Fernando Pelaez-Pier Past President, International Bar Association; Principal, Hoet Pelaez Castillo Duque 

Fernando Peláez-Pier is a past president of the International Bar Association and a founding member of Bentata Hoet & Asociados (now Hoet Pelaez Castillo & Duque), created in 1977. He is a graduate of the Iberoamericana University, Mexico City; Paris University (diplôme d’études supérieures); and the Universidad de Los Andes, Merida, Venezuela., where he currently leads as one of its corporate partners. Mr Peláez-Pier practices in the areas of contract negotiations, mergers and acquisitions, foreign investments, project finance, and alternative dispute resolution. Prior to joining Hoet Pelaez Castillo & Duque, Mr Peláez-Pier was responsible for setting up the London office of Bomchil, Castro, Goodrich, Claro, Arosemena & Associates and was director of their Paris and London offices from 1972 to 1976. He was an associate at Goodrich, Riquelme & Associates, Mexico City from 1967 to 1972. Mr Peláez-Pier was chairman of the Federation of Binational Chambers of Commerce of the European Community (FEDEUROPA) 1981–1982; Lex Mundi chairman, 1992–1993, and served as vice president of the International Bar Association (IBA) (2007–2008); secretary-general (2005–2006), chair of the IBA Section on Business Law (2002–2004), vice-chair (2000–2002), and secretary-treasurer (1998–2000). He is a member of the advisory board for the Institute for International and Comparative Law and the Interamerican Bar Association. Mr Peláez-Pier has been awarded the Miranda State Bar Association Gran Orden del Colegio de Abogados del Estado Miranda (2003) and the Professional Merit Award by Caracas Bar Association “Miguel José Sanz” (2003).

The International Bar Association: A Story of Leadership and Success 

The International Bar Association was founded on February 17, 1947 by a group of 34 national bar associations who sought to follow in the footsteps of the United Nations (U.N.) by helping to institute law and justice on a global scale. today, 72 years later, the IBA is the leading association of lawyers and is known as the “global voice of the legal profession.”[1] In this article, we will discuss the history of the IBA and why it has gained its leading position among bar associations, law societies, and practicing lawyers from around the world.

For the success of any organization, it is essential to have clear objectives in order to perform its activities and deliver its services to its constituency. The IBA leadership has adjusted its structure and objectives since its inception in order to adapt to the challenges imposed upon the legal profession and to best serve its members.

In 1969 and 1970, the IBA leadership made important changes. It decided to move the IBA headquarters form New York to London, to admit individual lawyers to the Association, and to establish the former Section on Business Law.[2] These decisions marked a turning point for the Association, attracting not only bar associations and law societies, but also business lawyers from every continent. In the following years, the IBA leadership made another important decision to establish the Section on General Practice and the Section on Energy and Natural Resources.[3]

Major changes were made in 2004 and 2011. The IBA leadership decided to conduct a careful review of the structure of the Association. As a result of such initiative, currently the structure of the Association is focused on two main divisions: the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID), the latter of which has three subdivisions: the Section on Public and Professional Interest (SPPI), the Bar Issues Commission (BIC), and the Human Rights Institute (HRI).[4]

The organization’s principal goals and objectives are:

.                   To promote an exchange of information between legal associations worldwide. 


.                   To support the independence of the judiciary and the right of lawyers to practice 
their profession without interference. 


.                   Support of human rights for lawyers worldwide through its Human Rights 
Institute.[5] 


The IBA works toward these goals by means of

1.               Services for individual lawyer members through its divisions, committees and constituents. 


2.               Support the activities of bar associations and, in particular, developing bars. 


3.               Support human rights for lawyers worldwide.[6] 


Why has the IBA become the leading association of individual lawyers and bar associations, and why is it known as the global voice of the legal profession?

IBA individual members are practicing lawyers covering all the different areas of practice and professional interests. At present, there are more than 55,000 individual members. IBA member organizations comprise more than 205 bar associations and law societies. IBA members come from all regions of the world, representing more than 126 countries.

IBA provides members with access to leading experts and up-to-date information. Through the committees of the divisions (more than 40 specialized committees), the IBA enables the exchange of information and views among its members as to laws and professional responsibilities relating to the practice of law around the globe.

