Where the parties agree on a mediator and the proposed mediator is willing to serve, they will notify HKIAC. The mediation shall then proceed in accordance with the HKIAC Mediation Rules ("the Rules") provided that the parties have stipulated in their contract, or by agreement, to adopt the Rules. If the parties fail to agree within the time stipulated in the Rules, they will notify HKIAC by completing and submitting Form M with a copy provided to the other Party. Proof of documentary service to the other party must be furnished to HKIAC. HKIAC shall, upon such verification, appoint a single accredited mediator who is prepared and qualified under the Rules. Upon receipt of an application to appoint a mediator or mediators pursuant to the Rules, HKIAC shall appoint a suitable person, having regard to:-
- the nature of the dispute;
- the availability of mediator(s);
- the identity of the parties;
- the independence and impartiality of the mediator(s);
- any stipulation in the relevant agreement; and
- any suggestions made by the parties themselves.
When HKIAC has made a decision, it shall notify the parties and the mediator accordingly.
HKIAC may request parties to submit further information within 14 days. Where a party fails or refuses to supply the information within the specified time, HKIAC may make a decision on the basis of the information available.