1.6.2              The Honorary Secretary shall lay before the Council the reason or reasons why the membership of any member shall be terminated, and the Council by resolution passed by a simple majority of those members of the Council present and voting may decree that the membership of that member be terminated.

1.6.3                 The member whose membership has been terminated shall be so informed by written notification from or on behalf of the Council by ordinary mail to that member’s last known address or by electronic mail and such letter shall state the reason of termination.

1.7                      Restrictions

1.7.1                  Retired Members

1.7.1.1              Retired members shall be not less than 65 years old.

1.7.2                  Fellows/Members/Associate Members

1.7.2.1            If any member shall fail to notify his place of business or residence or any change herein, he shall not be entitled to receive notices of any general meetings or other proceedings of the Institute, and no meeting or other proceedings shall be invalidated or prejudiced by reason of the non receipt by him of any notice.

 

2.0 DEFAULTERS

2.1                      Notification Procedure

2.1.1             A member of the Institute whose annual subscription is in arrears for two (2) months after the due date as defined in Clause 6.2.1 of the Constitution, shall receive a written notification from or on behalf of the Council by ordinary mail to that member’s last known address or by electronic mail, that the rights and privileges of that member have been automatically suspended pursuant to Clause 6.5.1 of the Constitution, and that his membership may be terminated pursuant to Clause 6.5.2. of the Constitution if the subscription shall remain unpaid at the expiry of six (6) months after the due date.

2.2                       Termination

2.2.1                    If the subscription of a member of the Institute remains unpaid at the expiry of six (6) months after the due date as defined in Clause 6.2.1 of the Constitution, the Council shall have the power, by resolution passed by at least a simple majority of the members of the Council present and voting, to forthwith terminate the membership of the defaulter.

2.2.2                 The member shall be notified of such termination in accordance with Bye-Law 1.6.3.

2.3                       Reinstatement of Membership

2.3.1                   Procedure

2.3.1.1             A defaulter whose membership has been suspended or terminated may apply to the Council to be reinstated by submitting to the Honorary Secretary in writing the reasons for his failure or delay in payment of subscription and requesting to be reinstated.

2.3.1.2             The Council may, by resolution passed by at least a simple majority of the Council members present and voting, reinstate such defaulter provided always that prior to such resolution that defaulter shall have paid in full all his arrears of subscriptions calculated up to the date of reinstatement including the period during which his rights and privileges are suspended and the period during which his membership is terminated, as well as any administrative charges.

2.4                    Rights & Privileges

2.4.1               Notwithstanding anything herein contained and the reinstatement of any defaulter, the defaulter shall not be entitled to any rights and privileges in respect of the period between the date of suspension and the date of reinstatement.

 

3.0 FINANCE

3.1                   Accounting Procedure

3.1.1              The book of account shall be kept at the office of the Institute or at such other place or places as the Council may think fit and shall at all reasonable times be open for the inspection of the Council.

3.1.2              Appointment of Honorary Auditors

                         Two Honorary Auditors or a professional firm of accountant for the ensuring year shall be appointed by a resolution of the members at each Annual General Meeting. The Honorary Auditors shall not be Council Members.

3.1.3             Qualified auditors shall be duly appointed to audit the accounts of the Institute. No person who is a member of the Council or holds any other office under the Institute shall be eligible for appointment as auditors. The auditors shall make a report on the balance sheet and accounts to be submitted to the Annual General Meeting and such report shall be annexed to the accounts to be sent to every member and the report shall be read at the Annual General Meeting.

3.1.4              Council shall at each Annual General Meeting lay before the members the audited statement of account in respect of receipts and expenditure and the assets and liabilities up to the 31st day of March of the year. Provided always that the date to which the accounts are made in each year may be altered by a resolution of the members in General Meeting, either for any year in particular or permanently.

3.1.5               The balance sheet and accounts together with the Report by the Honorary Secretary and a Notice convening the Annual General Meeting shall be sent to each member of the Institute at his registered address.

3.1.6            All sums of money not immediately required for the business of the Institute shall from time to time be deposited in a bank as directed by the Council, and cheques for payment on account shall be signed by any two of the following office-bearers:

a) The President
b) The Vice President
c) The Honorary Secretary
d) The Honorary Treasurer

4.0 COMMITTEES

4.1                   Standing Committees

4.1.1               The Council shall appoint the following standing committees:

                          1. Administration & Finance Committee
                          2. Constitution/Membership Committee
                          3. Professional Practice Committee
                         4. Education/Conference Committee
                         5. Publications Committee
                         6. Activities Committee
                         7. Disciplinary Committee

4.2                  Terms of Reference / Guidelines

4.2.1             Unless otherwise expressly provided herein, the Council shall not later than the second Council meeting after the Council’s election stipulate the terms of reference of each committee which has been appointed.

4.2.2            Unless otherwise expressly provided herein, each committee shall, not later than four weeks after their respective terms of reference are stipulated by the Council as aforesaid or such later date as the Council may allow, respectively submit to the Council for approval a programme by which that committee proposes to perform its tasks or achieve its objective.

 

Events Calendar

May 2017
S M T W T F S
30 1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31 1 2 3
June 2017
S M T W T F S
28 29 30 31 1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30 1
July 2017
S M T W T F S
25 26 27 28 29 30 1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31 1 2 3 4 5

Site designed and maintained by Intellitrain Pte Ltd.  Copyright © Singapore Institute of Arbitrators.  All rights reserved.

Website Terms of Use     Privacy Policy

Go to top