Within the IBA, we found the behaviors that James Scouller called “the four dimensions of leadership”: “(i) a shared, motivating group purpose; (ii) action, progress and results; (iii) collective unity or team spirit; and (iv) individual selection and motivation.”[7] 

The IBA has group leadership. Its management board, councils, and officers provide direction and guidance to the association and its divisions, sections, committees, and interest groups as a whole. At the same time, the sections, committees, and interest groups (through their officers) provide direction and guidance to their members.

We can identify specific characteristics within the IBA such as awareness of unity and interpersonal relationships; its members have the opportunity to contribute, learn, and work with others and to act together toward a common goal.

Within the IBA, we find “leaders who demonstrate persistence, tenacity, determination, and synergistic communication skills will bring out the same qualities in their groups. Good leaders use their own inner mentors to energize their team and organizations and lead a team to achieve success.”[8]

The IBA’s leaders are individual practicing lawyers holding positions at all different levels of the association, from sub-committee officers up to the president. The need for leaders at all levels is a requirement for an association to build and maintain its leadership, and there is no doubt that this has been the cornerstone upon which to build the success of the IBA.

[Ken] Ogbonnia (2007) defines an effective leader “as an individual with the capacity to consistently succeed in a given condition and be viewed as meeting the expectations of an organization or society.” Leaders are recognized by their capacity for caring for others, clear communication, and a commitment to persist.[9]

Among other characteristics, a leader must also be intelligent, assertive, energetic, and flexible, with initiative, good judgment, and strong personality.

Different components of the IBA have contributed to the development of law, either assisting post-conflict countries to create their regulatory framework or drafting laws, regulations, and codes on different areas of law and practice. Its different publications are well recognized, and its data bank is a source of knowledge for both law students and practicing lawyers. The annual conference and the specialized conferences (more than 50) that the IBA organizes every year represent a unique opportunity to analyze and discuss the latest developments in all the different areas of business and commercial law, as well as public interest topics, while also serving as an excellent networking platform for all members from around the globe.

Here are just a few examples of the IBA’s work that are recognized internationally:

·       the Arbitration Committee guidelines on Conflicts of Interest on International Arbitration[10]; 


·       the Rules on the Taking of Evidence in International Arbitration[11]; 


·       the Anti-Corruption Guidance for Bar Associations and the Handbook on General Agreement on Trade
in Services (GATS) published by the Bar Issues Commission[12];

·       the Anti-Corruption Strategy undertaken by the IBA, the Organization for Economic Cooperation and
Development (OECD), and the UN Office on Drugs and Crime (UNODC)[13]; and 


·       the reports of Task Forces on Climate Change, Justice, and Human Rights[14]; on the Financial Crisis[15]; on
International Terrorism[16]; and on Extraterritorial Jurisdiction.[17]

Moreover, the work of the IBA on human rights through its Human Rights Institute must be praised for the work done around the world supporting the rule of law and its fundamentals.

            The IBA’s work through conferences, special projects, task forces, working groups, publications, and permanent research on the development of law and the challenges faced by the legal profession can be considered as the best or one of the best continuing legal education programs. As a former IBA president used to say, “the IBA offers to its members one of the best master of laws.” 


      Being a member of the IBA for almost 30 years and one of its former leaders, I have witnessed firsthand the ongoing development of the association and its different components, which has been possible because of the commitment and hard work of its leaders and staff, and the support of its members. This understanding is supported by my experience as officer of the IBA (from secretary general to president); my service on the former Section on Business Law (from secretary-treasurer to chair) and the Latin American Regional Forum (founder and chair); and my participation as chair and co-chair of different initiatives, such as the Task Force on International Multijurisdictional Commercial Practice, the Task Force on the restructuring of the IBA regional activities, and the last Committee Review to modify the structure of the association. This experience allowed me to gain in-depth knowledge of the inner workings of the IBA and the leadership shown by its members and officers, which translates into an influential force in the legal profession. Their drive and work are definitely the paramount factor of the success of the organization and the advancement of legality. 


      Analyzing the structure, the leadership, the work, and the different initiatives undertaken by the different components of the IBA, it is evident why it is the global voice of the legal profession.