Constitution of the Commercial Litigation Association of Ireland
- The objects of the Commercial Litigation Association of Ireland (the ‘CLAI’) shall be:-
- To provide a forum for commercial litigation practitioners, to make representations in respect of matters of interest; to liaise with the courts service and court user committees and to co-ordinate responses and to respond to consultation papers;
- To promote commercial litigation as a specialisation;
- To support and advocate best practice in the litigation of commercial disputes in Ireland. Such ‘best practice’ includes arrangements for the fair, timely and cost effective resolution of commercial disputes;
- To promote and enhance the legal education and training of those practising in the field of commercial litigation and in particular to organise CPD lectures and events; and
- To promote Ireland and the Commercial Court and the other lists of the High Court as a forum for Irish and international commercial disputes.
- Membership of the CLAI shall be open to any practising solicitor or barrister, any judge and legal academics. The option of a ‘firm-wide’ membership will be available for firms of solicitors.
- Applications for membership of the CLAI shall be made in writing to the Secretary on a form approved from time to time by the Committee for the purpose and on payment of the annual membership fee then in effect.
- Membership shall cease if:
- The member resigns.
- A member’s subscription is in arrears, unless the Committee otherwise determines.
- The person is removed from membership by a decision of the Committee.
- The administration of CLAI shall be entrusted to a Committee, which shall consist of at least twelve persons. The Committee shall elect from amongst its members, a Chairman, a Vice-Chairman, a Secretary, a Deputy Secretary and a Treasurer who shall be the Officers of the CLAI.
- The Committee shall meet on not less than six occasions in any calendar year.
- The first Committee (“the First Committee”) shall be drawn from the Association’s initial steering committee and shall hold office until the first Annual General Meeting.
- Subject only to the first Annual General Meeting taking place within 18 months from the date of adoption of this constitution the First Committee shall have sole discretion with regard to date, time and place of the first Annual General Meeting.
- Thereafter the members of the committee shall be elected at the Annual General Meeting (‘AGM’) of the Association and shall hold office until the following AGM. Nominations for election to the Committee can be made at any AGM by a proposer and seconder. In the event of a vacancy occurring in the membership of the Committee during its period of office, the remaining members of the Committee shall have power to co-opt a person to fill the vacancy until the following AGM.
- The Committee may delegate any business to sub-committees comprising any number of members of the CLAI.
- The Committee and the Officers of the Association shall have such powers as may be necessary to carry out their functions, including the opening of bank accounts and the signing of cheques. All cheques shall be signed by the Treasurer and all items of expenditure (other than items of less than €500) shall be subject to the approval of the Committee.
- The Association shall hold an AGM within 18 months of adopting this constitution and during each calendar year thereafter, at such time and place as may be determined by the Committee. The AGM of the Association shall be chaired by the Chairperson of the Association, or if the Chairperson is not available, by the Vice-Chairperson, or other Officer of the Association. Fourteen days notice shall be given of the holding of the AGM.
- All members shall be entitled to attend and speak at the AGM. Resolutions may be passed by a simple majority of members present and voting. However this constitution may be altered only by a resolution passed by a two-thirds majority of members present and voting.
- The Committee shall be entitled to hold an Emergency General Meeting (‘EGM’) at such time and place as it may determine. The Committee shall convene an Emergency General Meeting if requested to do so by a requisition signed by thirty members of the Association.
- All members shall be entitled to attend and speak at the EGM. Resolutions may be passed by a simple majority of members present and voting. However this constitution may be altered only by a resolution passed by a two-thirds majority of members present and voting.
- Any notice required by these rules to be given to members of the CLAI shall be validly given if sent by hand, by facsimile transmission, by post or by e-mail to the member personally.