ciai'b.
Annual Report
2022
## Table of contents
|**Section one - Introductions**
President’s report
Chair of the Board of Trustees
Director General
**Section two - Ciarb**
The role of Ciarb
Object and strategy
Public beneft
Taking action on diversity
Key successes of 2022
**Section three - Annual highlights**
Strategic Aim 1 activities
Strategic Aim 2 activities
Strategic Aim 3 activities
Essential operational support
**Section four - Governance**
Trustees
Offcers and Senior Managers of Ciarb
Structure, governance and management
Statement of Trustees’ responsibilities
Governance attendance
Principle risks identifcation and management
Investments
**Section fve - Financial review**
**Section six - Independent auditor’s report**
**Section seven - Financial statement**|**Section one - Introductions**
President’s report
Chair of the Board of Trustees
Director General
**Section two - Ciarb**
The role of Ciarb
Object and strategy
Public beneft
Taking action on diversity
Key successes of 2022
**Section three - Annual highlights**
Strategic Aim 1 activities
Strategic Aim 2 activities
Strategic Aim 3 activities
Essential operational support
**Section four - Governance**
Trustees
Offcers and Senior Managers of Ciarb
Structure, governance and management
Statement of Trustees’ responsibilities
Governance attendance
Principle risks identifcation and management
Investments
**Section fve - Financial review**
**Section six - Independent auditor’s report**
**Section seven - Financial statement**|**Section one - Introductions**
President’s report
Chair of the Board of Trustees
Director General
**Section two - Ciarb**
The role of Ciarb
Object and strategy
Public beneft
Taking action on diversity
Key successes of 2022
**Section three - Annual highlights**
Strategic Aim 1 activities
Strategic Aim 2 activities
Strategic Aim 3 activities
Essential operational support
**Section four - Governance**
Trustees
Offcers and Senior Managers of Ciarb
Structure, governance and management
Statement of Trustees’ responsibilities
Governance attendance
Principle risks identifcation and management
Investments
**Section fve - Financial review**
**Section six - Independent auditor’s report**
**Section seven - Financial statement**|**Section one - Introductions**
President’s report
Chair of the Board of Trustees
Director General
**Section two - Ciarb**
The role of Ciarb
Object and strategy
Public beneft
Taking action on diversity
Key successes of 2022
**Section three - Annual highlights**
Strategic Aim 1 activities
Strategic Aim 2 activities
Strategic Aim 3 activities
Essential operational support
**Section four - Governance**
Trustees
Offcers and Senior Managers of Ciarb
Structure, governance and management
Statement of Trustees’ responsibilities
Governance attendance
Principle risks identifcation and management
Investments
**Section fve - Financial review**
**Section six - Independent auditor’s report**
**Section seven - Financial statement**|**Section one - Introductions**
President’s report
Chair of the Board of Trustees
Director General
**Section two - Ciarb**
The role of Ciarb
Object and strategy
Public beneft
Taking action on diversity
Key successes of 2022
**Section three - Annual highlights**
Strategic Aim 1 activities
Strategic Aim 2 activities
Strategic Aim 3 activities
Essential operational support
**Section four - Governance**
Trustees
Offcers and Senior Managers of Ciarb
Structure, governance and management
Statement of Trustees’ responsibilities
Governance attendance
Principle risks identifcation and management
Investments
**Section fve - Financial review**
**Section six - Independent auditor’s report**
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2
Ciarb Annual Report 2022
Section one
Introductions
## President’s report
## Jane Gunn FCIArb
It has been an incredibly exciting year as your President, witnessing up-close Ciarb’s transformation to an even stronger global membership organisation with a clear purpose, under the superb leadership of our Board and of our Director General, Catherine Dixon. I take this opportunity to thank them, and Ciarb’s staff team, for all their support.
Throughout the year, we entered into a series of collaborations to enable practising and aspiring dispute resolution professionals to access world-class internationally recognised training, and to join our global and diverse membership.
We agreed training arrangements with the British Virgin Islands International Arbitration Centre, the Saudi Centre for Commercial Arbitration, and the Oman Commercial Arbitration Centre. We delivered training in Peru and Costa Rica and are working with our Brazil Branch to grow Ciarb’s membership and extend our presence across South and Central America. We also, through our newly formed Pakistan Branch, delivered mediation training to members of the Pakistan judiciary.
Each of these initiatives paved the way for more dispute resolution professionals to be trained and qualified to Ciarb’s high technical and ethical standards. It is through these agreements that we lay the foundations for the expansion of the use of private dispute resolution globally.
Ciarb’s community is truly global and I was delighted to support our international network through a range of virtual and in-person speaking engagements. These included the:
- **Brazil Investment Forum,** hosted by Ciarb
- Brazil Branch
- **Mediation: Some topical considerations**
- **event,** organised by Ciarb Qatar and UAE Branches
- **Mediation Symposium 2022,** organised by
- Ciarb HQ
- **Ciarb Kenya Mediation Conference,** arranged by Ciarb Kenya Branch
I was honoured to lead the opening address at the ICCA Congress gala dinner, which was sponsored by Ciarb. More than 1,500 of us gathered in person for the first time in four years in Edinburgh, Scotland. It was an even greater honour to meet and connect with so many of our members throughout the event, including three former Ciarb Presidents - Francis Xavier C.Arb FCIArb, Ann Ryan Robertson C.Arb FCIArb and Jeffrey Elkinson C.Arb FCIArb.
Ciarb Annual Report 2022
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In November, I addressed Ciarb’s Branch Chairs, Trustees and Executives at the 2022 Congress dinner. Again, many of us had not met face-to-face for three years and it was wonderful to listen and learn from one another, as well as to recognise and celebrate the achievements of Ciarb’s members and our global and diverse network.
Francis Xavier C.Arb FCIArb and I met again at the 2022 Alexander Lecture, where Francis shared his views on the part dispute resolution practitioners can play in resolving global conflict. Francis brilliantly encapsulated my long-held belief that we need to encourage people from all walks of life to apply the principles of mediation and conflict management in their lives – professional and personal. We have a unique opportunity to play our part in embedding the principles of effective dispute resolution and conflict management to create a more harmonious and peaceful global community.
As I stand down from the 2022 Ciarb Presidency, our commitment to promoting effective dispute resolution and the benefits it brings to societies and economies around the world has never been more important. I am confident that mediation, arbitration and adjudication can play a crucial role in supporting society, and our planet, now and into the future.
I am honoured to have played a small role in the continued success of Ciarb and pass on my good wishes to my successor John Bassie JP LLM C.Arb FCIArb, Ciarb’s President in 2023.
Until we meet again.
Jane Gunn FCIArb The Barefoot Mediator
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Ciarb Annual Report 2022
## Chair of the Board of Trustees
## Jonathan Wood FCIArb
2022 was the second year of Ciarb’s Strategy for 2021-2023, and we made significant progress in delivering against our strategic aims and in securing essential governance reform for Ciarb.
Thank you to those members who joined us at the Extraordinary General Meeting, September 2022, where we reviewed and voted on the proposed changes to our constitutional documents. Following our members’ overwhelming vote in support of the changes to our Charter and Bye-laws, these were put forward to the Privy Council and approved in February 2023.
We didn’t stand still. While awaiting the approval of the Privy Council, we set up several sub-committees of the Board. These include a Finance Committee, Nominations Committee, Governance Committee, and a newly constituted Audit and Risk Committee. We also created a series of special interest groups covering technology, sustainability and adjudication.
We created a working group to inform the Law Commission’s review of the Arbitration Act 1996. We also responded to the UK Government’s consultation on whether to sign the Singapore Convention on Mediation, collecting the views of our international membership to shape our input. Working closely with Ciarb’s global mediator members, we responded to the proposal to introduce mandated mediation in England
and Wales. We also launched a new guideline on the use of Technology in International Arbitration. Thank you to all our members who contributed to this important work.
We increased our global membership, continued to build even closer working relationships with our Branch committees through regular discussion and consultation, and delivered training to over 4,700 candidates globally.
Our Branches played an integral part in facilitating greater access to justice. Congratulations to Ciarb Nigeria Branch for its tireless work over the past 17 years, which culminated in 2022 with the adoption of the country’s Arbitration and Mediation Bill. The work of our colleagues at Ciarb Nigeria is just one example of the commitment, determination and resilience I have witnessed throughout our global community this year.
Ciarb Pakistan Branch opened this year, our 42nd Branch, at a pivotal time for the country. The Branch will be heavily involved in supporting Pakistan to transform its overburdened legal system and in driving its economy forward by providing effective dispute resolution to strengthen investor trust.
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Ciarb Annual Report 2022
Ciarb’s accomplishments in 2022 were made possible by the dedication of our members, who generously and voluntarily contribute their time and expertise through our governance structure, Branches, faculty, policy initiatives and events.
Special thanks must go to Ann Ryan Robertson C.Arb FCIArb, our outgoing 2021 President. A welcome and thank you to Jane Gunn FCIArb, Ciarb’s President, for all her support over the year. I also take this opportunity to thank my Board colleagues, our Director General, and the wider Ciarb team for their hard work.
It has been an honour to serve as Chair of the Board of Trustees. I congratulate Marion Smith KC FCIArb on her 2023 appointment as Chair and wish her and the Ciarb team continued success. I will continue to support Ciarb as Deputy President before taking on the role of President in 2024.
Jonathan Wood FCIArb Chair of the Board of Trustees Ciarb President 2024
Ciarb Annual Report 2022
7
## Director General
## Catherine Dixon MCIArb
Ciarb performed strongly in 2022 and I take this opportunity to thank Ciarb’s Board, Branches, Committees, working groups, faculty, volunteers, members and staff for all their support and hard work on behalf of the Institute over the course of the year.
This is the second year of Ciarb’s strategy and despite a world still emerging from Covid, geopolitical conflicts and rising inflation, I’m delighted to confirm a strong financial performance resulting in income growth of around 9% as a consequence of increased membership and uptake of our courses.
By the end of the year, Ciarb’s membership had grown to its highest ever numbers with 17,398 professional members. We also trained and engaged significant numbers of professionals through our education and training, events and as part of our online global community.
Importantly, we also secured agreement from the Privy Council and members for vital changes to our Governance, including the power to award the new designation of Chartered Adjudicator.
Ciarb continues to play an influential role globally, promoting the value of effective dispute resolution, advocating for its wider adoption, and leading best practice. In 2022, we:
- Represented our members’ views when
- attending and contributing to UNCITRAL (the United Nations Commission on International Trade Law) Working Groups II and III which had a direct impact on policy development in international arbitration and adjudication.
- Supported members with best practice,
- publishing our Use of Technology in International Arbitration Guideline.
- Influenced the development of legislation
- through consultation responses and by supporting our Branches. We submitted responses to UK consultations on joining the Singapore Convention on Mediation, the proposed introduction of automatic referral to mediation, and the review of the Arbitration Act 1996 to which we contributed significantly. We supported Branches with legislative and policy change of relevance in their jurisdictions.
- Demonstrated our commitment to
- diversity and inclusion by supporting the equal representation pledges, implementing inclusive policies on events and education and training, and supporting International Women’s Day.
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Ciarb Annual Report 2022
As a truly global institution, Ciarb identified developments and trends, highlighting these to members to support their practice in a rapidly changing world. For example, we:
- Responded to the issues arising from
- geopolitical events by creating the six-part webinar series **Commercial** , in
- **Stability in a World of Conflict** association with JAMS. Over 2,500 people registered to watch these complimentary webinars live. They are now available to view through our YouTube channel.
- Delivered ongoing learning opportunities
- focused on topics including developments in the choice of law in international arbitration; pre-hearing practicalities; international construction industry trends - climate change disputes; and how to get your first arbitration appointment to name a few. Also, Sir Geoffrey Vos, the Master of the Rolls in England and Wales delivered a thought leadership speech on mandating mediation – the digital solution.
- Grew our Branch network, launching the
- new Ciarb Pakistan Branch with the support of the Chief Justice of Pakistan and prominent members of the Pakistan judiciary. This resulted in Ciarb delivering mediation training to the judiciary and senior practitioners in Pakistan. Branches in the Americas, Africa and APAC held their own regional conferences and many of our Branches including those in Singapore, East Asia, UAE, the Americas, Africa, and the UK delivered ongoing learning, CPD/CLE and training to members locally and regionally.
- Represented Ciarb at key global events
- either by sponsoring, speaking and/or attending. These included the International Council of Commercial Arbitration Congress (ICCA), Istanbul Arbitration
Week, London International Disputes Week and Paris Arbitration Week. Also, I was proud to join IFCAI (the International Federation of Commercial Arbitration Institutions as a Council member, representing the views of our members at this forum.
- Focused on how members can gain
- appointments at our Congress in London. This was attended by representatives from our Branches from around the world.
We believe that dispute resolution should reflect the society it serves. To achieve that, we must attract and train professionals from diverse backgrounds who can bring a range of experience and skills to the profession. In 2022, we:
- Trained 10% more people through our high-
- quality courses and assessments. We thank our worldwide faculty for enabling us to train more people than ever before.
- Agreed competence frameworks which
- identify the minimum level of competences expected from our members at different levels of our membership.
- Extended our reach through training
- agreements with a range of international arbitral organisations.
- Laid the foundations for new Branches in
- the Kingdom of Saudi Arabia, Oman, Peru and Rwanda.
- Reached almost 8,000 people through 27
- events, across different formats and timezones to widen global accessibility. Our thanks go to the impressive range of speakers from around the world who made these events possible.
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Ciarb Annual Report 2022
- Launched Ciarb’s new brand to improve
- perceptions and relevance within the global dispute resolution sector.
- Supported the next generation of
- professionals by sponsoring the Vis East Moot and Vis Moot, and co-hosting the London Pre-Moot with Fox Williams LLP.
- Increased our social media following by 21%.
- Our LinkedIn following alone grew to 76,000 compared to 61,000 at the end of 2021.
- Made more appointments through our
- Dispute Appointment Service.
We continued to improve Ciarb’s operational performance and governance by implementing a new payment platform for members; supporting Branches with an Extranet; improving quality assurance in education and training; and by implementing improvements to governance through, for example, the creation of new and revised sub-committees to support the Board.
## **In 2023, we will:**
- Continue to develop our role as a global
- thought leader through our policy work with UNCITRAL, developing guidelines, working more closely with global institutions, and continuing to develop our world leading Journal.
- Expand our global reach in Africa, MENA and
- South America.
- Implement changes to our governance
- including developing a process for obtaining our new Chartered Adjudicator designation from 2024.
- Improve the quality of our education
- and training through the introduction of competences.
- Deliver quality, relevant events that support
- our members’ practice.
- Improve our members’ experience through
- the launch of a new website, member portal and directory, supported by a new customer relationship management system and content management system.
- Learn more about our members to enable
- us to support diversity and inclusion within the sector and better serve our members’ needs.
We recognise the inevitable impact the challenging macro environment may have on our members. We are confident that the changes we are making at Ciarb will ensure we continue to deliver the right support, training, tools and guidance to equip our members for practice today and in future.
It is an honour and privilege to serve as Ciarb’s Director General. We have an outstanding leadership and staff and I take this opportunity to thank them for their commitment to Ciarb.
## Catherine Dixon MCIArb Director General
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Ciarb Annual Report 2022
I have been a Fellow since 2013 and became a Chartered Arbitrator in 2022. Ciarb membership transformed my professional and academic life, and it was even the source of my first appointment as an arbitrator. Networking opportunities are vast and real, and through Ciarb I have engaged with qualified professionals and made friends in all continents. I wear my post-nominals with great satisfaction and pride. They are definitely not easy to get. And they remind me all the time of our strong ethical and professional commitments to the Ciarb values and goals and to each other as members of this incomparable international community.
Cesar Pereira C.Arb FCIArb, Partner at Justen, Pereira, Oliveira & Talamini, Lawyer and Arbitrator based in São Paulo, Brazil
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Ciarb Annual Report 2022
Membership at Ciarb has been excellent for me to learn from many members who are focused on arbitration, and to be able to give back to the community. I have served the Singapore Branch as their treasurer for a few years now, and being part of this vibrant community has been a privilege.
The future for Ciarb is exciting with a number of new initiatives, thought leadership and events under development. The participation of the members in the development of these initiatives and the energy that converges is very exciting and promises significant value for the members.
