Terms of Reference

Approved by the Council of the HKIAC on 6 September 2006

Terms of Reference
(approved by the Council of the HKIAC on 6 September 2006)

Introduction

The Hong Kong International Arbitration Centre Mediator Accreditation Committee ("the 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.

1. Aims

The aims of the Committee are:

1.1 to establish, keep under review and safeguard the professional standards of training and experience required for persons to be accredited and included on the panels of mediators, assessors and family supervisors established and maintained by the Committee;

1.2  to establish and maintain panels of mediators, assessors and family supervisors who have met the requirements established by the Committee from time to time for accreditation and inclusion thereon;

1.3  to liaise with educational, learned societies and professional associations on issues pertaining to the development and training of mediators, assessors and family supervisors;

1.4  to assess the suitability of training courses and assessments, in the light of the standards established by the Committee from time to time, for persons to be accredited and included on the panels above;

1.5  to establish complaint procedures and deal with disciplinary actions with regard to persons included on the panels above.

2. Committee

2.1  The Committee shall comprise no more than 11 persons.

2.2  The HKIAC shall invite the following organizations (hereinafter referred to as ("the organizations") to nominate one person each to be a member of the Committee for approval by the HKIAC Council.

a.  the Secretary for Justice;
b.  the Chief Judge of the High Court;
c.  the Ombudsman;
d.  the Director of Home Affairs; and
e.  the Director of Legal Aid.

2.3  The HKIAC Council shall appoint six persons including the Chairperson.

2.4  The HKIAC Council shall have the power to fill a vacancy on the Committee arising from: 

a .  any vacancy unfilled within 2 months of invitation in writing to the organizations named in Section 2.2;
b.  the termination of office of a member appointed or approved by the HKIAC Council;
c.  the removal of any member by the HKIAC Council; or
d.  the death or incapacity of any member

2.5  a. The maximum period which any member may serve is 12 years.
       b.  No single term of service may exceed 6 years.
      c.  After 6 years of continuous service a committee member may not serve for at least 2 years before further re-nomination.

2.6  All members of the Committee, whether appointed by HKIAC Council or nominated by the organizations and approved by the HKIAC Council, shall serve in a personal capacity and act in a completely independent manner to uphold and maintain the aims of the Committee and shall not owe allegiance to any other body, organization or association.

2.7  The Committee shall have a Chairperson, appointed by HKIAC Council from amongst the members of the Committee appointed by the HKIAC Council. The Chairperson shall be a member of HKIAC Council.

2.8  The Committee shall have a Vice-Chairperson appointed by the Committee and approved by the HKIAC Council.

2.9  The quorum at Committee Meetings shall be five.

2.10   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 Chairperson, or in his absence, the Vice-Chairperson or, in the absence of both the Chairperson and the Vice-Chairperson, the Convenor shall have an additional casting vote.

2.11  The Chairperson or any three (3) 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.

2.12  The Chairperson shall preside over all meetings of the Committee at which the Chairperson is present and in the absence of the Chairperson, the Vice-Chairperson shall preside. If both the Chairperson or the Vice Chairperson are absent, the members present at the Committee meetings shall appoint amongst themselves a Convenor who shall preside.

2.13  The Committee may establish sub-committees, working parties or other ad hoc bodies to assist in its functions, but all such bodies shall be directly responsible to the Committee. The Committee may create and provide rules for the operation, changes in structure or mandate or cessation of such sub-committees, working parties or other bodies as the Committee deems appropriate from time to time. Co-opted members appointed by the Committee may be invited from time to time to be part of these sub-committees, working parties or other ad-hoc bodies to assist in its functions.

2.14  The Chairperson or in his absence, the Vice-Chairperson of the Committee shall report to the HKIAC Management Committee from time to time on the activities of the Committee.

2.15  Other than as provided for in these Terms of Reference, the Committee shall organize its meetings from time to time as it shall see fit.

3. Secretariat

3.1  The Secretary General of HKIAC and her staff shall render administrative and secretarial assistance to the Committee.

3.2  The Secretary General, or in her absence a member of the Committee, shall compile and maintain minutes and records of the Committee meetings.

4. Status of These Terms of Reference

4.1  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 HKIAC.

4.2  The Committee may refer at any time to 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.

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