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HKIAC is in the process of establishing a list of arbitrators who are resident in Hong Kong, satisfy certain qualification and are willing
to accept appointment as arbitrator while do not possess such experience as to enable them to be on the HKIAC panel.
This list of arbitrators would afford those with less experience as arbitrator an avenue for them to promote themselves via the Hong
Kong International Arbitration Centre website (www.hkiac.org) to the general public with the aim of obtaining sufficient experience as arbitrator
to be considered for the Hong Kong International Arbitration Centre (HKIAC) Panel of Arbitrators at a later date.
It should be borne in mind that, when HKIAC exercises its statutory function of appointing an arbitrator where the parties have failed
to agree, HKIAC must maintain its high standards for appointment. The present criteria for inclusion on the HKIAC Panel of Arbitrators can be found
at website www.hkiac.org . If these standards were not maintained, Hong Kong's position as the dispute resolution hub would be in jeopardy.
From a procedural point of view, if the parties request HKIAC to appoint an arbitrator and have not suggested possible names within
the application form (Form 1) for an appointment, HKIAC will inform the parties that HKIAC has a list of arbitrators and for them to consider whether
a person from the list could be suitable for the case on hand and for them to mutually agree the appointment between themselves. Only if the parties
fail to agree from the list of arbitrators would HKIAC appoint from its Panel of Arbitrators.
The preliminary criteria for inclusion on the list of arbitrators are as follows:-
| 1. |
Having sufficient experience in arbitration whether as arbitrator, counsel, expert witness, instructing solicitor or
otherwise. Without prejudice to the generality of the above, Fellowship of HKIArb and CIArb may suffice for the purpose; and |
| 2. |
A resident of Hong Kong; and |
| 3. |
Good character and not having been removed as arbitrator in circumstances where moral probity or incompetence were an
issue; and |
| 4. |
Provision of two references in support of the application. |
Applicants for inclusion on HKIAC List of Arbitrators are required to complete the application form (Form
PA1(L)) together with an up-to-date one page CV and to provide HKIAC with their fee schedule / terms and conditions of appointment.
Completed application forms (Form PA1(L)) together with the up-to-date CV, references
and fee schedule / terms and conditions of appointment are to be submitted to the Secretary-General of HKIAC who will bring them before the Panel
Selection Committee of HKIAC. Applications should preferably be submitted by email to adr@hkiac.org .
The Secretary-General will review all applications to ensure that they meet HKIAC List Selection Criteria and will advise applicants
if the information provided does not merit placing their application before the Panel Selection Committee.
If the Secretary-General is satisfied that the application should be placed before the Panel Selection Committee he will inform the applicant
that his or her application will be tabled at the Panel Selection Committee's next meeting.
HKIAC will write to all applicants informing them of the result of their applications.
Successful listing shall be for a period of three years. All panelists on List are required to review their application by submitting
an up-to-date Form PA1(L) together with an up-to-date one page CV and to provide HKIAC with
their up-to-date fee schedule /terms and conditions of appointments.
The Secretary-General of HKIAC will inform those on the List in writing about their renewal when the time approaches for them to renew.
Removal procedure from HKIAC List of Arbitrators
It can be stated that the duties of an arbitrator are threefold:
1. Duties imposed by the parties;
2. Duties imposed by law; and
3. Ethical duties
HKIAC believes that when arbitrators conduct arbitrations they are under strict moral and ethical obligations to act fairly and impartially
and requires all panelists to adhere to HKIAC Code of Conduct for Arbitrators. If a panelist fails to observe HKIAC Code of Conduct, the Panel Selection Committee may at its discretion remove a panelist without providing
reasons for doing so. The decision of the Panel Selection Committee shall be final. |
