AALCO HONG KONG REGIONAL ARBITRATION CENTRE (“AALCO-HKRAC”)
TERMS OF EMPANELMENT ON THE AALCO-HKRAC PANEL OF ARBITRATORS
Persons empanelled on the AALCO-HKRAC Panel of Arbitrators agree to adhere to the following Terms of Empanelment. AALCO-HKRAC reserves the right to cancel a panel member’s appointment at any time, especially if there is any failure to adherence to the Terms of Empanelment or refusal to follow the lawful directions of AALCO-HKRAC.
- The Commencement Date of a new or renewed empanelment shall be specified by the AALCO-HKRAC.
- Subject to extension or earlier termination by AALCO-HKRAC, each panel member shall be empanelled with the AALCO-HKRAC, for an initial period of up to one (1) year, ending on 31 December of the calendar year, and if successfully renewed will normally be for a further two (2) years term thereon, and thereafter for further three (3) years terms if successfully renewed each time, all subject to the discretion of AALCO-HKRAC.
- During each period of empanelment, each panel member shall (a) support and engage with the AALCO-HKRAC by joining in actively promoting the use of the model disputes resolution clauses of AALCO-HKRAC and share relevant anonymized statistics with AALCO-HKRAC, (b) each calendar year attend at least the AALCO-HKRAC Annual Arbitration Forum or one (1) seminar (either virtual or in-person) hosted and designated by AALCO-HKRAC as a qualifying seminar for this purpose; and (c) comply with all relevant principles and guidelines AALCO-HKRAC may publish from time to time.
- E-Certificates of Empanelment will be provided to each panel member.
- Any applications for empanelment renewal should generally be submitted for consideration at least three (3) months prior to the expiry of the empanelment period. Otherwise, this may result in a lapse of empanelment and the removal of the relevant panel member from the AALCO-HKRAC Panel of Arbitrators.
- The photo, contact details and resumé provided by panel members as part of the new or renewed empanelment application may be shared with interested parties and published on the AALCO-HKRAC website after approval of the empanelment. Panel members shall therefore ensure that the information provided to AALCO-HKRAC shall be accurate and not misleading. Panel members shall promptly notify in writing the Director of the AALCO-HKRAC of any changes or discrepancies to the published information as soon as practicable.
Ethical Principles for the Conduct of Arbitration proceedings
All AALCO-HKRAC panel members shall conduct arbitration proceedings in accordance with the ethical principles prescribed in these Terms of Empanelment. These ethical principles reflect internationally acceptable norms. Panel members acknowledge that adherence to these ethical principles is imperative to instilling public confidence in arbitration proceedings as a suitable forum for commercial disputes.
- A panel member has an overriding obligation to act fairly and impartially between the parties, at all stages of the proceedings.
- A panel member shall be free from bias and shall disclose any interest or relationship likely to affect his/her impartiality or which might reasonably create an appearance of partiality or bias. This is an ongoing duty and does not cease until the arbitration proceedings have been concluded. Failure to make such disclosure itself may create an appearance of bias and may be a ground for disqualification.
- A panel member shall not permit outside pressure, fear of criticism or any form of self-interest to affect his/her decisions. A panel member shall decide all the issues submitted for determination after careful deliberation and exercising his own impartial judgment.
- A panel member, in communicating with the parties, shall avoid impropriety or the appearance of impropriety. There shall be no private communications between a panel member and any party, regarding substantive issues in the case. All communications, other than proceedings at a hearing, should be in writing. Any correspondence shall remain private and confidential and shall not be copied to anyone other than the arbitrator(s) and parties to the dispute and AALCO-HKRAC, without the agreement of the parties.
- A panel member shall not accept any gift or substantial hospitality, directly or indirectly, from any party to the arbitration proceedings, except in the presence of the other parties and/or with their consent.
- A panel member shall only accept an appointment if that panel member has suitable experience and ability for the case and available time to proceed with the arbitration proceedings.
- A panel member shall be faithful to the relationship of trust and confidentiality inherent in that office.
- Panel members should be courteous, act in good faith, and not unduly delay proceedings.