| (1) |
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The HKIAC shall, within three (3) calendar days of receiving the fees in connection with a Complaint,
examine the Complaint for compliance with the Dispute Resolution Policy, the Rules of Procedure and these HKIAC Supplemental Rules and
shall notify the Complainant of any deficiencies, if any, therein. |
| (2) |
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Complainant shall remedy any deficiencies identified by the HKIAC within five (5) calendar days,
failing which the arbitration proceedings will be deemed withdrawn in accordance with Paragraph 4(b) of the Rules of Procedure. |
| (1) |
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Within twenty (20) calendar days of the date of commencement of the arbitration proceeding the Respondent
shall submit five (5) copies of a Response using Form B hereto the HKIAC. |
| (2) |
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In accordance with Paragraph 5(b)(vii) of the Rules of Procedure, the Respondent shall provide a
copy of the Response to the Complainant at the time it makes its submission to the HKIAC. |
| (1) |
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The HKIAC shall maintain and publish on its website http://www.hkiac.org a list of Panelist and their
qualifications. For arbitration proceedings under the Dispute Resolution Policy, the Rules of Procedure and the HKIAC Supplemental Rules,
the HKIAC shall appoint suitable persons from its list of Panelists, having regard to:- |
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(a) |
the nature of the dispute; |
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(b) |
the availability of the Panelist(s); |
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(c) |
the identity of the Parties; |
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(d) |
the independence and impartiality of the Panelist(s); |
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(e) |
any stipulation in the relevant Registration Agreement; and |
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(f) |
any suggestions made by the Parties themselves in accordance with Paragraph 6 of the Rules of Procedure. |
| (2) |
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Where the Complainant has initially requested a three member Arbitration Panel and no Response was
submitted by the Respondent in accordance with Paragraph 5(a) of the Rules of Procedure, the Complainant shall be given the option of
converting the three member Arbitration Panel to a single Panelist, within seven (7) calendar days of being notified by the HKIAC of no
response by the Respondent, failing which a three member Arbitration Panel shall be constituted. |
| (3) |
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If a single Panelist is appointed in accordance with paragraph 8(2) of these HKIAC Supplemental Rules,
the HKIAC shall reimburse to the Complainant the relevant amount less the HKIAC administrative fee in accordance with Article 15 of these
HKIAC Supplemental Rules. |
| (1) |
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Panelist shall be and remain at all times wholly independent and impartial, and shall not act as
advocate for any Party during the proceedings. |
| (2) |
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Prior to appointment, any proposed Panelist, and after appointment, a Panelist, shall declare in
writing to the Parties and the HKIAC any circumstances which could give rise to justifiable doubt as to the Panelist's impartiality or
independence or prevent a prompt resolution of the dispute between the Parties. Except by consent of the Parties, no person shall serve
as a Panelist in any dispute in which that person has any interest, which, if a Party knew of it, might lead such Party to think that
the Panelist might be not be impartial or independent. |
| (3) |
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After a Panelist has been appointed, but before rendering a decision, the Panelist dies, is unable
to act, or refuses to act, the HKIAC shall, upon written request by either Party, appoint a replacement Panelist from the HKIAC's list
of Panelists. |
| (4) |
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A Party may challenge a Panelist's impartiality or independence by filing a written request to the
HKIAC within seven (7) calendar days of the date of receipt of the notice of appointment of the Panelist in question, stating the circumstances
likely to give rise to justifiable doubt as to the relevant Panelist's impartiality or independence, together with specific reasons therefore.
The HKIAC, in its sole discretion, shall decide whether such doubts are justified, and if the HKIAC so finds, the HKIAC shall remove the
Panelist against whom the challenge was made and replace such Panelist with another Panelist from the HKIAC's list of Panelists. |
| (1) |
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An Arbitration Panel shall make its decision in writing and shall state the reasons upon which the
decision is based. The decision shall be dated and signed by the member of the Arbitration Panel according to the requirements set forth
in Paragraph 15 of the Rules of Procedure. |
| (2) |
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The Arbitration Panel shall forward its decision to the HKIAC within twenty-one (21) calendar days
of its appointment. |
| (3) |
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The HKIAC shall within three (3) calendar day's of its receipt of a decision from an Arbitration
Panel forward copies of the decision to the Parties and the HKDNR. |
| (1) |
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Within Seven (7) calendar days of receiving a decision of an Arbitration Panel, a Party may by written
notice to the HKIAC, the other Party, the Arbitration Panel, the Registrar(s) and the HKDNR, request the Arbitration Panel to correct
in the decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. To the extent to which
the Arbitration Panel believes such corrections are justified. It shall make such corrections in writing and shall forward same to the
Parties with copies to the HKIAC and the HKDNR within three (3) calendar days of a request and such corrections shall become part of the
Arbitration Panel's decision. |
| (2) |
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An Arbitration Panel may on its own initiative within seven (7) calendar days of the date a decision
is rendered make corrections of the type referred to in Article 11(1) above and shall forward copies of such corrections to the HKIAC
and HKDNR within such seven (7) calendar days. Such corrections become part of the Arbitration Panel's decision. |
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