Chaitanya Arora ACIArb,
Managing Director, Secretariat International
After thirty years in practice at an international law firm, I am now an independent arbitrator and a lecturer at Sciences Po Law School. I have benefitted greatly from my Ciarb membership and, in particular, from the training that I received through courses and a pupillage while on the path to Fellow and Chartered Arbitrator status.
As a result of the Ciarb’s practical training in relation to case management and the drafting of procedural orders and awards, when I received my first appointment as sole arbitrator, I had the necessary skills to assume this role. Since then, I have found the Ciarb’s programme of seminars and series of practice guidelines to be immensely helpful in keeping up to date with best practices in international arbitration.
Patricia Peterson C.Arb FCIArb, Independent Arbitrator, Peterson//ADR
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Ciarb Annual Report 2022
¥.
Section two
Ciarb
## **The role of Ciarb**
Ciarb (the Chartered Institute of Arbitrators) is an independent, charitable membership organisation committed to supporting effective dispute resolution globally. Ciarb champions all aspects of dispute resolution across arbitration, mediation and adjudication, setting robust ethical standards.
Our international membership spans 150 jurisdictions, connected through over 40 active Ciarb Branches worldwide. We support our members with learning and networking opportunities, qualifications, mentorship, research and resources, events and best practice guidance.
## **Our vision is a world where disputes are resolved promptly, effectively, and creatively.**
We see a world where everyone, everywhere understands the value of effective dispute resolution. Where people, regardless of their economic or social background, can access justice that’s fair and effective. Enabling people to move forward together. Ensuring society prospers.
We believe that our strategic aims will help us achieve our vision and demonstrate commitment to our mission:
## **“Ciarb’s mission is to be the inclusive**
**global thought leader on dispute resolution, promoting and facilitating the creative and effective resolution of disputes, supporting diversity and inclusion and ensuring practitioners are highly trained and comply with professional standards and ethical rules.”**
## **Object and strategy**
Ciarb’s object as set out in our Royal Charter and revised in February 2023 is:
## **‘To promote and facilitate worldwide the determination of disputes by all forms of private dispute resolution other than resolution by the court (collectively called ‘private dispute resolution’).[1]**
2022 was the second year of our three-year strategy and, as set out in this annual report, we made great strides towards achieving our ambitions. Our strategic aims are:
**Strategic Aim 1:** Globally promote the constructive resolution of disputes.
**Strategic Aim 2:** Be a global, inclusive thought leader.
**Strategic Aim 3:** Develop and support an inclusive global community of diverse dispute resolvers.
You can read Ciarb’s full strategy at ciarb.org/strategy.
## **Public benefit**
As a registered charity in England and Wales, Ciarb delivers a range of public benefits:
Ciarb works with Institutions, Governmental and other bodies around the world to ensure legislation governing dispute resolution is effectively drafted in a way that is consistent with the public interest, benefitting end-users and wider society. We promote, worldwide, the concept that private dispute resolution may be adopted as a genuine alternative to litigation in the courts through the use of flexible and sensible procedures which avoid unnecessary expense and delay, and which benefit societies. We are proud of the work
1 Ciarb Royal Charter and Bye-laws, 15 February 2023.
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Ciarb Annual Report 2022
that our Branches do in this regard. See page 19 onwards for more information on how we do this.
Capacity-building is a key activity for Ciarb. Our aim is to increase the number of qualified dispute resolvers around the world, expanding capacity in the system and widening access to justice. We recognise that in some jurisdictions complex and expensive judicial systems can hinder access to justice. We promote and build capacity for private dispute resolution as a cost-effective, timely and credible alternative for resolving differences. We raise awareness of dispute resolution in other jurisdictions through education and supporting development of Branches. In 2022, we delivered training for the first time in Cameroon, Costa Rica, Oman, Pakistan, Rwanda, and Peru in order to grow our global network and further the development of effective dispute resolution as a viable alternative to the courts thereby enabling access to justice. See pages 23-24 and 41 for more details.
Ciarb improves awareness of dispute resolution by providing educative information on our website, publishing regular articles on developments in the sector, and holding free events that are open to non-members to attend. For example, our **Commercial** series of **Stability in a World of Conflict** webinars was particularly well-received, attracting over 2,500 registrations.
The Ciarb Specialist Groups are being established to draw on highly specialised member expertise to generate and/or review Ciarb guidelines, address specific issues relating to the different dispute resolution disciplines internationally (e.g. adjudication), or to different intersectional issues such as sustainability.
Promoting best practice is core to our work. Our Professional Practice Guidelines provide valuable guidance and are freely accessible through our website. They equip dispute resolution professionals with the knowledge they need to continue providing excellent service to the public.
Ciarb enables access to a range of dispute appointment schemes, connecting those in need of dispute resolution with the right professionals through the right mechanisms. These include the Business Arbitration Scheme for smaller businesses, to statutory schemes and local Branch-run services. In 2022, we added the Coronavirus Commercial Rent Debt Arbitration Scheme to our suite.
We continue to embed our equality,
diversity and inclusion (EDI) strategy. We are committed to promoting equal opportunities, providing equitable treatment, and creating a diverse and inclusive culture at Ciarb where members, staff and volunteers are all treated with dignity and respect. We aim to support those from underrepresented backgrounds to access justice and to access career and professional development opportunities within dispute resolution. See page 17 for information on how Ciarb is taking action to improve diversity.
We oppose slavery and human trafficking in all its forms. Although Ciarb is not required to make a modern slavery statement under section 54 of the Modern Slavery Act 2015, we have chosen to make a voluntary statement. The statement confirms our commitment to ethical trading principles and sets out the steps we are taking to identify risks and tackle modern slavery and human trafficking in our business and our supply chains.
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Ciarb Annual Report 2022
To raise wider awareness of the benefits of dispute resolution and the essential role it plays in wider society, Ciarb is signatory to a range of pledges including the Equal Representation in Arbitration pledge. We are also a steering group member for the Equal Representation of Expert Witnesses pledge, the Campaign for Greener Arbitrations pledge and the Conflict Avoidance Pledge.
The Trustees confirm that they have had regard to the Charity Commission’s guidance on public benefit in reporting on the Charity’s objectives and achievements.
## **Our volunteers**
Ciarb is supported by a large network of members who volunteer substantial amounts of time and play a vital role in advancing our strategic aims.
Member volunteers contribute to our governance through sitting on our Board, committees and special interest group. They provide local training, networking and other opportunities for members around the world by leading and contributing to the running of over 40 Branch committees, and many contribute to the ongoing development of other members by presenting webinars and developing Ciarb content.
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Ciarb Annual Report 2022
## **Taking action on diversity**
Ciarb is committed to improving diversity in the private dispute resolution sector, within its membership and across its staff and volunteers. Our approach is underpinned by our equality, diversity and inclusion (EDI) strategy and we acknowledge that there is much to be done to bring about meaningful change. As a starting point, Ciarb recognises it must improve the data it holds about the diversity of its members. We are therefore putting in place the systems which will enable data on diversity to be gathered and will be asking members to share relevant information about diversity to help Ciarb improve. By doing this, we will better understand where to focus our efforts
and measure our progress. The following information is based on existing data and, as such, is not fully complete or accurate but serves as a starting point.
## _**Membership**_
Female professional membership increased by 1% year-on-year since 2020. This increase was at all professional grades except Associate where numbers remained static between 2021 and 2022.
Ciarb aims to gather more comprehensive data on gender in line with best practice, as well as other diversity data, primarily on ethnicity.
|Membership
grade|2020|2020|2021|2021|2022|2022|
|---|---|---|---|---|---|---|
||Male|Female|Male|Female|Male|Female|
|Overall|80%|20%|79%|21%|78%|22%|
|Associates|75%|25%|74%|26%|74%|26%|
|Members|80%|20%|79%|21%|78%|22%|
|Fellows|83%|17%|82%|18%|80%|20%|
|Chartered|90%|10%|89%|11%|88%|12%|
## _**Dispute Appointment Service Panel Membership**_
In 2022, we revised our adjudication panel entry criteria to enable more applications from our wider membership and specifically from female members. Our panels will remain open to, in particular, encourage women and those members from a diverse background to join. The following table shows the composition of Panel membership (as at February 2023):
|Panel|Male|Female|
|---|---|---|
|All panels|90%|10%|
|Arbitration panel|89%|11%|
|Mediation panel|78%|22%|
|Adjudication panel|95%|5%|
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Ciarb Annual Report 2022
## _**Staff**_
In 2022 Ciarb had, on average, 64 members of staff, 12.5% of whom were based overseas. Through 2022, Ciarb had 76 members of staff, 51% of whom provided ethnicity data. Of these, 64% were white, 23% Asian, 8% black and 5% of mixed or other ethnicity. 68% of staff were female, and 32% were male.
## _**Volunteers**_
A key aim of our EDI strategy is to ‘inculcate a culture of equality, diversity and inclusion across all Ciarb activities, projects and initiatives so that our commitment to EDI underpins everything we do.’
We proactively seek input and participation from a wide range of members and nonmembers and have embedded diversity in our processes. This includes establishing protocols for our events and education and training teams.
For events, this means considering the diversity of our speakers and panels, looking for representation across genders, ethnicities, geographies, career stages, professional disciplines and more. By taking this approach, we have increased the diversity of speakers involved in our events. Over 200 speakers from 47 countries took part in Ciarb events through 2022, 57% of whom were female.
For education and training, this means we proactively consider the needs of students and endeavour to meet requests for support wherever possible. For example, we made changes to our online learning and development platform to enable greater accessibility for those with dyslexia and/or visual impairment.
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Ciarb Annual Report 2022
## Key successes of 2022
## **Global growth**
Ciarb increased its professional membership by 3% to 17,398.
**Increased reach and profile** We grew our social media following by 21%.
## **Increased effectiveness**
## **and efficiency**
Members approved changes designed to improve Ciarb’s agility as an organisation.
## **More appointments made**
**Greater international presence** Our global network increased to 42 Branches.
16% more appointments were made through our Dispute Appointment Scheme (DAS).
## **Representing members when it matters**
We submitted responses to three UK consultations.
## **Increased events registrations**
Almost 8,000 people registered for our events in 2022.
## **Developing best practice**
We launched the Use of Technology in International Arbitration Guideline.
## **Capacity building**
Over 4,700 people completed Ciarb training and over 4,000 took Ciarb assessments.
## **Mentoring provision**
Over 300 members took part in our pilot online mentoring programme.
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Ciarb Annual Report 2022
Section three
Annual highlights
## **Strategic Aim 1: Globally promote the constructive resolution of disputes**
In 2022, Ciarb engaged with a range of audiences across the world to proactively promote the benefits and value of dispute resolution.
## **We represented our members’ views when attending and contributing to UNCITRAL (the United Nations Commission on International Trade Law) Working Group II and III as an observer.**
- In Working Group III (Investor-State
- Dispute Settlement Reform), we provided input on discussions surrounding third party funding and a possible advisory centre. We contributed to work on the highly anticipated draft Code of Conduct for Adjudicators, particularly around issues of double-hatting provisions.
- In Working Group II (Dispute Settlement),
- we gave input on discussions around early disposal mechanisms to be incorporated into disputes using the regular UNICTRAL Arbitration Rules. Also inputting on scoping discussions regarding future work on instruments for technology disputes, such as development of an adjudication process.
- We engaged in numerous private
- consultations with state representatives and other observer delegations on the topics under discussion.
**Ciarb acts as secretariat for the UK All-Party Parliamentary Group on Alternative Dispute Resolution (APPG ADR). We arranged events through 2022 to raise awareness of key issues.**
- May: Panel and discussion on mandatory
- mediation.
- September: Discussion by stakeholders
- of the Ministry of Justice consultation on Mediation in the Civil Justice system (and automatic referral to mediation).
- November: Panel and discussion on the Law
- Commission’s consultation on the Arbitration Act 1996 and the proposed amendments.
## **Ciarb’s highly respected academic, peerreviewed journal featured an impressive range of articles from diverse contributors, helping to advance thinking on dispute resolution practice.**
_Arbitration: The journal of international arbitration, mediation, and dispute management_ enables Ciarb to promote and share the latest thinking in dispute resolution practice. The most-read pieces in 2022 included:
- The Validation Principle and Arbitration
- Agreements: Difficult cases make bad law - Andrew Tweeddale (Volume 88, Issue 2)
- Impact and Effects of International
- Economic Sanctions on International Arbitration – Steve Ngo, Steven Walker (Volume 88, Issue 3)
- The English Supreme Court’s Decision in
- Halliburton v. Chubb: An examination of the issues arising from arbitrators’ acceptance of multiple appointments in related arbitrations and arbitrator’s duty to disclose - Daze C. Nga, Peace O. Adeleye (Volume 88, Issue 1)
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- Why Artificial Intelligence is a Compatible
- Match for Arbitration – Maroof Rafique (Volume 88, Issue 2)
## **Ciarb’s quarterly membership magazine,** _**Resolver**_ **, provided coverage on a range of topics of interest to members across the world.**
Popular articles in 2022 included:
- How to … Understand Third-party Funding –
- Camilla Godman, Summer 2022
- Climate Change and Arbitration Post-
- COP26 – Wendy Miles KC, Spring 2022
- Finding Stability in Uncertain Times – Sheila
- Bates, Michael McIlwrath, Ranse Howell, Dr Isabel Phillips FRSA, Summer 2022
## **Ciarb represented its members’ views through three UK consultation responses, all of which have significance in the international context of dispute resolution.**
## **Singapore Convention on Mediation**
Ciarb has promoted the adoption of the Convention since its introduction in 2019. In April 2022, having consulted a number of experienced experts including prominent Fellows, arbitrators, counsel, judiciary, and academic authorities, we issued our response to the long-awaited consultation on whether the UK should join the Convention. In line with the recommendation made in the APPG ADR _Report on the UK and Singapore as Global Disputes Hubs_ , we advocated for the UK to join.
The consultation posed a range of questions, including whether it is the right time for the UK to join; what impact joining would have for UK mediation and mediators; and whether
the UK Government would consider making a reservation under Article 8 should the UK choose to ratify.
## **Mandatory mediation**
Ciarb issued its response in October 2022 to the UK consultation on increasing the use of mediation in the civil justice system.
## The consultation considered the
Government’s proposal to automatically refer people involved in a civil dispute valued up to £10,000 for a free mediation session provided by Her Majesty’s Courts and Tribunals Service (HMCTS) as part of the court process. It also sought stakeholders’ views on how the Government can support and strengthen the external civil mediation sector.
## **Arbitration Act 1996**
In December 2022, we responded to the UK Law Commission’s consultation on the Arbitration Act 1996. Our submission was informed by a specially formed working group.
- Ciarb’s submission addressed matters
- including: emergency arbitrators, court powers exercisable in support of arbitral proceedings, Sections 67 and 69 of the Act, duty of confidentiality, duties of independence and disclosure, discrimination, technology, immunity and other possible minor amendments. It also raised additional issues that were not addressed in the paper, particularly on hybrid dispute resolution processes and Section 68’s influence on climate change disputes.
- We also hosted a free public consultation
- event with the Law Commission in November 2022.
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**Ciarb’s Dispute Appointment Scheme (DAS) handled 16% more cases in 2022.**
## **Number of cases 2021 vs 2022**
## **Arbitration***
## **Adjudication**
**----- Start of picture text -----**
150
120
90
146
60 117
30
0
2021 2022
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**----- Start of picture text -----**
60
50
40
30 59 57
20
10
0
2021 2022
**----- End of picture text -----**
**Mediation**
## **Expert Determination**
**----- Start of picture text -----**
5
4
3
5
2
3
1
0
2021 2022
**----- End of picture text -----**
**----- Start of picture text -----**
2.0
1.5
1.0 2 2
0.5
0.0
2021 2022
**----- End of picture text -----**
**Total cases received in 2021 = 181 Total cases received in 2022 = 210**
*Arbitration cases were received through the following schemes: Presidential Arbitration appointment requests, Business Arbitration Scheme (BAS), Pubs Code Adjudicator (PCA) Arbitration Service, Coronavirus Commercial Rent Debt Arbitration Scheme.
Ciarb is committed to increasing the diversity of our panels and we are actively looking at ways to achieve this. See page 17 for more detail about panel diversity.
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As a third-year law student with an interest in a career in international arbitration, Ciarb has been a golden key in jumpstarting my professional career. There are a variety of resources available to Student members. For me, this has been especially helpful as I prepared for the Vis Moot 2023 competition. This, coupled with the immense global community of esteemed professionals that I am now a part of, are just a few of the many benefits of Ciarb.
