Arbitrators

Complaints against Arbitrators

Guidelines in relation to Complaints against an Arbitrator on HKIAC Panel of Arbitrators

If any person is dissatisfied with the conduct of an arbitrator included on HKIAC Panel of Arbitrators and wishes to lodge a complaint, the complaint should be made in writing and should be addressed to the Secretary-General of HKIAC. If a complaint is received, HKIAC Secretariat (the Secretariat) shall acknowledge receipt of the complaint and inform the Panel Selection Committee.

• The Panel Selection Committee, having reviewed the written complaint, shall decide if it is necessary to seek the comments of the arbitrator against whom the complaint is made (the Arbitrator). If the Panel Selection Committee decides to seek the Arbitrator's comments, the Secretary-General shall notify the Arbitrator, in writing, that a complaint has been made, and request that the Arbitrator submit in writing within twenty-one (21) days of the notification by the Secretary-General any comments the Arbitrator might wish to make in response to the complaint. As soon as possible thereafter, the Secretary-General shall forward the written complaint and the Arbitrator's comments to the Panel Selection Committee.
• The Panel Selection Committee shall decide whether the complaint should be referred to HKIAC Court of Arbitration (the Court) for a decision. In all cases where the Panel Selection Committee decides to refer the complaint to the Court, the Arbitrator's comments shall be requested. If the Panel Selection Committee decides that the complaint should be referred to the Court, the Secretariat shall refer the complaint and the Arbitrator's comments to the Court.
• The Court will then decide whether the complaint is justified and will report its decision to the Panel Selection Committee. The Court's decision shall be final.
• If the Court decides that the complaint is justified, the Panel Selection Committee shall then decide whether the Arbitrator shall be removed from the Panel. The Panel Selection Committee's decision shall be final.
• If the Panel Selection Committee decides not to refer the complaint to the Court for a decision, HKIAC Secretariat shall so inform the complainant.

Should the complainant wish to appeal against the decision of the Panel Selection Committee not to refer the complaint to the Court, the complainant shall notify the Secretary-General in writing within 14 days of being informed of the Panel Selection Committee's decision. The Secretary-General shall then forward the appeal to the Chairperson of the Court for the Chairperson's decision. The Chairperson shall consult with such other members of the Court as the Chairperson deems necessary in reaching a decision. The decision of the Chairperson of the Court shall be final and shall be notified to the Panel Selection Committee.

If the Chairperson decides that the complaint is justified, the Panel Selection Committee shall then decide as in (d) above.

The Panel Selection Committee may at any time review the listing of any member of the HKIAC Panel of Arbitrators if it receives information which calls into question the suitability of continual listing of any panel member.

In particular, if it comes to the notice of the Panel Selection Committee that a panelists has been removed or suspended from the panel of any other arbitral organization or has been removed or criticised by any state court, the Panel Selection Committee shall then decide as in (b) to (e) above.