15 Dec 2022
- If any person is dissatisfied with the conduct of an arbitrator included on any HKIAC panel or list of arbitrators and wishes to lodge a complaint against that arbitrator, the complaint shall be made in writing and addressed to the Secretariat of HKIAC at email@example.com.
- If a complaint is received, the Secretariat shall acknowledge receipt of the complaint and forward the complaint to the Appointments Committee. Click here to view a list of members of the Appointments Committee.
- The Appointments Committee, having reviewed the complaint, shall decide if it is necessary to seek the comments of the arbitrator or the other parties in the arbitral proceedings.
- If the Appointments Committee decides to seek comments, the Secretariat shall notify the arbitrator or other parties of the complaint and request that they submit in writing any comments in response to the complaint within 14 days or any other period so specified. As soon as possible after receipt of the comments, the Secretariat shall forward the same to the Appointments Committee.
- The Appointments Committee may request further written comments from the complainant, the arbitrator or other parties if it considers appropriate.
- The Appointments Committee will decide whether the complaint has been established after consideration of any comments requested under paragraph 4 or 5 above. If the Appointments Committee decides that the complaint has been established, it shall exercise its discretion as to what sanctions to order against the arbitrator. Such sanctions may include (but are not limited to):
(a) written warnings or censure;
(b) suspension from any HKIAC panel or list of arbitrators; or
(c) removal from any HKIAC panel or list of arbitrators.
- Unless otherwise agreed by the complainant and the arbitrator or required by any applicable law, all documents, information and decisions submitted or produced in respect of the complaint shall be confidential.
- Where no complaint has been made but the Appointments Committee is aware of any information which calls into question the listing of an arbitrator on any HKIAC panel or list of arbitrators, the Appointments Committee may at any time review that listing and determine whether to order any sanctions referred to at paragraph 6 above after consideration of any comments from the arbitrator concerned.
- The Appointments Committee has no obligation to give reasons for any decision it makes under paragraph 6 or 8 above.
- All decisions made by the Appointments Committee are final and, to the extent permitted by any applicable law, not subject to appeal.