Marina Gomm Santos, Student member, 3rd year student at the University of Miami School of Law, graduating in May 2023
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## **Continued development of the Arbitrator, Mediator and Adjudicator Competence Frameworks through 2022.**
Ciarb has developed competence frameworks for third party neutral dispute resolution as an overall area of professional practice and for each individual discipline.
We continue to work with Ciarb faculty, membership and stakeholders as we progress implementation of the competence frameworks. This involves re-evaluating how Ciarb courses are structured and taught to ensure they deliver to the expectations set out by these frameworks, which are designed to provide:
- Clarity for dispute resolution users,
- professionals and learners on what is expected from dispute resolution professionals and what they should expect of themselves.
- Greater consistency on standards across
- the disciplines.
- Clarity on what is required to progress
- through Ciarb’s membership levels.
- Consistent evaluation of skills and
- knowledge across all three disciplines.
- Clarity on what is required of those
- training and assessing dispute resolution professionals.
Operationalisation of the competence frameworks has begun with:
- Expert appraisal of assessment options.
- Auditing of existing content.
- Setting up of the global Education and
- Training Advisory Group (ETRAG).
- The development of a faculty competence
- framework to address the quality of training, coaching and assessment in its initial stages.
**Public lectures and events help Ciarb to reach a wider audience, raising awareness of key issues affecting the profession and those it serves.**
Our events programme included the **Roebuck Lecture** and the **Alexander Lecture** , both of which were free to attend virtually.
## **Affordable access to introductory training continued for Ciarb Students.**
Student membership of Ciarb is free. Student members get access to a range of events _Resolver_ and benefit from free access to the magazine and _Arbitration: The journal of international arbitration, mediation, and dispute management._
Ciarb also continues to provide discounted access for Student members to the **Online**
**Introduction to ADR Course and Assessment** . This enables affordable access for students to learn about the types and benefits of effective dispute resolution.
## **Capacity building activities progressed apace.**
Over 800 delegates, including key figures from the Pakistan judiciary, attended the Pakistan Branch’s inaugural conference, a tremendous achievement for the new Branch Committee. The launch event culminated in the ratification of the Lahore Arbitration Declaration – a positive step towards
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embedding effective dispute resolution in Pakistan.
Ciarb delivered training in Cameroon, Costa Rica and Peru as part of our commitment to build international dispute resolution capacity.
Memoranda of Understanding were signed with the British Virgin Islands International Arbitration Centre (BVI-IAC) and Oman Arbitration Centre (OAC), affirming commitments to promote dispute resolution.
## **Ciarb was made an approved arbitration body under the UK Commercial Rent (Coronavirus) Act 2022.**
The Act allows parties to resolve outstanding commercial rent disputes arising from the pandemic quickly and affordably. Creating the scheme provided further opportunities for Ciarb panel members to be appointed in disputes arising from pandemic-related commercial rent.
## **Engagement and collaboration with international institutions grew and strengthened in 2022.**
Ciarb’s Director General, Catherine Dixon, was appointed to the International Federation of Commercial Arbitration Institutions (IFCAI) Council in June 2022. The appointment is testament to Ciarb’s continued commitment to foster constructive and productive relationships with dispute resolution institutions across the world, share knowledge and best practice, and strengthen the Ciarb brand globally.
Ciarb acted as the Secretariat to the LegalUK group, hosting several meetings through the year. This group is chaired by The Rt. Hon Dame Elizabeth Gloster DBE PC.
Other groups and stakeholders we interacted with during 2022 included:
- The Conflict Avoidance Coalition
- The CityUK
- The Bar Council (UK)
## **December 2022 marked Ciarb’s first anniversary as the sole provider of Arbitration Referral Services to the Pubs Code Adjudicator (PCA).**
Since becoming the sole provider in December 2021, Ciarb has handled the management and administration of the PCA’s arbitration service, thereby supporting the PCA with its regulatory agenda. During the year, we developed and delivered specialist Pubs Code training for our arbitrators. We also welcomed four new Pubs Code Confident Arbitrators to our PCA panel.
- Law Commission (UK)
- The American Bar Association Section
- of Dispute Resolution Council
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Ciarb Annual Report 2022
“Ciarb enhanced my understanding of ADR which in turn enabled me to be a better ADR counsel and to serve my clients more effectively. Qualifying with a globally recognized institution also got me unanticipated speaking, teaching and writing opportunities. I also get to engage with other professionals in the international community and to benefit greatly from their experiences, wisdom and practical knowledge.”
Noreen Kidunduhu MCIArb, Energy & Extractives Lawyer
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Ciarb Annual Report 2022
In short, my journey with the Chartered Institute of Arbitrators (Ciarb) has been one of learning, networking, collaborating and self-discovery. Ciarb’s global footprint combined with its reputation as a premier ADR institution has been crucial in my professional life.
As an active member, I have increased visibility and access to all updates and materials in ADR. It is an indispensable institution that has made its mark on the industry it serves.
Madeline Kimei MCIArb, Principal Director, iResolve
I was awarded no-cost participation for a Ciarb diploma course for prevailing at a local New South Wales Young Lawyers/Ciarb International Commercial Arbitration moot.
After achieving Membership, I became active in the local Ciarb Young Members Group and I am now a Fellow serving on the Branch board of directors.
I have relied on Ciarb’s network and policy documents to coauthor important foreign direct investment articles which have led to an appointment as Counsel for an Australian party with an investorstate dispute against a Latin American State. Ciarb is a resource which has guided my career.
Erika Williams FCIArb, Independent Arbitration Practitioner, Williams Arbitration
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## Branch activities: Pakistan Branch
**Pakistan Branch’s** inaugural **Conference on Judicial Perspectives on Domestic and International Arbitration in Pakistan** attracted over 800 delegates.
Sessions covered topics including the role of ADR centres and commercial courts in increasing foreign investors’ confidence; ADR global perspectives; energy and power arbitration in Pakistan; standardisation in arbitration practice, procedure and process; and dispute resolution, a client’s perspective. Delegates heard from a brilliant line-up of speakers including many key figures from the Pakistan judiciary, most prominently Honorable Chief Justice of Pakistan Mr. Justice Umar Ata Bandial.
Pakistan’s first construction disputes report co-authored by the Chair and Vice Chair of the - Branch was launched at the conference (available at https://mkconsultus.com/pakistan - - construction disputes report/).
The conference culminated in the ratification of the Lahore Arbitration Declaration – a positive step towards embedding private dispute resolution in Pakistan.
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Ciarb Annual Report 2022
## **Strategic Aim 2: Be a global, inclusive thought leader**
Ciarb engages with practitioners across the world to discuss and expand the applications of dispute resolution.
## **Ciarb launched the Use of Technology in International Arbitration Guideline.**
By developing and publishing best practice guidance, we enable Ciarb’s members to stay at the forefront of dispute resolution practice.
In addition, we finalised the updated MultiParty Arbitrations Guideline, due for release in 2023.
## **Engaging with dispute resolution professionals around the world enables us to raise awareness and explore new developments. One way in which we do this is to represent Ciarb at events throughout the year.**
Here are just some of the events we participated in during 2022:
## **The Use of Technology in International**
**Arbitration Guideline** , issued in December 2021, was warmly received through 2022 with feedback including:
- International Council for Commercial
- Arbitration Congress
- London International Disputes Week
- Paris Arbitration Week
_‘Although they are not mandatory, the technology guidelines are likely to be authoritative, given they were published by the Ciarb. Notably, guidelines published by the Ciarb on other issues are regularly referred to in international arbitration. They are broader in scope than the existing technology-related guidelines. Accordingly, they may fill a potential gap in the previously available guidelines and are therefore likely to be a valuable addition to international arbitration.’_
Mikhail Vishnyakov, Ciarb guidelines on the use of technology, Law Society Gazette, 18 March 2022.
_‘These Guidelines have been drafted by arbitration specialists from both common and civil law backgrounds and codify what the Ciarb considers to be international best practice in the areas they address.’_
Dr. Gordon Blanke, Arbitration Tech Toolbox: Interview with Dr. Gordon Blanke on the New Ciarb Technology Guideline, Kluwer Arbitration Blog, 3 January 2022.
- American Bar Associate Dispute Resolution
- Section Arbitration Institute
- Canada Arbitration Week
- Istanbul Arbitration Week
- Tel Aviv Arbitration Week
- European Federation for Investment Law
- and Arbitration Annual Conference
- Federal Bar Association Leadership Summit
- Institute for Transnational Arbitration Annual
- Workshop and Forum
- Bucharest Arbitration Days
To enable engagement with existing and future dispute resolution practitioners, Ciarb co-hosted the London Pre-Moot with Fox Williams LLP in February 2022. We also sponsored the following events:
- Vis East Moot, March 2022
- Vis Moot, April 2022
- International Council of Commercial
- Arbitration Congress, September 2022
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Ciarb Annual Report 2022
## **Ciarb responds to topical issues, providing our members and others with the opportunity to debate key questions and share existing and emerging best practice.**
Ciarb delivered 27 events in 2022 which varied in format between virtual, in-person and hybrid, allowing us to host inclusive and accessible events for all our members. In 2021 we delivered events virtually out of necessity. In 2022, we explored different hybrid formats, always having accessibility, inclusion and sustainability at the forefront when designing events. This resulted in increased engagement – our events web pages achieved just under 228,000 page views (over 100,000 unique page views), and almost 8,000 people registered for our events.
To ensure all our members had equal access to our events, we planned them in different timezones, added on-demand content and published recordings to our YouTube channel. Over 200 speakers from 47 countries participated in our events, 57% of whom were female.
## **Mediation Symposium 2022: The Role of Mediation in Achieving Sustainable**
**Development – Our duty to challenge?** We delivered 11 hours of virtual content over 2 days, and through two in-person hubs in Singapore and London, making it truly accessible to a global audience.
## **Americas Conference 2022: Arbitration in the Americas – Views from the profession, the practice, the providers and the parties we**
## **serve**
This Conference brought together all Ciarb’s Branches in the Western hemisphere.
## **Ciarb Congress and Alexander Lecture 2022**
These were delivered as hybrid events from London.
The Congress took as its theme _‘Building a Profile as a Dispute Resolver – The first appointment and beyond’._
## The **Alexander Lecture, ‘Resolving Intractable Inter-States Disputes: A Sisyphean**
**Struggle?’** was delivered by Ciarb past president, Francis Xavier S.C. PBM C.Arb FCIArb.
## **Event highlights**
## **International Women’s Day 2022:**
## **Break the bias**
A hybrid event with morning virtual panel and afternoon in-person panel in London. Alongside the event, we published interviews with a range of dispute resolution practitioners from around the world, sharing their views on what Break the Bias meant to them.
## **Public Consultation Event with the Law Commission**
Over 300 registered to participate in this unique opportunity to discuss the UK Law Commission’s consultation on the Arbitration Act 1996.
Further to engagement through the first consultation, the UK Government opened a second consultation in 2023 focusing on particular issues raised.
## **Roebuck Lecture 2022: Mandating Mediation – The digital solution**
Delivered by The Rt. Hon. Sir Geoffrey Vos, Master of the Rolls.
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Ciorb Annuol Report 2022
## **Commercial Stability in a World of Conflict: Effective dispute management in uncertain times webinar series**
In response to geopolitical issues we worked with JAMS to deliver a free six-part webinar series. The series concentrated on the fall-out of armed and economic conflict, looking at the types of disputes, sectors and industries affected. Over 2,500 people registered to watch these webinars live, the recordings of which are available on Ciarb’s YouTube channel. The webinars were:
- **Acute dispute and underlying conflict**
- **Civil-commercial neutrals and the fall-out**
- **of conflict**
- **Commercial organisations and political**
- **conflict**
- **The Impact of Legal Technology on Legal**
- **Services: What does that mean and what should we do about it?** – London Branch, April 2022
- **Innovations and Disruptions: ADR today**
- **and tomorrow** – Kenya Branch, April 2022
- **Mediation: Some topical considerations** –
- Qatar and UAE Branches, April 2022
- **The Resolution of Low Value Disputes:**
- **Court, arbitration, adjudication or mediation – You Decide!** – South East Branch, April 2022
- **The Importance of Procedure in the Pursuit**
- **of Justice** – Europe Branch, April 2022
- **Civil-commercial and International Law**
- **Acute Disputes: When Acute Becomes**
- **Chronic**
- **Fragile settlement, or transformational**
- –
- **Keating Construction Law Update 2022**
- North East Branch with Keating Chambers, May 2022
- **development?**
## **Ciarb’s Branches were particularly active during 2022, holding events and**
## **collaborating with others to raise awareness and understanding of dispute resolution.**
The list of events and activities is too extensive to list in full. The following highlights the diverse range of engagements and collaborations facilitated by our Branches:
- **Commercial Mediation Workshop** – West
- Midlands Branch, May 2022
- **Conference on Judicial Perspective of**
- **Domestic and International Arbitration in Pakistan** – Pakistan Branch, May 2022
- **Workshop on CRCICA Dispute Board Rules** –
- Egypt Branch with The Cairo Regional Centre for International Commercial Arbitration, June 2022
- **Build Back Better: What it means for**
## – **surveying, commercial and legal matters**
North West Branch and the Chartered Institute of Civil Engineering Surveyors, February 2022
- **Dispute Resolution and the Path to Net**
- **Zero: How can you play your part?** –
London Branch with Ashurst LLP, June 2022
- –
- **Arbitration in Energy Sector Disputes**
- **Expert Witness: Arbitration in court** – Brazil
- Branch, March 2022
- Scottish Branch with the Centre for Energy, Petroleum and Mineral Law and Policy, June 2022
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Ciarb Annual Report 2022
- **Mediation and Arbitration in Life Sciences**
- **and FRAND Disputes** – Iberian Chapter, Europe Branch, June 2022
- **Investment Arbitration and Energy Projects**
- **in the UAE and Beyond** – UAE Branch, October 2022
- **Understanding the Contractual Provisions**
- **of the Dispute Board** – Trinidad and Tobago Chapter, Caribbean Branch, July 2022
- **Arbitration and Mediation: Never the twain**
- **shall meet?** – Singapore Branch, September 2022
- –
- **A Surgery on Arbitration and Adjudication**
- North West Branch, September 2022
- **Annual Adjudication Update** – East Anglia
- Branch, September 2022
- **Impactful Presentations Masterclass** – UAE
- Young Members Group, October 2022
- **International Arbitration Conference:**
- **Future frontiers** – Australia Branch with the Australian Centre for International Commercial Arbitration, November 2022
- **Arbitration at the Time of Sanctions** –
- Italian Chapter, Europe Branch, November 2022
## **Horizon scanning enables Ciarb to identify upcoming trends and issues in dispute resolution.**
We publish regular internal reports to highlight trends and issues across the world that may be appropriate for Ciarb to address on behalf of and for its members.
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Ciarb Annual Report 2022
“My Ciarb membership has proven to be an invaluable experience. I have been privileged to join a global network of Alternative Dispute Resolution (ADR) professionals, attend seminars and conferences, and gain insight from experienced practitioners. The Ciarb Membership helps me expand my network, sharpen my knowledge and skills, boost my professional profile, and make me an effective practitioner and leader in the field. These benefits have enabled me to become more confident in providing advice on international arbitration matters and advising clients. I strongly recommend Ciarb membership to those interested in furthering their arbitration practice.”
Dutsadee Dutsadeepanich MCIArb, partner of ABER Law Group (Bangkok, Thailand), Attorney at Law/ International Arbitrator
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Ciarb Annual Report 2022
“I have been a member of Ciarb for more than 20 years and a Fellow since 2008, joining the London Branch in 2016 when I moved from Paris. I am a practising member of the Paris Bar and a solicitor (Scotland) focusing on international commercial and investor-State arbitration and mediation, mainly in the construction, infrastructure, environmental and energy sectors. Serving on the London Branch Committee for three years, including as Vice Chair, has been a privilege and a wonderful opportunity to develop my network as a newcomer to London and to work more closely with Ciarb HQ. As a committee member, you have to be prepared to roll up your sleeves and play your part, actively participating in committee meetings, organising events, etc. The London Branch is a dynamic community of which I am proud to be part – a recent highlight was a joint event on technology in arbitration with the European Branch and the French Chapter.
Gillian Carmichael Lemaire FCIArb, Carmichael Lemaire Ltd Arbitrator and Mediator
Ciarb is one of the most active global professional bodies for dispute resolution and membership unlocks access to a wealth of opportunities to develop one’s career.
