The Commercial Mediation Interest Group of the HKMC is delighted to host a seminar on mediation and arbitration and is most honored to have two experienced speakers in both fields to share their thoughts with us.
Part 1) Mr. Yeung will cover and discuss the Essential Elements in Disputes Resolution Clauses in Mediation and Arbitration. Topics include the parties’ intention, ambit of dispute, place of the resolution process, time frame, applicable rules; appointment and replacement of the neutral party responsible for dispute resolution, constitution of the tribunal/ qualification neutral party, confidentiality, finality & binding effect and enforcement.
Part 2) Mr. Yeung and Mr. So will discuss the pros and cons of Med-Arb especially on the aspects of going to mediation after completion of pleadings, and the means to overcome them. Discussion will continue on the pros and cons of Arb-Med especially on the difficulties (perceived/ actual) of the arbitrator in maintaining a neutral position after receiving confidential information from the mediation, and the way to overcome them.