Hong Kong - HKIAC Launches Arbitration Evaluation System.
Legal News & Analysis – Asia Pacific - Hong Kong – International Arbitration
28 July, 2015
The Hong Kong International Arbitration Centre (HKIAC) is pleased to launch a new system that allows users to evaluate the conduct of their arbitral proceedings and the performance of their arbitrators. This system is part of HKIAC’s continuing efforts to draw on users’ feedback to appoint fair and competent arbitrators and to perfect HKIAC’s case administration services.
A party to an HKIAC-administered arbitration or an ad hoc arbitration conducted at HKIAC will now be able to rate its satisfaction with HKIAC’s services and facilities on a scale of one to five. The party will also be able to rate a number of qualifications of the arbitral tribunal and emergency arbitrator (if any), such as general preparation, familiarity with the applicable laws and rules, the ability to facilitate a fair, neutral and effective process, case management, communication and decision-making skills. Similarly an arbitrator or emergency arbitrator will also be able to rate HKIAC’s services and, when relevant, give feedback on the performance of fellow arbitrators.
The evaluation system comprises eight forms designed for parties, arbitrators or emergency arbitrators in different types of proceedings. These forms are available here and should take no more than 10 minutes to complete.
The completed forms will be submitted only to HKIAC and any feedback collected will be treated with the strictest confidence. HKIAC will however retain the right to publish statistics compiled on the basis of information collected. In such circumstances, all names, case details and other identifying factors will be withheld. This allows users to provide honest feedback and ensures the ability of an arbitrator or emergency arbitrator to make independent decisions is not affected by any public rating.
The launch of the evaluation system responds to the preferences expressed in the 2010 Queen Mary International Arbitration Survey. The Survey indicated that corporations were looking for greater transparency regarding arbitrator availability and performance. 75% of respondents wanted to assess arbitrators at the end of a dispute and 76% of them would like to report to the arbitral institution. Cognisant of this need, HKIAC’s evaluation system provides a rare opportunity for users to submit valuable information about their arbitration experience with an arbitrator and HKIAC.
Catherine Rogers, Founder and CEO of Arbitrator Intelligence, applauds HKIAC’s effort and says “parties increasingly look to arbitral institutions to provide some assurance that their arbitral tribunals function fairly and effectively. Through the HKIAC’s innovative initiative seeking detailed feedback from parties, this institution is creating tools to ensure that it can meet that challenge”.
The receipt of completed evaluation forms will enable HKIAC to improve its services and to appoint qualified arbitrators – two aspects central to HKIAC’s commitment to maintaining the highest standards in dispute resolution services.
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