Arbitrators

Arbitrator Appointment Committee

HKIAC Arbitrator Appointment Committee

List of Members

(Approved by the Council of the HKIAC on 13 October 2009)

Mr. Huen Wong (Chairman)
Mr. John Budge
Ms. Kathryn Sanger
Mr. Christopher To
Mr. Philip Yang
Ms. Chiann Bao (ex officio)

HKIAC Arbitrator Appointment Committee - Terms Of Reference

(Approved by the Council of the HKIAC on 13 October 2009)

The Arbitrator Appointment Committee (“the Appointment Committee”) is established as a committee of the Hong Kong International Arbitration Centre (“HKIAC”) and these terms of reference are subject to the Memorandum and Articles of Association of the HKIAC.
The aims of the Committee are :
- to advise the HKIAC Council in respect of the matters and procedures in the discharge and performance of functions by the HKIAC, whether under the Arbitration Ordinance and other arbitration rules or procedures or otherwise, in relation to the appointment of arbitrators, the decisions on number of arbitrators, and the matters associated therewith;
- to nominate arbitrator(s) in individual cases, for consideration by the HKIAC Council as regards the selection of arbitrator(s) for appointment, when the HKIAC Council is called upon to appoint arbitrator(s);
- to recommend in individual cases for consideration by the HKIAC Council as regards the decision on the number of arbitrator(s), when the HKIAC Council is called upon to make a decision on the number of arbitrator(s);
- to exercise the powers as may be designated from time to time by the HKIAC Council, in relation to the performance of functions to be performed by the HKIAC Council under the HKIAC Administered Arbitration Rules (“the Rules”) in accordance with Article 3.3 of the Rules or under other arbitration rules or procedures.
The Committee shall comprise no more than eight (8) persons, composed of the following:-
- Chairman of the HKIAC;
- No more than six (6) other members of the HKIAC Council who are appointed by the HKIAC Council to the Committee; and
- The Secretary-General of the HKIAC, as an ex officio member.
The HKIAC Council shall have the power to fill a casual vacancy on the Committee due to the termination of office of a member appointed by the HKIAC Council.
The Committee shall have a Chairman. The Chairman shall be appointed by HKIAC Council and shall be a member of the HKIAC Council and shall be amongst the members of the Committee appointed by the HKIAC Council.
The term of office of a member appointed by the HKIAC Council, including the Chairman, shall be of 1 year, which may be renewed.
During the term of office, members of the Committee shall not accept appointment by the HKIAC as an arbitrator in any arbitration, unless he or she is nominated by a party for appointment and there is no objection from the other party or parties.
The quorum at Committee Meetings shall be three (3).
Any matter coming before a Committee meeting which requires a vote shall be decided by a simple majority of those Committee members present. Each member of the Committee shall be entitled to one vote on all matters requiring a vote at Committee meetings, save that the Chairman of a meeting shall have a casting vote.
The Chairman or any one (1) Committee members may call for a meeting of the Committee. Members of the Committee shall be entitled to at least 24 hours written notice of any meeting of the Committee which notice may be subject to waiver by the Committee Members.
The Chairman shall preside over all meetings of the Committee at which the Chairman is present and, in the absence of the Chairman, the members of the Committee present shall elect from amongst themselves a person to chair the meeting.
The Chairman of the Committee shall report to the HKIAC Council from time to time on the activities of the Committee.
A Committee member shall be deemed to be present at a meeting of the Committee if he participates by telephone or other electronic means and all Committee members participating in the meeting are able to hear each other.
Other than as provided for in these Terms of Reference, the Committee shall organise its meetings as it shall see fit from time to time.
The Secretary-General of HKIAC and his staff shall render administrative and secretarial assistance to the Committee.
The Secretary-General or in his absence a member of the Committee shall compile and maintain minutes and records of the Committee meetings.
In the event of any discrepancy between the Memorandum and Articles of Association of HKIAC and these Terms of Reference or any amendment thereto, precedence shall be given to the Memorandum and Articles of Association of the HKIAC.
The Committee may refer at any time to the HKIAC Council, through the Secretary-General, a proposal to revoke or amend these Terms of Reference, but such revocation or amendment shall not take effect unless and until approved by the HKIAC Council. Notwithstanding anything else herein contained, the HKIAC Council reserves the right to revoke or amend these Terms of Reference on its own initiative at any time and in any manner it deems appropriate.

(Last Updated on 9 September 2009)