These include access to numerous
resources to further one’s knowledge about ADR (through the website, newsletters, conferences, webinars and much more); access to courses taught by leading professionals to become a qualified ADR professional and raise your profile; and access to a global community of likeminded dispute resolution professionals who are genuinely willing to support each other. I have benefitted immensely from these opportunities and have also built some lasting friendships along the way.
Arun Visweswaran ACIArb,
Senior Associate at Clifford Chance LLP Dubai office
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Ciarb Annual Report 2022
## Branch activities: North West Branch
120 delegates attended the **Manchester Lecture** , jointly organised by the Ciarb North West Branch and the Chartered Institution of Civil Engineering Surveyors (CICES).
The theme was ‘Build Back Better’ with emphasis on the use of advanced digital technology on the engineering/surveying side and better planning and co-operative working on the ‘claims prevention’ side. Topics included the geospatial use of technology to effect cost and value for clients and others; how building information modelling (BIM) and digital-related services and technologies inform and manage risk; and the National Underground Asset Register (NUAR).
Speakers included Chris Chambers, Paul Darling KC ACIArb, Lauren Holland, Mark Lawton ACIArb, Mark Wheeler MCIArb, May Winfield FCIArb, and Jonathan Wood FCIArb. At the event, Paul Jenson FCIArb, a well-known adjudicator and arbitrator, was presented with a framed certificate and letter of tribute from Lord Justice Coulson to mark Paul’s being appointed co-Patron, with Sir Rupert Jackson MCIArb, of Ciarb North West Branch.
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## **Strategic Aim 3: Develop and support an inclusive global community of diverse dispute resolvers**
By training, developing and connecting professionals from a range of diverse backgrounds and cultures, we ensure dispute resolution remains relevant to the clients it serves.
## **Ciarb’s global professional membership grew by 3%.**
Despite challenging global circumstances, Ciarb retained and grew its professional membership in 2022. We began the year with an active professional membership of 16,881 and ended it with 17,398. In total, we admitted 2,179 new professional members (1,119 Associates, 763 Members and 297 Fellows) and 1,364 Student members. We enforced the three-year validity for Student membership which meant that we finished 2022 with 6,710 Student members in total.
## **We launched a new Branch in Pakistan and paved the way for more Branches to open in 2023.**
May 2022 saw the launch of the new Ciarb Pakistan Branch – an important step forward for dispute resolution in the country. In the background, we have been working with members and other stakeholders to prepare for further new Branches. These include the Kingdom of Saudi Arabia, Oman, Peru and Rwanda.
## **To ensure Ciarb can move even more quickly to meet our members’ needs, we progressed governance reform.**
At Ciarb’s Annual General Meeting (AGM) and Extraordinary General Meeting (EGM) on 29 September 2022, members voted
overwhelmingly in support of plans to amend its Royal Charter and Bye-laws. The changes bring Ciarb’s governance in line with best practice, ensure the Institute keeps up to date with charity law, help it to continue to meet members’ needs and develop the criteria and process to introduce our new Chartered Adjudicator designation in 2024. The Privy Council and His Majesty King Charles III approved these changes in February 2023, making Ciarb the first and only professional body with the power to award Chartered Adjudicator (C.Adj) status.
Sub-committees of the Board:
## _**Audit and Risk Committee**_
This Committee met six times in 2022 and assisted the Board in its duty to supervise the direction of Ciarb’s approach to audit and risk management. This included monitoring the integrity of financial statements, internal control and risk management, compliance, whistleblowing and fraud and external and internal audits. It was instrumental in reviewing and recommending to the Board a number of new policies including the Operating Reserves Policy, Capital Expenditure Policy, Investment Policy and Sponsorship and Donations Policy. The Committee, supported by the Executive, delivered an internal audit on GDPR.
## _**Finance Committee**_
In 2022, the Finance Committee met twice and assisted the Board in relation to Ciarb’s financial affairs. This includes budgeting and financial performance, financial strategy, planning and policy, reporting and making recommendations to the Board of Trustees. It was instrumental in reviewing and recommending the 2023 budget to the Board for approval and provided approval in respect of the Investment and Sponsorship Policies.
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Ciarb Annual Report 2022
## _**Governance and Nominations Committee**_
This Committee was originally constituted to provide oversight of Ciarb’s governance arrangements in line with its governing documents and Charity Commission best practice, and to lead on the recruitment and selection of Trustees and Committee members. Whilst it was constituted in 2022, the Committee did not meet pending the outcome of the Governance Reform.
Since creating this sub-committee a decision was taken to split the responsibilities between a Nominations Committee and a Governance Committee to provide a fairer distribution of work. This also enables Trustees to facilitate more effective governance and clearer lines of delegation, supporting them to effectively discharge their fiduciary duties.
## **Ciarb launched its new brand proposition after extensive consultation.**
To position Ciarb in a modern, consistent and impactful way, we started work to update our branding in 2021. Listening to members and key stakeholders from across the organisation and Branches, we finalised this work in 2022 and started to implement our new brand proposition. We now have a logo and tone of voice that better reflects what we do and why we do it, and that resonates with our members.
## **Ciarb improved and extended its reach through our various communications channels.**
We continuously seek to improve how we communicate and engage with our members, prospective members and other audiences. Digital marketing continues to be our core means of communication as we look to provide relevant, timely content.
In 2022 we grew our social media presence and set up a proactive content and communications function.
## _**Social media**_
Our social media following increased to over 97,000, an increase of 21% on the previous year. We continue to develop our social media presence by testing our messaging, targeting and timing of posts.
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24%
increase
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## **LinkedIn**
2022: 76,000 vs 2021: 61,000
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22%
increase
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## **Instagram**
2022: 2,200 vs 2021: 1,800
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18%
increase
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## **YouTube**
18% increase in views. 29,600 views, 30% increase in subscribers, 51 videos uploaded, 2,540 hours of watch time
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6%
increase
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## **Facebook**
2022: 8,800 vs 2021: 8,300
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5%
increase
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## **Twitter**
2022: 10,000 vs 2021: 9,500
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Ciarb Annual Report 2022
## _**Website**_
The number of users overall and the number of new users increased by 4% each.
## _**Email campaigns**_
Email continues to be the primary route of communication with our members. Through 2022, we segmented and and split test our email campaigns to improve relevance and performance.
between the different grades and where members are in their dispute resolution career journeys. This provides the foundation for enhancing Ciarb’s existing offer and developing new ideas to increase the value of membership during 2023 and beyond.
## **By providing regional support we have strengthened relationships, identified and progressed cross-Branch opportunities, and shared insights.**
## _**Content marketing**_
By publishing relevant content for our members and audiences outside our membership, we help raise awareness and grow understanding of dispute resolution. In 2022, we set up our content and communications function and developed our content strategy for full implementation in 2023. Our aim is to deliver content that is clearly aligned to Ciarb’s strategic aims and that reflects the diverse nature of our membership and dispute resolution generally.
## **We developed deeper insight into our membership, enabling us to better meet our members’ needs.**
Ciarb improved its capability to analyse membership data and other sources of information. This enhanced our understanding of members and sharpened our focus on their needs. We completed survey research to understand our members’ goals and challenges and developed a member offer (value proposition) framework based on that insight.
The framework identifies four pillars of the member offer (trains, guides, connects and enables), and differentiates more clearly
The Americas Branches collaborated to deliver the first Ciarb Americas Conference. They were assisted by Ciarb’s first Regional Relationship Manager based in the Americas. The conference provided opportunities for members from 26 countries to network with each other and with representatives from 12 dispute resolution provider organisations.
## **Providing robust, consistent, and highquality training is essential to building global dispute resolution capacity. In 2022 we delivered training to over 4,700 people.**
Ciarb provided virtual and in-person training in arbitration, mediation and adjudication, and centralised online assessment throughout 2022. Over 4,700 people completed Ciarb training either through HQ (London), Branches, or through Ciarb’s partners.
Over 4,000 people took Ciarb centralised assessments leading to Ciarb membership.
The most popular course was, once again, Module 1 International Arbitration, with 210 people enrolled at HQ (London) in 2022.
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Ciarb Annual Report 2022
## Branch activities: Egypt and Qatar Branches
120 participants from 28 countries attended the webinar on: **Insights into the Qatari and Egyptian Arbitration Laws** . This webinar was jointly organised by the Ciarb Qatar Branch, Ciarb UAE Branch and the Cairo Regional Centre for International Commercial Arbitration “CRCICA” (the seat of the Branch).
The speakers focused on the main aspects of Egyptian and Qatari arbitration laws, and the issues and questions arising out of their implementation.
The webinar was conducted in the Arabic language with simultaneous translation into the English language.
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_‘The course content is rich and value adding, has expanded my horizon on ADR generally and given me further and deeper insights into the plethora of opportunities arbitration specifically presents! I am just revving to go!!!’_
A Module 1 International Arbitration delegate
There was increased interest in the Accelerated Routes programmes in International Arbitration.
_‘The course is all encompassing with insightful materials that are globally recognised. The trainers are experienced and qualified, and I almost felt ready to start my arbitration practice the next day.’_
_‘Ciarb remains a top training institution, with top trainers and a fellowship programme worth investing your time and money [in]. You always learn new things and the atmosphere is caring and cooperative.’_ From Accelerated Routes programme delegates
Ciarb continued to establish its reputation in the field of maritime arbitration, through the Virtual Diploma in International Maritime Arbitration.
_‘The course was insightful and has really helped to shape my professional career path. I would highly recommend it to colleagues.’_
A Virtual Diploma in International Maritime Arbitration delegate
Over 100 participants qualified as Ciarb Accredited Mediators in 2022 following successful completion of Module 1 Mediation Training and Assessment, delivered by HQ and Branches.
_‘It has been a life changing experience for me. The tutors were of exceptional quality in their presentation, and they have imparted skills which have made me better understand myself not only on a professional level but also on a social level. I can use the skills learned in everyday life situations. Bravo to the tutors.’_
_‘The course has provided me with useful mediation techniques and improved my confidence and professionalism in mediation.’_
From Module 1 Mediation Training and Assessment delegates
Customer satisfaction scores were between ‘good’ and ‘excellent’ for virtual courses delivered by HQ (London).
**Quality improvement is a priority for us. By reviewing and improving our training we ensure we continue to deliver highquality, robust training for dispute resolution professionals globally.**
Working with a group of subject matter experts, we have identified improvements to the award writing assessment standards and process. The recommendations from the expert working group have been approved and the relevant quality improvements will be implemented for assessments run in 2023.
**We work with our Branches and external partners to enable access to Ciarb training across the world.**
## _**Training through Ciarb Branches**_
Our Branches delivered 98 courses in 2022, a 2% increase on the previous two years. The courses were delivered virtually or face-toface and catered for all membership levels from Associate to Fellow.
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Ciarb Annual Report 2022
Following consultation with Branches, we updated our Ciarb Approved Faculty List. This supports the effective planning and delivery of training through our Branches. .
Ciarb HQ supports newly formed Branches to deliver courses as well as Branches that are returning to course delivery. For example:
- Pakistan Branch, formed May 2022,
- delivered Module 1 Mediation Training and Assessment.
- Canada Branch ran the Introduction to
- International Arbitration course.
- The Scottish Branch delivered the
- Introduction to ADR course.
## _**Working with training partners**_
By collaborating with training partners, Ciarb extends the reach of our training worldwide. In 2022, 285 participants enrolled onto Module 1, 2 and 3 International Arbitration courses through the Saudi Centre for Commercial Arbitration (SCCA). A new training agreement with SCCA aimed at enhancing member conversion from training came into effect from January 2023.
## **Ciarb launched the Ongoing Learning programme to support members’ continuous professional learning.**
The Ongoing Learning programme comprises webinars, on-demand courses and workshops delivered online and in different timezones to ensure accessibility. We delivered 11 webinars with an average attendance of 38, a workshop on advocacy skills in arbitration (later adapted for delivery by the Brazil Branch), and an e-learning course on project management skills and techniques.
## **Ciarb piloted and evaluated a mentoring programme in readiness for full launch in 2023.**
Late in 2021 Ciarb partnered with Mentorloop to pilot an online mentoring programme. 313 members participated in the pilot – 73 mentors, 170 mentees and 70 who registered for both roles. The pilot was evaluated using data and information collected through the platform in the November and the programme is being redesigned for a full launch in 2023.
## The Young Members Group (YMG)
We signed a new training agreement with the Oman Arbitration Centre (OAC) which has led to the first cohort of 26 delegates starting Module 1 International Arbitration training in January 2023.
Ciarb-IFLA training (Institute of Family Law Arbitrators) was held virtually twice in 2022.
We started a review of our Recognised Course Providers (RCP) scheme in 2022 and are on track to finalise the new RCP criteria and process in 2023.
successfully held their Global Conference in November 2022 and has raised the profile of young dispute resolvers around the globe through a vast number of webinars and events. The YMG co-ordinates conferences, events and other activities for Young Members worldwide in line with Ciarb’s
strategy and guidance provided by the Board of Trustees, Director General and/or Executive Lead. In 2022, they also ran:
- **The Parents in Arbitration** webinar in
September 2022, for which Global Arbitration Review (GAR) published a report.
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- An in-person event to introduce Ciarb to
- the students of the Ho Chi Minh City University of Law in November 2022.
- A webinar entitled **So, Now You are an**
- **Arbitrator: The arbitrator’s toolkit, Meet the authors** in December 2022.
## **Ciarb collaborated with the Expert Witness Institute (EWI) to bring training opportunities to both organisations’ members.**
Expert witnesses are an important part of Ciarb’s membership and the global dispute resolution community. Many become practising neutrals and this agreement enables Ciarb to support and develop their skills through training.
## **To support members to get work, Ciarb provided additional training opportunities and expanded our capacity as an appointing body.**
Ciarb supports its members to get work in three main ways:
1. By training and equipping members with the right knowledge and skills.
2. Through its role as an appointing body.
3. Enabling members to raise their profile in the global dispute resolution community through volunteering and networking opportunities provided by Ciarb.
In 2022, we:
- Delivered the **How to Get your First**
## **Arbitrator Appointment** webinar as part
of our Ongoing Learning series, and to a record number of attendees.
– Delivered the **Growing your own Dispute Resolution Practice** webinar as part of our Ongoing Learning series.
- Developed the Coronavirus Commercial
- Rent Debt Arbitration Scheme.
- Celebrated our first anniversary as the
- sole arbitration provider for the Pubs Code Adjudicator.
- Provided dedicated sessions on how to gain
- a first appointment at **Ciarb Congress 2022**
- Provided training, support and appointment
- services through a number of Branches across the world.
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This is a world-class course with distinguished faculty. What sets this course apart from any other academic course [are] the practical insights that the faculty (as arbitration practitioners) share with the participants.
A Diploma in International Commercial Arbitration delegate
Participation in Ciarb’s Introduction to International Arbitration provides awareness and clarity in the arbitration procedures and resulted in great improvement in the implementation of my work. I would advise all of my colleagues to participate and gain the benefits.
An Introduction to International Arbitration delegate
The information provided was comprehensive... and I would go as far as saying went above and beyond the expectations coming in to taking the course. Thanks to the tutor for a very informative two days and for taking the time out to enthusiastically encourage the role of the adjudicator.
## An Introduction to Construction Adjudication delegate
Excellent faculty and very relevant and comprehensive course content. This course has enhanced my professional skills in award writing. Thanks Ciarb! A Module 3 International Arbitration delegate
This course is a definite must for anyone (legal/non-legal) who is seeking to break ground in the world of international commercial arbitrations as [it] merges theory and practice in an easily understandable format.
A Diploma in International Commercial Arbitration delegate
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## The Young Members Group UAE Branch
**The Young Members Group UAE Branch** held a lively series of debates as part of Dubai Arbitration Week.
The debates focused on pressing industry topics:
- **Debate 1:**
All model arbitration clauses should mandate mediation before arbitration.
## – **Debate 2:**
AI should replace human arbitrators for disputes below a certain monetary threshold.
- **Debate 3:**
Diversity is only paid lip service in arbitral appointments.
- **Debate 4:**
Green arbitration protocols should be given the force of law.
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## **Essential operational support**
How we deliver our work is critical to ensure we achieve our aims. This section of the report covers the progress made in developing Ciarb to serve our members today and in the future.
