3. Where do I find Arbitrators or Mediators?
There are a number of organizations in Hong Kong which provide lists of arbitrators and mediators. The major providers are: the Hong Kong Bar Association, the Law Society of Hong Kong and the Hong Kong International Arbitration Centre (“HKIAC”).
The parties have to agree to appoint the same arbitrator or mediator before the arbitration or mediation can commence.
In ad hoc proceedings, the HKIAC is authorized to carry out two important functions in relation to an arbitration:
- HKIAC may appoint arbitrators or umpires where the parties have failed to agree or have not designated an appointing authority or the designated appointing authority fails to carry out its function.
- HKIAC may determine whether a tribunal of one or three arbitrators should consider a dispute under the international (UNCITRAL Model Law) regime. (Where an arbitration falls within the domestic regime, unless the parties have agreed otherwise there shall be only one arbitrator).
Mediation, however, is a voluntary process and no party can be forced to go to mediation and no party can be forced to appoint a particular mediator.