There are several ways in appointing arbitrators or mediators. This will depend on the circumstances that the parties are in.
Arbitration is principally based on consent. Parties must agree on the appointment of arbitrators. This is similarly applicable to the appointment of mediators. Parties are free to agree on the appointment procedures as well, depending on the arbitration agreement that the parties have entered into.
There are three main organisations in Hong Kong where you can find a list of arbitrators or mediators, namely, The Hong Kong Bar Association, the Law Society of Hong Kong, and Hong Kong International Arbitration Centre (“HKIAC”).
If parties cannot come to an agreement, HKIAC can appoint arbitrators on the behalf of the parties if the parties have chosen to do Institutional Arbitration. If there are no such agreements in regards to appointment of arbitrators, the court will appoint arbitrators for the parties, in accordance with Article 24 of the Arbitration Ordinance (Cap. 609).
Example
Party A and B have each appointed one arbitrator. They cannot come to an agreement in regard to the appointment of the third arbitrator. How should the third arbitrator be appointed?
Normally, in such circumstances, the two appointed arbitrators will appoint the third arbitrator.
Mediation, on the other hand, is not a formalistic process like arbitration. There is no obligation to appoint a mediator even if parties have agreed to mediate. In Hong Kong, the Joint Mediation Helpline Centre provides support services to assist SMEs in the mediation process, including finding a suitable mediator.
Takeaways
You may find a list of arbitrators or mediators by searching through:
- The Hong Kong Bar Association
- The Law Society of Hong Kong
- Hong Kong International Arbitration Centre (“HKIAC”)
References
Hong Kong Bar Association:
https://www.hkba.org/Bar-List/arbitrators
Hong Kong Law Society:
https://www.hklawsoc.org.hk/en/Serve-the-Public/List-of-Legal-Service-Providers/Panel-of-Arbitrators
Hong Kong International Arbitration Centre :
https://www.hkiac.org/arbitration/arbitrators/panel-and-list-of-arbitrators
Joint Mediation Helpline Centre – SME Dispute Resolution Centre:
https://www.jointmediationhelpline.org.hk/SME_Dispute_Resolution_Centre.html