## **Information Technology**
This year, we continued the 3-year improvement programme known as the IT roadmap, which was approved by the Board of Trustees in 2021. In 2022, we:
- Delivered Ciarb’s Intranet, facilitating staff
- communication and collaboration.
- Piloted the use of extranets to enable better
- communication and information sharing with our Branches. We aim to extend this facility to all Branches in 2023, and to enable access to Office365 email accounts.
- Embedded our Project Management
- Office (PMO) to support and report on progress of key projects and programmes. We identified five key programmes to support: Member Experience and Offer; Education and Training Reform; IT Roadmap Solutions; Finance Solutions; and Ways of Working. Each programme comprises a number of projects and is reported on quarterly to the Board of Trustees.
- Improved our security by upgrading our
- firewall, updating our policies, and rolling out multi-factor authentication. We also continued our move from hardware-based storage to cloud-based secure technology.
- Set up a full back-up and recovery
- regiment, supporting our business continuity.
- Expanded our Data Warehouse to support
- Ciarb with its management information needs.
- Progressed our IT Roadmap programme.
- In particular, Ciarb’s Customer Relationship Management (CRM) system and new website are due for full delivery in 2023. We are also reviewing our Learning Management, Finance and HR systems.
- Implemented a new payment platform
- for our renewals process, delivering a more personalised, secure and integrated service.
## **12BSQ and facilities**
2022 saw a gradual return to face-to-face meetings, training and events. This had a positive effect on our room hire business, with bookings reaching approximately 50% of preCovid levels. The return to office use by staff and room hire clients has meant an increase in operating expenses.
Work to install a new elevator in 12BSQ was completed, ensuring improved access for all our visitors.
## **People**
## _**Flexible working**_
We recognise the growing need for flexibility in the workplace, not only to support existing members of staff but also to attract new employees to Ciarb. To enable flexibility, we:
- Offer a range of flexible working patterns,
- where possible, to assist with work/life balance.
- Operate a flexitime scheme that allows staff
- to alter their start and finish times and take hours back that they have accrued.
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- Offer hybrid working for staff, giving them
- more choice over deciding how, when and where they work best in a way that balances the needs of Ciarb, the team and themselves.
- Subscribed to the Happy to Talk Flexible
- Working scheme and decided to move to an assumption of flexible working options by default (unless there is a business reason not to). Hiring managers are encouraged to consider, before recruitment, the kind of flexibility that would work in the role, and we now promote that we are ‘happy to talk flexible working’ when we advertise a role.
## _**Benefits and employee wellbeing**_
Ciarb’s staff are the cornerstone of all we do. We regularly review the support and benefits we provide to ensure they meet our people’s needs. In 2022, we:
- Approved a 6-month trial of ‘My Free Time’.
- This gives all employees the option to take a day off each month (pro-rata) without losing any pay or using annual leave.
- Reviewed our UK benefits and chose, as
- a result, a new private medical insurance provider (Vitality Health UK) which was well received. As well as offering medical health cover, Vitality also provides a healthy living programme to help staff to understand their health and get rewarded for becoming healthier.
- Continued to provide an Employee
- Assistance Programme for staff which provides expert advice and compassionate guidance 24/7.
- Ran a programme of wellbeing events
- and activities, both in-person and virtual, organised by our Wellness Warriors group. We also continued our monthly Wellbeing Newsletter which offers guidance and further free resources.
## _**Staff engagement**_
We partnered with an external survey provider to deliver an independent and confidential employee engagement survey. The aim was to give staff an opportunity to provide open and honest feedback to help inform our people strategy.
We created a new Staff Forum comprising employee representatives. This group will act as a working group to reflect and represent staff views and ideas in our decision-making.
## _**Collaborative working**_
After successfully introducing Insight Discovery personality profiling (using psychometric tests) for the senior leadership team, we rolled this programme out across the organisation. It is now embedded in our induction process. Staff attended teambuilding workshops (in-person or virtual) to encourage self-reflection, collaboration and understanding of others.
## _**Global staff**_
- Supported staff with wellbeing initiatives. In
- addition to our Mental Health First Aiders, we also trained four members of staff to become Suicide First Aiders. Having staff trained in mental health and suicide First Aid helps to create a supportive workplace in which staff feel able to seek help and support.
We expanded our global presence by hiring in different regions of the world, welcoming new staff members in Malaysia, Israel, and Ireland. We also expanded the benefits we offer to overseas employees, providing an international Employee Assistance Programme and international Perkbox.
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Ciarb Annual Report 2022
## _**Apprenticeship programme**_
With our apprentices in Information Technology and Finance due to qualify in 2023, we continue to offer this exciting programme. Hiring an apprentice is a rewarding, productive and effective way to grow talent and develop a motivated, skilled and qualified workforce. It also allows us to tailor training according to our organisational needs.
## _**Policies and procedures**_
We continued to review and improve our people policies and Staff Handbook. These are essential to promote a positive working culture, where we provide the best possible support, guidance and best practice.
## _**Learning and development**_
Working with managers, we identified training needs and produced a detailed summary to inform the 2023 training plan and budget. We continue to invest in our employees’ learning, training and development.
## _**Investors in People**_
We retained our investors in People status, recognising commitment to our people.
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Ciarb Annual Report 2022
## Branch activities: Egypt Branch
16 mentees completed the first cycle of the **Ciarb Egypt Branch Mentoring Programme** in March 2022. The second cycle began in May 2022.
The first cycle included four mentoring groups, each composed of four mentees guided by an expert mentor and active mentor supporter.
The groups undertook a number of interesting activities including a session on the conduct of meetings and mock cases at the CRCICA premises.
One of the mentees said, “I have learned and seen some valuable and practical insights of the arbitration process that would have been very hard (nearly impossible) to encounter on my own (through my academic studies).”
This is the first mentoring programme initiated by a Ciarb Branch in the region and is exclusively for Ciarb Young Members.
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Ciarb Annual Report 2022
I have been a member of the Chartered institute of Arbitrators since 2016 and I am currently a Fellow. Since joining the Institute in 2016, I have not only gained knowledge of matters relating to ADR, I have been provided opportunities to learn, network and build a profile in ADR globally. The benefits of Ciarb membership are vast and take many different shapes. If I had to pinpoint one thing that stands above the rest, it is the fact that my membership has provided me with many opportunities, many of which led to me to growth both professionally and personally.
Ronald Pang FCIArb, Pantheon Chambers, Barrister
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Ciarb Annual Report 2022
I was inducted as a Fellow of the Chartered Institute in 2011, after completing the Diploma in International Commercial Arbitration Program held at Oxford University.
I knew little about Ciarb before a colleague insisted that I would be daft were I not to engage with the organization. On his word, I became a member and participated in an Accelerated Route to Fellowship (ARF): an intense learning experience that I shall not soon forget. My surprise at having passed the written evaluation was only exceeded by the seemingly instantaneous uptick in demand for my arbitral services after first appending FCIArb to my name. This engagement with Ciarb enabled my arbitration practice to become a practice mainstay, as it opened the door to ongoing engagement with Ciarb and its worthy mission.
Since then, I have relied on Ciarb to help guide my career development, most recently completing Ciarb’s Virtual Diploma in International Maritime Arbitration. With this background, I’ve been appointed to numerous ADR provider organization panels – the most recent being in Singapore. My Ciarb credentials have also opened up ADR consulting opportunities in West Africa.
Jaya Sharma FCIArb Dipl. Int’l. Comm.Arb, Sharma Mediation & Arbitration
Gary Birnberg FCIArb, Arbitrator/Mediator, JAMS
I was introduced to Ciarb in 1994 by the former arbitration judge in the High Court in Hong Kong and a former President of the Institute, Neil Kaplan. Since then I founded my local Branch, became part of the approved faculty, trained others internationally as course director and went on to serve as President.
Jeffrey Elkinson C.Arb FCIArb, Barrister and Attorney, Conyers
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## Branch activities: East Asia Branch
More than 100 delegates gathered to hear Dr David Fong FCIArb, Chair of **Ciarb East Asia Branch** , speak about **Lessons from Successful Challenges to Arbitral Awards in Hong Kong** .
ICCYAAF, Chen & Chang, Attorneys-at-Law, the Taiwan Bar Association Mediation and ADR Committee, and the Taipei Bar Association Cross-Border Transaction and Dispute Resolution Committee co-hosted the event with Ciarb Taipei and Taiwan Chapter.
Dr Fong presented the Hong Kong Arbitration Ordinance and its background. He then focused on Article 34(2) of the UNCITRAL Model Law on international commercial arbitration cases as grounds for setting aside arbitral awards, before moving on to enumerate 23 cases of revocation and non-enforcement of arbitral awards in Hong Kong, providing the background information as well as the rationale behind the court decision. He concluded by citing three key cases in Hong Kong.
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Ciarb Annual Report 2022
Section four
Governance
**Officers and Senior Managers of Ciarb**
## **Trustees**
## **Africa Region**
- Dr David Kariuki Muigua Ph.D LLM LLB (Hons)
- Nrb; Dip. Law (K.S.L) FCPS (k) C.Arb FCIArb,
- until 31 December 2022
## **President**
Jane Gunn FCIArb (2022),
Non-Voting Member of Board of Trustees (ex officio)
- Chikwendu Madumere FCIArb,
- from 1 January 2023
## **Deputy President**
John S. Bassie JP LLM C.Arb FCIArb (2022)
## **Americas Region**
Amb. (r) David Huebner C.Arb FCIArb (Honorary Treasurer)
## **Director General**
Catherine Dixon LLB (Hons) MBA MCIArb, Solicitor
## **Australasia Region**
Caroline Kenny KC C.Arb FCIArb
## **East Asia Region**
## **Principal and Registered Office**
12 Bloomsbury Square, London, WC1A 2LP, United Kingdom
Paul Barrett, East Asia LLB (Hons) C.Arb FCIArb
## **Banker**
## **Europe Region**
Dr Theophile Margellos MCIArb, from 1 January 2021
HSBC Bank plc, 165 Fleet Street, London, EC4A 2DY
## **Solicitors**
## **Great Britain Region**
- Jonathan Wood LLB (Hons) FCIArb, Solicitor
Bircham Dyson Bell LLP, 50 Broadway, London, SW1H 0BL
- (Chair), until 31 December 2022
- Lucy Greenwood C.Arb FCIArb
- Andrew Miller KC FCIArb
- Marion Smith KC FCIArb
## **Auditor**
Moore Kingston Smith LLP, 9 Appold Street, London, EC2A 2AP
- Richard Barnes FCIArb,
- resigned 8 February 2022
- Ben Giaretta FCIArb,
- from 1 January 2023
## **Investment Managers**
Newton Investment Management BNY Mellon Centre, 160 Queen Victoria Street, London, EC4V 4LA
## **Ireland Region**
Arran Dowling-Hussey B.A. M.Econ.Sc.LL.M. FCIArb, Barrister
Ruffer LLP 80 Victoria Street, London, SW1E 5JL
## **Middle East/Indian Sub-continent Region**
Prof. Dr Mohamed Abdel Wahab C.Arb FCIArb
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Ciarb Annual Report 2022
## **Structure, governance and management**
Ciarb is a registered charity in England and Wales, registration number 803725. It was formed in 1915, incorporated on 8 April 1923, and granted a Royal Charter on 6 February 1979. It became a charitable body on 19 July 1990. A revised Royal Charter and Bye-laws were approved by members at an Extraordinary General Meeting on 29 September 2022 and became fully effective on 15 February 2023. Ciarb as a registered charity is managed by a Board of Trustees constituted in accordance with the Royal Charter and Bye-laws and in accordance with Regulations approved by the Board of Trustees. Membership of the Board of Trustees is by regional elections.
The Board of Trustees is elected by the members of Ciarb and normally numbers not more than fourteen members of Ciarb. In 2022, the Board had four representatives from the members living in the ‘Great Britain’ region and seven representatives from the members living in each of the following regions of the world: Africa, Americas, Australasia, Europe (excluding Ireland and Great Britain as defined), East Asia, Ireland (both Northern Ireland and the Republic of Ireland) and the Middle East/Indian sub-continent.
Membership of the Board of Trustees is restricted to Fellows and Members of Ciarb. The term of office of a Trustee is four years and no Trustee may serve for more than two successive terms. Half of the elected Trustees retire by rotation every two years but may offer themselves for re-election provided that if they were re-elected they would not serve as a Trustee for more than eight continuous years. Any Trustee who has served for eight consecutive years may not offer themselves for re-election until at least two years have elapsed from the expiry of their last term of office. The President is a non-voting ex officio member of the Board of Trustees.
Elections to the Board of Trustees are managed by the Executive. Successful candidates assume office on 1 January in the year following their election. All new Trustees participate in an induction and onboarding process to inform them of the operations of Ciarb and their specific fiduciary responsibilities as Trustees of a charitable body. The elected members of the Board of Trustees elect one of their own number, on an annual basis, to act as Chair of the Board of Trustees.
Trustees receive training on relevant matters that might arise from changes within the Charities Commission and other requests from the Trustees or its committees.
In 2022, the Board of Trustees met four times, twice virtually and twice in person at Ciarb Headquarters, 12 Bloomsbury Square, London.
All the powers and the strategic policies of Ciarb are vested in the Board of Trustees. The management and control of all its affairs is exercised by it, except insofar as such management or control is required to be exercised by the members of Ciarb in General Meeting or at a Congress, or if the Board of Trustees is of the opinion that any of its functions, duties and/or responsibilities could be more efficiently carried out by subcommittees of the Board and/or the Director General. It may delegate that function, duty and/or responsibility, accordingly, provided that:
a. any such delegation is in accordance with the provisions of the Bye-laws, and
b. nothing shall be taken to permit the Board of Trustees to abrogate its functions, duties and/or responsibilities or any of its trusts.
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Ciarb Annual Report 2022
The individual Trustees are not entitled to receive any remuneration for the performance of any duties or services or for the provision of their services as Trustees, save only for the payment of expenses properly incurred.
The Board of Trustees has the power to make, amend or revoke such Regulations and rules as it considers necessary for the governance and the efficient management of Ciarb, provided that any such Regulations or rules are consistent with the articles of the Charter and the Bye-laws.
In November 2021, as part of the governance reform, the Board of Trustees decided that the Board of Management will be disbanded, and its functions delegated to the three subcommittees of the Board of Trustees namely, the Finance Committee, Governance and Nominations Committee (now split into the Governance Committee and Nominations Committee) and an Audit and Risk
Committee. These new and re-constituted sub-committees were created, fully recruited to and operational in 2022.
The operational management of Ciarb is delegated to the Director General who leads the Executive and Senior Management team, and whose role is that of Chief Executive. The remuneration of the Director General is set annually each year by the Chair of the Board of Trustees and the Honorary Treasurer. When setting the remuneration of the other members of the Executive during the preparation of the annual budget for approval by the Board of Trustees, the Director General, the Director of Finance, and the General Counsel consult salary surveys provided by recruitment companies to ensure we offer salaries which are competitive to retain and/or recruit good quality staff.
Ciarb has 42 Branches globally. Branches are run by volunteer Branch committees which are elected by Branch members. Some Branches have also established local Chapters to enable more members to get involved locally. Branch assets mainly consist of cash deposited with banks.
The Board of Trustees has the power to establish, maintain and/or close Branches to benefit from members’ knowledge of the area in which they practise and to improve contact with potential users of private dispute resolution processes. Details of Branch results are shown in note 20 to the accompanying financial statements. There are some jurisdictions where it is either required or beneficial for a Branch to be incorporated. These incorporated Branches appear in the Consolidated Balance Sheet but do not appear in the Parent Undertaking Balance Sheet.
In addition to the incorporated Branches Ciarb has, for reasons of governance or financial efficiency, four wholly-owned subsidiaries:
- 12 Bloomsbury Square Limited: to provide
- facilities for dispute resolution hearings, conferences, training and other events.
- Arbitration Services Limited: to collect
- sponsorship income for Ciarb events.
- City Disputes Panel Limited: to supply
- conflict resolution solutions targeted to the City of London financial services industry (now dormant).
- Independent Dispute Resolution Services:
- to provide services for the avoidance, management and/or resolution of complaints and disputes (now dormant).
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Ciarb Annual Report 2022
**----- Start of picture text -----**
Ciarb (parent/registered charity)
Subsidaries
IDRS
(Dormant)
Arbitration
CDP
Ser vi ces (Dormant)
Ltd
Branches
Unincorporated Incorporated
UK International Australia
Bahamas
Canada
Caribbean
India
Malaysia
East Anglia Bahrain New York
East Midlands Bermuda
North America
London Brazil Pakistan
North East Channel Islands
Qatar
North West Cyprus Singapore
Scottish East Asia
South East Egypt
Southern Europe
Thames Valley Ireland
Wales Kenya
Western Counties Lebanon
West Midlands Mauritius
Nigeria
South Africa
Sri Lanka
Thailand
UAE
Zambia
Zimbabwe
**----- End of picture text -----**
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Ciarb Annual Report 2022
## **Statement of Trustees’ responsibilities**
The Trustees are responsible for preparing the Trustees’ Annual Report and the financial statements in accordance with applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice).
The law applicable to charities in England & Wales requires the Trustees to prepare financial statements for each financial year which give a true and fair view of the situation of the charity and of the incoming resources and application of resources of the charity for that period. In preparing these financial statements, the Trustees are required to:
## **a. select suitable accounting policies and then apply them consistently;**
- **b. observe the methods and principles in the Charities SORP;**
- **c. make judgments and estimates that are reasonable and prudent;**
- **d. state whether applicable accounting standards have been followed, subject to any material departures disclosed and explained in the financial statements;**
- **e. prepare the financial statements on the going concern basis unless it is inappropriate to presume that the charity will continue in business.**
The Trustees are responsible for keeping proper accounting records that disclose with reasonable accuracy at any time the financial position of the charity and enable them to ensure that the financial statements comply with the Charities Act 2011, the Charity (Accounts and Reports) Regulations 2008 and the provisions of the Royal Charter and Bye-laws. The Board are also responsible for safeguarding the assets of the charity and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities.
The Board of Trustees is responsible for the maintenance and integrity of the charity and financial information included on the charity’s website. Legislation in the United Kingdom governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions.
The Board of Trustees has overall responsibility for ensuring that Ciarb has an appropriate system of controls, financial and otherwise, which will provide reasonable assurance that:
- a. Ciarb is operating efficiently and effectively;
- b. its assets are safeguarded against unauthorised use or disposition;
- c. proper records are maintained and the financial information used within Ciarb is reliable;
- d. Ciarb complies with relevant laws and regulations.
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Ciarb Annual Report 2022
**Governance attendance**
## **Attendance at Board of Trustees meetings in 2022**
Meetings held on 8 February, 8 & 9 June, 8 September and 9 & 10 November.
|Name|Region|Attendance|
|---|---|---|
|Jonathan Wood FCIArb (Chair)|Great Britain|4/4|
|Marion Smith KC FCIArb (Vice Chair)|Great Britain|4/4|
|Lucy Greenwood C.Arb FCIArb|Great Britain|3/4|
|Andrew Miller KC FCIArb|Great Britain|4/4|
|Dr David Kariuki Muigua C.Arb FCIArb|Africa|4/4|
|Amb. (r.) David Huebner C.Arb FCIArb
(Honorary Treasurer) Americas|Americas|4/4|
|Caroline Kenny KC C.Arb FCIArb|Australasia|4/4|
|Dr Theophile Margellos MCIArb|Europe|4/4|
|Paul Barrett C.Arb FCIArb|East Asia|4/4|
|Prof. Dr Mohamed Abdel Wahab C.Arb FCIArb|Middle East/
Indian Sub-Continent|3/4|
|Arran Dowling-Hussey FCIArb|Ireland|4/4|
|Jane Gunn FCIArb|Ex Offcio (President)|3/4|
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Ciarb Annual Report 2022
**Attendance at Sub-committee meetings in 2022**
## _Audit and Risk Committee_
|||
|---|---|
|Name|Attendance|
|Amb. (r) David Huebner C.Arb FCIArb (Chair) (Trustee)|6/6|
|Arran Dowling-Hussey FCIArb (Trustee)|1/1|
|Julien Haye (Appointed)|3/5|
|Charles Lazarevic (Appointed)|6/6|
|Louise McKay (Appointed)|5/5|
|Andrew Miller KC FCIArb (Trustee)|5/6|
## _Finance Committee_
|||
|---|---|
|Name|Attendance|
|Paul Barrett C.Arb FCIArb (Chair) (Trustee)|2/2|
|Nicholas Crapp (Appointed)|2/2|
|Peace Joseph (Appointed)|2/2|
|Maya Marcos-O’Brien (Appointed)|1/2|
|Jonathan Wood FCIArb (Trustee)|2/2|
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Ciarb Annual Report 2022
## **Principal risks identification and management**
The risks to which Ciarb is exposed are monitored on a regular basis by the Executive, with the appropriate action taken to mitigate. Ciarb has an internal auditor which undertakes several audits in year based on identified risk. This is reported to the Audit and Risk Committee, which in turn reports to the Board which has ultimate responsibility for managing risk. The principal risks, uncertainties and safeguards include:
- Risk or uncertainty Safeguard or mitigation –
- **IT infrastructure and controls** Implement effective IT systems, standards, Risk of complete or partial training and governance. –
- loss of systems, services, data, Maintain Cyber Security accreditation(s) and information or cyber integrity undertake regular testing. – Continue transparent management and
- reporting. – Continuous improvement of Business
- Continuity Plans. – Improve data quality and management.
-
- **Health and safety** Regular independent reviews by subject experts **management** and action as needed. –
- Risk from failure to be Embed H&S best practice, policies and training. –
- compliant, have proper Adjust office practices for flexible working (post
- policies, practices or working Covid-19). –
- environment Ongoing budgeted maintenance and support cycle.
- Regular testing of H&S systems and sub-systems.
## **People**
Risk from failure to attract, mobilise, retain the right talent and skills, and/or to embed a diverse and inclusive workforce
- Continue staff and leadership development
- programmes.
- Maintain regular all staff meetings and events.
- – Continue well-being programmes and initiatives.
- – Continue flexible working policy and initiatives.
- Regular review and update of policies.
- Embed Ciarb values and behaviours.
- Maintain Investors in People accreditation.
- Continue development of and engagement with
- the Staff Forum.
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Safeguard or mitigation
## Risk or uncertainty
## **Member experience and service**
Risk of loss of income due to failure to deliver good member experience and service
- Further develop Ciarb’s member offer.
- – Maintain regular communication with internal
- and external stakeholders.
- Continue business development planning.
- – Implement the Competence Frameworks and
- Education Reform. – Continuously improve renewals and payment
- processes.
## **Education**
Risk from failure to retain relevance, quality and/or growth in training and qualifications
- Continue implementation of the Competence
- Frameworks and Education Reform. – Undertake market research to inform product
- development. – Maintain and build on quality assurance.
- – Support and develop global faculty.
- – Ensure quality assurance for Chartered
- designations.
## **Strategy implementation**
-
- **Strategy implementation** Report progress against annual plan, including Risk from failure to implement financial forecasting, performance and risk
- the strategy management. – Continuous improvement of communication to
- Branches and members. – Identify and address skills gaps, providing
- management training as needed. – Improve IT systems and manage performance vs
- budget. – Maintain and improve project management
- approach and reporting. – Continuously improve reporting and monitoring.
- – Undertake surveys on member satisfaction.
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|Risk or uncertainty|Safeguard or mitigation|
|---|---|
|||
|**Relationships with external**
**stakeholders**
Risk to brand reputation by
not building and maintaining
relationships|– Continue to develop closer working with
Institutions and panels.
– Maintain horizon-scanning.
– Fulfl Ciarb’s role as secretariat to the All-Party
Parliamentary Group for Alternative Dispute
Resolution (APPG ADR).
– Continue to respond to key Government
consultations.
– Fulfl Ciarb’s observer status at UNCITRAL
Working Groups II and III.
– Maintain memberships of key organisations/
groups, adding to these as necessary.|
|**Finance**
Risk of loss of revenue through
poor investment, compliance
and controls, and/or through
sanctions or penalties|– Maintain and, where necessary, improve multiple
controls to administer, process and report
fnancial transactions.
– Ensure appropriate insurance policies are in place.
– Regular review of performance vs budget
to enable necessary adjustments and ensure
improved quarterly forecasting.
– Maintain and regularly review controls for
delegation of authority including fnancial
approval levels.
– Embed cash-fow forecasting to all reporting
with careful treasury management including an
operational reserves policy.
– Maintain appropriate levels of control and support
over our Branch network’s fnancial management.|
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Ciarb Annual Report 2022
Risk or uncertainty
## Safeguard or mitigation
## **Legal, Compliance and**
## **Regulatory**
Risk from failure to mitigate legal risk or to comply with legal and regulatory requirements
- Implement compliance audits and policy
- updates, adding new policies as necessary.
- Ensure mandatory internal training is delivered
- and completed.
- Regular monitoring by the Audit and Risk
- Committee.
- Complete statutory audit under the Charities
- Act 2011 for compliance with financial and other legal and regulatory requirements.
## **Governance**
Risk from lack of skills and expertise to enable the Board to be fully effective and/or non-compliance with Charity Commission guidelines and/or a poor constitution
- Recruit relevant skills onto the Board.
- Provide guidance on governance and best
- practice.
- Ensure Regulations, Branch Model Rules and
- other Governance documents are in line with best practice.
- Continue to induct new Trustees, Branch Chairs,
- Committee members and Treasurers. – Implement governance reforms.
As a result of geopolitical volatility, there is an increased risk of cyber-attack which will be treated as an ongoing risk and monitored separately and reported to the Audit and Risk Committee and Board of Trustees as appropriate.
In light of cost of living and inflationary pressures, we are closely monitoring course registrations and member attrition, including keeping any price increases to member subscriptions as low as possible. We are mindful of the impact of cost of living increases on staff and have benchmarked and, where appropriate, adjusted staff pay. We are reviewing the Branch budgeting process to ensure Branches are financially supported and incentivised to train and support members locally.
## **Investments**
Ciarb’s investments are managed with the objective of preserving and growing the invested capital ahead of inflation without taking undue risk whilst generating a moderate degree of income. Ciarb invests with Newton’s Global Growth and Income Fund for Charities and Ruffer LLP Charity Assets Trust Acc. Newton’s and Ruffer’s charges are taken from the capital of the Fund. Ciarb monitors the performance of the Fund.
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Ciarb Annual Report 2022
Section five
Financial review
**Financial review**
## **Basis of financial statements**
The financial statements have been prepared in accordance with the accounting policies set out in the notes to the accounts and comply with the charity’s governing document, the Charities Act 2011 and Accounting and Reporting by Charities: Statement of Recommended Practice applicable to charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland.
## **Review of transactions and financial position of Ciarb**
The consolidated net assets of Ciarb increased by £258,491 to £9,961,047. The Central operations surplus includes an increase in the investment portfolio of £39,981 and trading gains from Ciarb wholly owned subsidiaries 12 Bloomsbury Square Ltd of £81,815 and Arbitration Services Ltd a gain of £8,046. The deficit from the Branch operations includes a net translation gain of £364,946 relating to the net assets of international branches.
The Group’s principal sources of funding are membership subscriptions followed by the provision of education and training. These funds are used to support the achievement of Ciarb’s overall objectives. In 2022, membership subscriptions including application fees increased 15% (2021: 3% increase) to £5,392,102, while the number of net members increased by 517 (2021: 351) to 17,398. Revenue from Education and Training activities decreased by 12% on the previous year (2021: 24% increase) at £2,163,083.
## **Membership subscriptions for 2022 compared to 2021**
|**2022**
**Actual**
**Budget**
**Variance**|**2021**
**Actual**
**Budget**
**Variance**|
|---|---|
|Fellow
Member
Associate
Retired
**Total**
1,918,185
1,881,766
848,507
30,155
**4,678,613**
1,902,334
1,759,482
793,644
54,150
**4,509,610**
15,851
122,284
54,864
-23,995
**169,003**|Fellow
Member
Associate
Retired
**Total**
1,688,599
1,620,564
864,593
32,627
**4,206,383**
1,466,825
1,728,418
804,756
44.962
**4,044,925**
221,774
-107,854
59,837
-12,299
**161,458**|
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Ciarb Annual Report 2022
Scheme administration is presented in the SOFA under ‘Appointment and scheme administration fees’ which also includes Presidential Appointments operated by Ciarb’s Dispute Appointment Service (“DAS”) and the schemes operated by certain Branches. Fees from all such sources totalled £206,859 (2021: £121,032 and is made up of Headquarters £138,922 (2021: £71,280) and Branches £67,937 (2021: £49,752). Total costs for this area of operations are £458,481 (2021: £220,414).
Revenue from the room hire company, 12 Bloomsbury Square Ltd, showed an increase of 317% (2021: 17% decrease) on 2021 levels to £372,221. This figure does not include the rooms hired to the parent charity for Education and Training and Governance meetings which were valued at £33,076 (2021: £9,851).
City Disputes Panel Ltd (“CDP”) had no net movements in 2022 and 2021 and is dormant. The balance sheet for CDP shows a deficit of £95,300 and is considered by the Trustees to be in material deficit. The balance relates entirely to a loan from Ciarb which has been fully provided for.
The consolidated surplus for the year after realised and unrealised investment losses and net translation losses, together with the accumulated balance at 31 December 2022 are as shown below:
The restricted funds in the Kenya Branch are amounts raised to fund the purchase of property for the Branch office.
In the consolidated Balance Sheet, tangible and intangible fixed assets increased in the year from £6,709,586 to £7,474,129. The net increase was related to additional purchases, mostly within buildings and software net of depreciation and amortisation.
Ciarb’s investments are managed by Newton Investment Management and Ruffer LLP. The investment takes the form of dividend-paying shares in the Newton Growth and Income Fund for Charities and the Ruffer Charity Assets Trust Accumulation Fund. The market value of investments increased by 2.3% to £1,755,878 from £1,715,897. The performance of the investments is closely monitored to ensure returns are commensurate for the risk and the management fees – currently 0.6% and 1.0% respectively - are good value for money.
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Ciarb Annual Report 2022
**Investment value movement for 2019 to 2022**
## **Four Year Investment Position**
**----- Start of picture text -----**
1,800,000
1,750,000
1,700,000
1,650,000
1,600,000
1,550,000
1,500,000
1,450,000
1,400,000
1,350,000
1,300,000
2019 2020 2021 2022
Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul Sep Nov
**----- End of picture text -----**
## **Reserves policy**
Ciarb’s Board of Trustees has set a reserves policy to balance the provision of sufficient liquid reserves to deal with an emergency situation without tying up Ciarb funds unnecessarily. The reserves policy is as follows:
## (a) Liquid Reserves
The level of liquid reserves should be a minimum of three months’ worth of regular expenditure, which for 2022 is budgeted as £1.5m.
## (b) Overall Reserves
The level of overall reserves should be a minimum of six months’ worth of regular expenditure, which for 2022 is budgeted as £3.0m.
Liquid Reserves are made up of the investment portfolio which stood at £1.8m at the year end and central cash balances of £0.9m for a total of £2.7m.
Overall Reserves are the total of the net assets excluding those of the Branches (so the net assets held by head office plus the UK trading subsidiaries). These total £7.6m.
Regular expenditure consists of the normal day to day expenditure of Ciarb and its operating subsidiaries. It excludes exceptional items such as costs relating to tribunals, international conferences and other matters which do not recur annually.
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The current level of overall reserves complies with this policy. The level of Liquid Reserves including cash in hand at the year-end was compliant with the policy.
At times in the year when the cash balances at the London Headquarters (HQ) are low, an overdraft facility is arranged with HSBC such that the London HQ has access to liquid resources (the investment portfolio + £300,000 overdraft facility) of at least three months’ worth of London HQ expenditure without having to affect the cash reserves held by the overseas branches.
The reserves policy is to be reviewed during 2023
## **Cash movements for Ciarb and subsidiaries from 2018 to 2022**
**----- Start of picture text -----**
Combined 5 Year Cash Movement
3,500,000
3,000,000
2,500,000
2,000,000
1,500,000
1,000,000
500,000
0
2018 2019 2020 2021 2022
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
**----- End of picture text -----**
## **Assets and obligations**
The net assets of Ciarb are available and adequate to fulfil the obligations of Ciarb.
## **Fundraising disclosure**
Ciarb does not undertake any fundraising. All fundraising income is generated by ASL and stems from professional firms sponsoring Ciarb events.
## **Funds held as custodian**
Ciarb holds funds from time to time on behalf of arbitrators and others as security for their fees and costs. These funds originate from the parties involved in the arbitration and are kept by Ciarb in a separate bank account and are not mixed with its own funds.
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Ciarb Annual Report 2022
## **Re-appointment of the Auditor**
A resolution proposing the re-appointment of Moore Kingston Smith LLP as auditor to Ciarb will be put to the Trustees.
Signed on behalf of the Trustees:
Marion Smith KC (Trustee)
Paul Barrett (Trustee)
22 June 2023
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Ciarb Annual Report 2022
Section six
Independent
auditor's report
**Independent auditor’s report to the Trustees of the Chartered Institute of Arbitrators for the year ended 31 December 2022**
## **Opinion**
We have audited the financial statements of the Chartered Institute of Arbitrators (the ‘parent charity’) and its subsidiaries (the ‘group’) for the year ended 31 December 2022 which comprise the Consolidated Statement of Financial Activities, the Consolidated and Parent Undertaking Balance Sheet, the Consolidated and Parent Undertaking Cash Flow Statement and Notes to the Financial Statements, including a summary of significant Accounting Policies. The financial reporting framework that has been applied in their preparation is applicable law and United Kingdom Accounting Standards, including FRS 102 ‘The Financial Reporting Standard Applicable in the UK and Republic of Ireland’ (United Kingdom Generally Accepted Accounting Practice).
In our opinion the financial statements:
- give a true and fair view of the state of
- the group’s and the parent charity’s affairs as at 31 December 2022, and of the group’s incoming resources and application of resources, for the year then ended;
- have been properly prepared in
- accordance with United Kingdom Generally Accepted Accounting Practice; and
- have been prepared in accordance with
- the requirements of the Charities Act 2011.
## **Basis for opinion**
We conducted our audit in accordance with International Standards on Auditing
(UK) (ISAs(UK)) and applicable law. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the audit of the financial statements section of our report. We are independent of the charity in accordance with the ethical requirements that are relevant to our audit of the financial statements in the UK, including the FRC’s Ethical Standard, and we have fulfilled our other ethical responsibilities in accordance with these requirements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion.
## **Conclusions relating to going concern**
In auditing the financial statements, we have concluded that the Trustees’ use of the going concern basis of accounting in the preparation of the financial statements is appropriate.
Based on the work we have performed, we have not identified any material uncertainties relating to events or conditions that, individually or collectively, may cast significant doubt on the charity’s ability to continue as a going concern for a period of at least twelve months from when the financial statements are authorised for issue.
Our responsibilities and the responsibilities of the Trustees with respect to going concern are described in the relevant sections of this report.
## **Other information**
The other information comprises the information included in the annual report, other than the financial statements and our auditor’s report thereon. The Trustees are
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responsible for the other information. Our opinion on the financial statements does not cover the other information and, except to the extent otherwise explicitly stated in our report, we do not express any form of assurance conclusion thereon.
Our responsibility is to read the other information and, in doing so, consider whether the other information is materially inconsistent with the financial statements or our knowledge obtained in the audit or otherwise appears to be materially misstated. If we identify such material inconsistencies or apparent material misstatements, we are required to determine whether there is a material misstatement in the financial statements or a material misstatement of the other information. If, based on the work we have performed, we conclude that there is a material misstatement of this other information, we are required to report that fact.
We have nothing to report in this regard.
## **Matters on which we are required to report by exception**
We have nothing to report in respect of the following matters where the Charities Act 2011 requires us to report to you if, in our opinion:
- the information given in the Trustees’
- Annual Report is inconsistent in any material respect with the financial statements; or
- the parent charity has not kept adequate
- accounting records; or
- the parent charity’s financial statements
- are not in agreement with the accounting records and returns; or
- we have not received all the information
- and explanations we required for our audit.
## **Responsibilities of Trustees**
As explained more fully in the Trustees’ responsibilities statement set out above, the Trustees are responsible for the preparation of the financial statements and for being satisfied that they give a true and fair view, and for such internal control as the Trustees determine is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, the Trustees are responsible for assessing the charity’s ability to continue as a going concern, disclosing, as applicable, matters related to going concern and using the going concern basis of accounting unless the Trustees either intend to liquidate the charity or to cease operations, or have no realistic alternative but to do so.
## **Auditor’s responsibilities for the audit of the financial statements**
We have been appointed as auditor under Section 144 of the Charities Act 2011 and report in accordance with regulations made under section 154 of that Act.
Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with ISAs (UK) will always detect a material misstatement when it exists.
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Misstatements can arise from fraud or error and are considered material if, individually or in aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of these financial statements.
As part of an audit in accordance with ISAs (UK), we exercise professional judgement and maintain professional scepticism throughout the audit. We also:
- Identify and assess the risks of material
- misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control.
- Obtain an understanding of internal control
- relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purposes of expressing an opinion on the effectiveness of the charity’s internal control.
- Evaluate the appropriateness of accounting
- policies used and the reasonableness of accounting estimates and related disclosures made by the Trustees.
- Conclude on the appropriateness of the
- Trustees’ use of the going concern basis
- of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the charity’s ability to continue as going concern. If we conclude that a material uncertainty exists, we are required to draw attention in our auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify our opinion. Our conclusions are based on the audit evidence obtained up to the date of our auditor’s report. However, future events or conditions may cause the charity to cease to continue as a going concern.
- Evaluate the overall presentation, structure
- and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation.
- Obtain sufficient appropriate audit
- evidence regarding the financial information of the entities or business activities within the group to express an opinion on the consolidated financial statements. We are responsible for the direction, supervision and performance of the group audit. We remain solely responsible for our audit report.
We communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that we identify during our audit.
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## **Explanation as to what extent the audit was considered capable of detecting irregularities, including fraud**
Irregularities, including fraud, are instances of non-compliance with laws and regulations. We design procedures in line with our responsibilities, outlined above, to detect material misstatements in respect of irregularities, including fraud. The extent to which our procedures are capable of detecting irregularities, including fraud is detailed below.
The objectives of our audit in respect of fraud, are; to identify and assess the risks of material misstatement of the financial statements due to fraud; to obtain sufficient appropriate audit evidence regarding the assessed risks of material misstatement due to fraud, through designing and implementing appropriate responses to those assessed risks; and to respond appropriately to instances of fraud or suspected fraud identified during the audit. However, the primary responsibility for the prevention and detection of fraud rests with both management and those charged with governance of the charity.
Our approach was as follows:
- We obtained an understanding of the
- legal and regulatory requirements applicable to the charity and considered that the most significant are the Charities Act 2011, the Charity SORP, and UK financial reporting standards as issued by the Financial Reporting Council.
- We obtained an understanding of how the
- charity complies with these requirements by discussions with management and those charged with governance.
misstatement of the financial statements, including the risk of material misstatement due to fraud and how it might occur, by holding discussions with management and those charged with governance.
- We inquired of management and those
- charged with governance as to any known instances of non-compliance or suspected non-compliance with laws and regulations.
- Based on this understanding, we designed
- specific appropriate audit procedures to identify instances of non-compliance with laws and regulations. This included making enquiries of management and those charged with governance and obtaining additional corroborative evidence as required.
There are inherent limitations in the audit procedures described above. We are less likely to become aware of instances of non-compliance with laws and regulations that are not closely related to events and transactions reflected in the financial statements. Also, the risk of not detecting a material misstatement due to fraud is higher than the risk of not detecting one resulting from error, as fraud may involve deliberate concealment by, for example, forgery or intentional misrepresentations, or through collusion.
## **Use of our report**
This report is made solely to the charity’s Trustees, as a body, in accordance Chapter 3 of Part 8 of the Charities Act 2011. Our audit work has been undertaken so that we might state to the charity’s Trustees those matters we are required to state to them in an auditor’s report and for no other purpose.
- We assessed the risk of material
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To the fullest extent permitted by law, we do not accept or assume responsibility to any party other than the charity and charity’s Trustees as a body, for our audit work, for this report, or for the opinion we have formed.
## **Moore Kingston Smith LLP**
Statutory auditor
- 9 Appold Street, London, EC2A 2AP
19 September 2023
Moore Kingston Smith LLP is eligible to act as auditor in terms of Section 1212 of the Companies Act 2006.
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Section seven
Financial statements
Consolidated Statement of Financial Activities for the year ended 31 December 2022
None of the Group’s activities were acquired or discontinued during the above two financial years. The Notes on pages 72 to 116 form part of these financial statements.
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Consolidated Balance Sheet for the year ended 31 December 2022
Approved by the Board of Trustees and authorised for issue on 22 June 2023 and signed on its behalf by:
Marion Smith KC (Trustee)
Paul Barrett (Trustee)
Catherine Dixon (Director General)
The Notes on pages 72 to 116 form part of these financial statements.
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Parent Undertaking Balance Sheet for the year ended 31 December 2022
Approved by the Board of Trustees and authorised for issue on 22 June 2023 and signed on its behalf by:
Marion Smith KC (Trustee)
Paul Barrett (Trustee)
Catherine Dixon (Director General)
The Notes on pages 72 to 116 form part of these financial statements.
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Consolidated Cash Flow Statement for the year ended 31 December 2022
The Notes on pages 72 to 116 form part of these financial statements.
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Parent Undertaking Cash Flow Statement for the year ended 31 December 2022
The Notes on pages 72 to 116 form part of these financial statements.
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Ciarb Annual Report 2022
Notes for the Accounts for the year ended 31 December 2022
## **1. General information**
The Chartered Institute of Arbitrators (“Ciarb”) is a charity registered in England and Wales, registration number 803725. It was formed in 1915, incorporated on 8 April 1923, and granted a Royal Charter on 6 February 1979. It became a charitable body on 19 July 1990. A new Royal Charter and Bye-laws were approved by members at an Extraordinary General Meeting on 28 October 2004 and became fully effective on 28 February 2005. Amended by order in Council on 6 August 2013.
The charity is a public benefit entity and its principal activities are set out in the Trustees’ Annual Report.
The Registered Office is: 12 Bloomsbury Square, London, WC1A 2LP.
## **2. Accounting Policies**
## **(a) Basis of accounting**
The accounts have been prepared in accordance with the Statement of Recommended Practice: Accounting and Reporting by Charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) and the Financial Reporting Standard applicable in the United Kingdom and Republic of Ireland (FRS 102), the Charities Act 2011 and UK Generally Accepted Practice. Accounting policies have been consistently applied except where noted below. The financial statements are prepared in pounds sterling and rounded to the nearest £.
The accounts have been prepared to give a ‘true and fair’ view and have departed from the Charities (Accounts and Reports) Regulations 2008 only to the extent required to provide a ‘true and fair view’. This departure has involved following Accounting and Reporting by Charities preparing their accounts in accordance with the Financial Reporting Standard applicable in the UK and Republic of Ireland (FRS 102) issued in 2019 rather than the Accounting and Reporting by Charities: Statement of Recommended Practice effective from 1 April 2005 which has since been withdrawn.
## **(b) Consolidation**
The consolidated accounts incorporate the accounts of Ciarb and its subsidiaries made up to 31 December 2022. The result is consolidated on a line-by-line basis.
A separate Statement of Financial Activities is not presented for Ciarb itself. For the year ended 31 December 2022 the income of Ciarb was £7,549,925 (2021: £7,318,811), expenditure was £7,653,413 (2021: £6,714,596), its gains on investment assets were £39,981 (2021: gains of £116,702), its translation gains were £185,194 (2021: gains £5,220) and its net movement in funds was a loss of £63,507 (2021: surplus of £720,917).
## **(c) Going concern**
The Institute’s accounts are prepared on the basis that it is a going concern. It continues to produce an annual surplus of income over expenditure and has set its 2023 budget on the reasonable assumption that this will continue. With the residual impact of the Covid 19 pandemic, as well as the effect of the cost of living increases, the Trustees
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Notes for the Accounts for the year ended 31 December 2022
and management have re-assessed and updated the forecast and are confident there are sufficient reserves to continue operating for the foreseeable future. The Institute continues to monitor events as they unfold, and the forward projections are updated accordingly.
The Trustees confirm that at the time of approving the financial statements, and based on their forecasts until 30 June 2024, there is a reasonable expectation that the Institute has adequate resources to continue in operational existence for the foreseeable future. In arriving at this conclusion, the Trustees have taken account of current and anticipated financial performance in the current economic conditions, the approved planned 2022 budget surplus and the Institute’s reserves position. At 31 December 2022 the Institute held unrestricted cash balances of £3.27m and unrestricted investments of £1.8m.
Computer and Electronic Equipment - 33 % per annum on cost.
## **(e) Freehold buildings**
Freehold buildings are depreciated to the extent that the residual value is lower than the net book value, and valuations are obtained to support this.
**(f) Intangible fixed assets and amortisation** Intangible fixed assets costing more than £1,000 are capitalised at cost. Cost includes the original purchase price of the asset and the costs attributable to bringing the asset to its working condition for its intended use.
Amortisation commences when the asset is brought into use and is calculated to write off the cost, less estimated residual values, of intangible fixed assets over their estimated useful lives. The annual amortisation rates and methods are as follows:
Computer software - 20% per annum on cost.
## **(d) Tangible fixed assets and depreciation**
Tangible fixed assets costing more than £1,000 are capitalised at cost.
Depreciation commences when an asset is brought into use and is calculated to write off the cost, less estimated residual values, of tangible fixed assets over their estimated useful lives. The annual depreciation rates and methods are as follows:
Freehold Land - Nil.
Improvements to Leasehold Premises - Over the remaining period of the lease.
Furniture and Fittings -
## **(g) Leases**
An asset and corresponding liability are recognised for leasing agreements that transfer to Ciarb substantially all of the risks and rewards incidental to ownership (“finance leases”). The amount capitalised is the fair value of the leased asset or, if lower, the present value of the minimum lease payments payable during the lease term, both determined at inception of the lease. Lease payments are treated as consisting of capital and interest elements. Any interest is charged to the Statement of Financial Activities so as to produce a constant periodic rate of interest on the remaining balance of the liability.
10% per annum on cost.
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Notes for the Accounts for the year ended 31 December 2022
All other leases are operating leases and the annual rentals are charged to the Statement of Financial Activities on a straight-line basis over the lease term.
time of application for membership but prior to admittance are recorded as deferred income at the year end and recognised as income in the period when the applicant is admitted as a member.
## **(h) Branches**
The activities and funds of branches established by Ciarb and governed by the Branch Model Rules, but not incorporated locally are regarded as those of Ciarb itself and are included by means of aggregation in the Accounts. Locally incorporated branches are treated as subsidiaries as described in note 2(n).
## **(i) Foreign currency funds and transactions**
Assets and liabilities denominated in foreign currencies are translated at the rate of exchange ruling at the balance sheet date. Transactions in foreign currencies are recorded at the rate ruling at the date of the transaction. All differences are taken to the Statement of Financial Activities.
Income from administered dispute resolution schemes for case work is normally recognised either in accordance with relevant scheme contractual specifications or on conclusion of the case, that is, when a decision is made by the appointed dispute resolver or an outcome is agreed between the parties. Income from fees paid as retainers and similar arrangements is recognised on an accruals basis.
Education and training income relating to courses is recognised when the course has started. Room hire, event admission and all other income is recognised when the activity has taken place.
## **(l) Investments**
Assets, liabilities, and results of overseas branches are translated at the rate ruling at the balance sheet date. Exchange differences arising are recognised as other recognised gains and losses.
Investments are included in the Balance Sheet at fair value at the Balance Sheet date. The Statement of Financial Activities includes the net gains and losses arising on revaluations and disposals throughout the year.
## **(j) Subscriptions, fees and services**
Subscriptions, fees and services are included in the financial statements on the basis of amounts receivable in respect of the accounting period.
## **(k) Recognition of income**
Membership subscription income for the current year is recognised when received. Subscription income received in advance relating to subsequent years is deferred. Advances of subscriptions received at the
## **(m) Investments in subsidiary undertakings**
Investment in subsidiaries are initially measured at cost and subsequently measured at cost less any accumulated impairment losses. Interests in subsidiaries are assessed for impairment at each reporting date. Any impairment losses or impairment reversals are recognised immediately in the Statement of Financial Activities. The net asset values of the operating subsidiaries are disclosed in
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notes 10 (for UK subsidiaries) and 20(b) (for incorporated international branches). They are consolidated on a line by line basis.
Incorporated branches are treated as subsidiaries and the results of these are included within the consolidated results but not those of the parent undertaking. The results of other branches are included in both the parent undertaking and consolidated results.
## **(n) Impairments**
Shortfalls between the carrying value of fixed assets and their recoverable amounts, being the higher of net realisable value and value-in-use, are recognised as impairments. Impairment losses are recognised in the Statement of Financial Activities.
## **(o) Allocation of costs**
All expenditure is accounted for on an accruals basis and has been classified under headings that aggregate all costs related to the category. Costs that are directly attributable are allocated on a departmental basis and support costs added. Head Office staff costs are apportioned to departments on an actual basis and accommodation costs according to assessed work area. Other Head Office costs, including Governance costs, are apportioned to departments on a reasonable basis. Please see note 5.
## **(p) Pensions**
Ciarb operates a Defined Contribution Pension Scheme. Pension contributions are charged to the Statement of Financial Activities as incurred. These contributions are invested separately from Ciarb assets.
## **(q) Financial instruments**
The Group has elected to apply the provisions of Section 11 ‘Basic Financial Instruments’ and Section 12 ‘Other Financial Instruments Issues’ of FRS 102, in full, to all of its financial instruments. All of its Financial Instruments are classified as “basic”.
Financial assets and financial liabilities are recognised when the Group becomes a party to the contractual provisions of the instrument and are offset only when the Group currently has a legally enforceable right to set off the recognised amounts and intends either to settle on a net basis, or to realise the asset and settle the liability simultaneously.
## _**Financial assets**_
## _Debtors_
Debtors which are receivable within one year and which do not constitute a financing transaction are initially measured at the transaction price. Debtors are subsequently measured at amortised cost, being the transaction price less any amounts settled and any impairment losses.
A provision for impairment of debtors is established when there is objective evidence that the amounts due will not be collected according to the original terms of the contract. Impairment losses are recognised in the Statement of Financial Activities for the excess of the carrying value of the debtor over the present value of the future cash flows discounted using the original effective interest rate. Subsequent reversals of an impairment loss that objectively relate to an
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event occurring after the impairment loss was recognised, are recognised immediately in the Statement of Financial Activities.
## _**Financial liabilities and equity**_
Financial instruments are classified as liabilities and equity instruments according to the substance of the contractual arrangements entered into. An equity instrument is any contract that evidences a residual interest in the assets of Ciarb after deducting all of its liabilities.
## _Other creditors_
Other creditors payable within one year that do not constitute a financing transaction are initially measured at the transaction price and subsequently measured at amortised cost, being the transaction price less any amounts settled.
rewards of ownership are retained but control of the asset has transferred to another party that is able to sell the asset in its entirety to an unrelated third party. A financial liability (or part thereof) is derecognised when the obligation specified in the contract is discharged, cancelled or expires.
## _**Stakeholder funds**_
Ciarb holds stakeholder funds on behalf of clients as a neutral in arbitration cases. These amounts are included within creditors above.
This activity falls within Ciarb’s strategic aim of global promoting the constructive resolution of disputes. By acting as a neutral with funds in escrow, Ciarb can ensure funds are distributed appropriately once an award is made.
## **(r) Critical accounting estimates and areas of judgement**
## _Borrowings_
Borrowings are initially recognised at the transaction price, including transaction costs, and subsequently measured at amortised cost using the effective interest method. Interest expense is recognised on the basis of the effective interest method and is included in administration costs and reallocated across charitable activities.
## _**Derecognition of financial assets and liabilities**_
A financial asset is derecognised only when the contractual rights to cash flows expire or are settled, or substantially all the risks and rewards of ownership are transferred to another party, or if some significant risks and
Estimates and judgements are continually evaluated and are based on historical experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances. There are no estimates and assumptions that are considered to have a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the next financial year.
## **(s) Charitable status**
Ciarb is registered as a charity, registration number 803725, and in consequence it is exempt from taxation on income arising from and expended on its charitable activities.
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## **3. Income from charitable activities**
## **4. Investment Income**
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## **5. Expenditure**
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Allocation of costs:
Staff costs are allocated to activities based on the actual cost, including on-costs, of the staff working in each activity. Accommodation costs and Depreciation are allocated on the basis of the area occupied by each activity and Miscellaneous costs on the basis of the numbers of staff employed in each activity. Support costs are allocated on a basis which reflects the use made by the activity of each support cost centre.
## **6. Audit fees**
## **7. Staff costs**
Included within the above is £243,257 (2021: £242,627) of costs including employer’s national insurance in respect of key management personnel and £45,000 (2021: £192,581) in termination benefits. The Director General is the only member of key management personnel.
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## **7. Staff costs (continued)**
The average number of FTE employees by category during the year was:
The number of employees whose emoluments fell into the following bands in excess of £60,000 was:
Pension payments in respect of these eleven employees (2021: eleven) in 2022 amounted to £70,054 (2021: £96,394).
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## **8. Payments to Trustees**
Members of the Board of Trustees receive no remuneration for their work as Trustees or for other work they may carry out for Ciarb, with the exception of that disclosed in Note 24(g). Trustees’ expenses reimbursed during the year under review are as follows:
## **9. (a) Tangible fixed assets**
## **Group undertaking**
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## **9. (b) Tangible fixed assets Parent undertaking**
Ciarb acquired the freehold of 12 Bloomsbury Square on 30 January 2001 at a net cost of £4,248,126. It acquired the freehold of 14 Bloomsbury Square on 23 September 2011 at a net cost of £1,733,355.
Depreciation of £nil is charged on listed Freehold Buildings as there is estimated to be no material difference between cost and residual value.
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## **10. Intangible fixed assets Group and parent undertaking**
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## **11. Fixed asset investments**
## **(a) Managed funds - Group and parent undertaking**
## **(b) Subsidiary undertakings – Parent undertaking**
Ciarb had sixteen 100% owned subsidiary companies at 31 December 2022 (2021: thirteen). This includes four subsidiaries incorporated in England and Wales and twelve (2021: nine) incorporated international branches. Details of these branches are included in note 20.
The four UK subsidiaries are:
## **Name**
Arbitration Services Limited
The City Disputes Panel Limited 12 Bloomsbury Square Limited Independent Dispute Resolution Services Limited
## **Co. Number**
01288642
07121217 07057143 05945475
## **Principal activity**
Collecting sponsorship income for Ciarb events
Dormant
Provision of meeting rooms for hire Dormant
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## **11. Fixed asset investments (continued)**
## **(b) Subsidiary undertakings – Parent undertaking (continued)**
The twelve international subsidiaries are:
|**Name**|**Co. Number**|**Relationship**|
|---|---|---|
|The Chartered Institute of|118131016|Ciarb is the Special Member with sole voting rights to|
|Arbitrators (Australia) Limited||amend the constitution or wind up the Branch.|
|Chartered Institute of Arbitrators|61220 C|Ciarb is the Special Member with sole voting rights to|
|Bahamas Branch||amend the constitution or wind up the Branch.|
|Chartered Institute of Arbitrators|1018216-8|Ciarb is the Special Member with sole voting rights to|
|(Canada Branch) Incorporated||amend the constitution or wind up the Branch.|
|Chartered Institute of Arbitrators|208/2014|Assets and monies held by the Branch remain under|
|(Caribbean Branch) Incorporated||benefcial ownership of Ciarb under Branch bye-laws.|
|International Group of Arbitrators|1207883-A|Ciarb is the Special Member with sole voting rights to|
|Berhad (Malaysia)||amend the constitution or wind up the branch.|
|The Chartered Institute of|CLG-2GFKXD|Ciarb is the Special Member with sole voting rights to|
|Arbitrators Kenya Limited*||amend the constitution or wind up the Branch.|
|The Chartered Institute of|5508705|Ciarb is the Special Member with sole voting rights to|
|Arbitrators (New York Branch), Inc.||amend the constitution or wind up the Branch.|
|The Chartered Institute of Arbitrators|5036735|Ciarb is the Special Member with sole voting rights to|
|(North America Branch), Inc.||amend the constitution or wind up the Branch.|
|The Chartered Institute of Arbitrators|0202228|Contractual relationship in the form of a|
|(Pakistan)||collaboration agreement.|
|The Chartered Institute of|00451|To operate in the Qatar Financial Centre (QFC) it|
|Arbitrators (Qatar & QFC LLC), Inc.||was necessary to establish a limited liability vehicle|
|||(the entity governed by the Articles of Association).|
|||Ciarb (the Royal Charter body) is the sole member|
|||of this company. For the rest of Qatar, the Branch is|
|||governed by the Branch Rules which are an|
|||approved variation of the Branch Model Rules.|
|Chartered Institute of Arbitrators –|1040/RGB/NGO/|Contractual relationship in the form of a|
|Ciarb Rwanda|OC/05/2022|collaboration agreement.|
|The Chartered Institute of Arbitrators|201001118N|Ciarb is the Special Member with sole voting rights to|
|(Singapore) Limited||amend the constitution or wind up the Branch.|
*The Kenya branch was dissolved and reformed as an incorporated entity with its assets purchased as a cost of investment in subsidiaries. As there has been no loss to the charity overall, the net assets of the branch transferred to the new incorporated entity, have been treated as the cost of investment in the new subsidiary.
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## **11. Fixed Asset Investments (continued)**
## **(b) Subsidiary Undertakings – Parent undertaking (continued)**
Investment in subsidiaries
*Arbitration Services Limited declared gift aid of £nil (2021: £nil) and 12 Bloomsbury Square Limited declared gift aid of £nil (2021: £nil) to Ciarb during the year.
Financial information related to the international subsidiaries is disclosed in note 20(c).
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## **12. Debtors**
## **13. Liabilities: Amounts falling due within one year**
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## **13. Liabilities: Amounts falling due within one year (continued) Deferred income**
Membership income related to 2023 subscriptions received in 2022 and Education and Training income related to courses taking place in 2023 received in 2022 has been deferred. Advances of subscriptions received at the time of application for membership but prior to admittance are recorded as deferred income at the year end and recognised as income in the period when the applicant is admitted as a member.
The amount noted above includes Held Funds which at 31 December 2022 stand at £39,307.
## **14. Liabilities: Amounts falling due after one year Group and parent undertaking**
Bank loans include two loans taken out in 2001 which were in connection with the purchase of 12 Bloomsbury Square, a 2013 loan to cover lease exit fees and two loans taken out in 2014 which were in connection with the purchase of 14 Bloomsbury Square. The loans are secured on the full value of the properties. The loans are basic financial liabilities and are set out in the table below.
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## **14. Liabilities: Amounts falling due after one year (continued) Group and parent undertaking**
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## **15. Group funds summary**
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## **16. Parent funds summary**
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## **17. Fund movements**
## **Group**
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## **17. Fund movements (continued) Parent undertaking**
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## **17. Fund movements (continued) Parent undertaking**
Members of and donors to the Kenyan Branch have been contributing to a development fund to acquire accommodation for Branch activities. A leasehold property was purchased in 2022 which satisfied the restrictions of the fund.
Headquarters above relates to the UK Head Office and the UK subsidiaries as per note 10b. Branches includes the international subsidiaries.
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## **18. Reconciliation of movement in net debt**
## **Group**
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## **18. Reconciliation of movement in net debt (continued)**
## **Company**
## **19. Capital commitments and contingent liabilities**
As of 31 December 2022, Ciarb had capital commitments of £49,029 for assets (2021: £334,878), comprising £49,029 in relation to office renovation (2021: £0) and £0 in relation to a property purchase (2021: £334,878).
There is a cross guarantee in favour of HMRC in respect of Ciarb’s membership of the Chartered Institute of Arbitrators VAT group.
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Notes for the Accounts for the year ended 31 December 2022
## **20. Branch results**
## **(a) England and Wales Branches**
## **(b) Scotland and international Branches**
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## **20. Branch Results (continued)**
## **(c) Scotland and international Branches (continued)**
*The financial statements for Bahrain, Lebanon, Sri Lanka, Thailand and Zimbabwe had not been received in time to be included in the aggregated Statement of Financial Activities or Cash flow Statement for Ciarb. These are not considered material to the final position on aggregation and consolidation. Their net assets as last reported are included as appropriate in the Consolidated and Parent Undertaking balance sheet. The results of Bahrain, Lebanon and Zimbabwe were not included in last year’s accounts.
## **(d) International subsidiaries (see note 10b)**
Grants from central funds are not included in the amounts shown as income in the above table but are included in income in note 17. Branch Income and Expenditure above excludes any translation gains or losses.
*The financial statements for Qatar have not been received in time to be included in the aggregated Statement of Financial Activities or Cash flow Statement for Ciarb. These are not considered material to the final position on consolidation. Their net assets as last reported are included as appropriate in the Consolidated Undertaking balance sheet.
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## **20. Branch results (continued)**
## **(c) International subsidiaries (continued)**
## **Branch Assets/(Liabilities):**
Branch assets and liabilities have been aggregated, or consolidated, within the main balance sheet headings.
## **(d) Analysis of Branch income and expenditure by category**
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## **20. Branch results (continued)**
## **(d) Analysis of Branch income and expenditure by category (continued)**
The above figures for England and Wales do not include grants from central funds made during the year. Figures for Scotland and International Branches and subsidiaries do not include the effect of net translation gains.
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## **21. Finance Leases**
Ciarb has entered into a finance lease contract for the hire purchase of office equipment. At 31 December Ciarb was committed to total future minimum payments as follows:
This liability is secured on the related assets disclosed in note 9(a).
## **22. Pension Obligations**
Ciarb and its subsidiary companies make contributions to employee defined contribution pension schemes. Contributions in the year amounted to £231,700 (2021: £239,897). At the year-end there were no prepaid contributions (2021: £nil). Outstanding pension contributions, included within other creditors, were £nil (2021: £nil). The assets of the schemes are invested and managed independently of the finances of Ciarb.
## **23. Indemnity Insurance**
Ciarb paid a premium during the year of £29,866 (2021: £26,480) under a professional indemnity and Trustee indemnity insurance policy to protect Ciarb and its Trustees against loss arising from the neglect or default of its Trustees, agents or employees, arising in the course of Ciarb’s business.
## **24. Related party transactions**
Related party transactions with the subsidiaries set out in note 10(b) are as follows:
## (a) 12 Bloomsbury Square Limited (“12BSL”)
Under an operating agreement signed on 21 December 2009, 12BSL has a licence to use the property of 12 Bloomsbury Square to carry out a room hire business. Ciarb recharged 12BSL £266,416 (2021: £304,502) of costs under this agreement during the year. In addition, Ciarb makes use of meeting rooms at the property from time to time. 12BSL charged Ciarb £33,076 (2021: £9,851) for these rooms during the year.
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## **24. Related party transactions (continued)**
Gift Aid distributions of £0 (2021: £nil) were paid by 12BSL to Ciarb.
At the end of the year, the balance owing to Ciarb was £554,122 (2021: owing to Ciarb £671,910).
## (b) Arbitration Services Limited (“ASL”)
Gift Aid distributions of £nil (2021: £nil) were paid by ASL to Ciarb. At the year-end, the balance owing to Ciarb was £nil (2021: £nil).
## (c) The City Disputes Panel Limited (“CDP”)
At the year end, the balance owing to Ciarb was £95,300 (2021: £95,300), of which £95,300 (2021: £95,300) cumulative has been provided for in Ciarb’s books.
## (d) Independent Dispute Resolution Services Limited (“IDRS”)
At the year end, the balance owing from Ciarb was £1,000 (2021: £1,000).
## (e) Institute of Family Law Arbitrators Limited (IFLA)
Ciarb together with Solicitors Family Law Association and Family Law Bar Association has set up a not-for-profit company, IFLA. The company is limited by guarantee and all three parties are equal members in the company. The purpose of IFLA is to promote the use of family arbitration as an alternative method of dispute resolution in family proceedings in England and Wales. IFLA was dormant during 2022 and Ciarb has made no investment in it during the year (2021: £nil).
## (f) International subsidiaries
Ciarb collects Branch subscriptions on behalf of these subsidiaries during the year and pays this income to the Branches in two annual instalments. In addition, where Branches carry out training courses, Ciarb charges the Branches for training materials as well as for marking, moderation and assessment fees. Relevant information is set out in the tables below.
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## **24. Related party transactions (continued)**
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## **24. Related party transactions (continued)**
- (g) Payments to Trustees in relation to travel costs
Fees were £14,903 (2021: £3,305).
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The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London, WC1A 2LP, UK. A charity incorporated by Royal Charter and registered at the Charity Commission of England and Wales under number 803725
www.ciarb.org
©Chartered Institute of Arbitrators 2023. All rights reserved.
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