AALCO Hong Kong Regional Arbitration Centre
Service

MEDIATION

Mediation is a voluntary and private process in which a properly trained, impartial, and independent mediator facilitates the parties in dispute, reaching an amicable settlement that is responsive to their needs and acceptable to all parties.

Work towards settlement while keeping relationships intact.

Terms of Empanelment

Terms of Empanelment on the AALCO-HKRAC Panel of Mediators

Persons empanelled on the AALCO-HKRAC Panel of Mediators 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.

General Terms

  • 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 one event hosted by AALCO-HKRAC (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 Mediators.
  • 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 Mediation Proceedings

All AALCO-HKRAC panel members shall conduct mediation 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 mediation 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 mediation 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 shall not accept any gift or substantial hospitality, directly or indirectly, from any party to the mediation 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 mediation proceedings.
  • A panel member shall be faithful to the relationship of trust and confidentiality inherent in that office. A panel member shall inform mediation parties of that mediation process shall be confidential, including any private meetings (caucuses).
  • A panel member should inform parties to mediation of their rights to withdraw from mediation at any time and for any reason. If a panel member believes that parties are unable or unwilling to participate effectively in the mediation process, the mediator should suspend or terminate the mediation according to the AALCO-HKRAC Mediation Rules.
  • Panel members should be courteous, act in good faith, and not unduly delay proceedings.

Application Form

Panel(s) Applied For

Panel(s) Applied For

(Select one or more)

Personal Details

Personal Details

Title
Surname
First Name(s)
Date of Birth
Nationality
Place of Birth
Company Website
Company / Business Name
Contact Number
Company / Business Address
Residential Address
Email Address
Current Professional Activities and Position(s)
Mediation Training & Qualifications

Mediation Training & Qualifications

AALCO Mediation Training — Date
AALCO Sports Mediation Training — Date
Passed AALCO Mediator Assessment — Date

Attach certificate if available in the file upload section below.

Admission to Legal Profession

Admission to Legal Profession

Please list any jurisdiction in which you are a legal professional or authorised practitioner.

Jurisdiction
Year Obtained
Area of Expertise

Area of Expertise

Others (please specify)
Professional Memberships

Professional Memberships

Please list any professional memberships you hold that are relevant to this application.

Professional Body
Type of Membership
Year Obtained
Academic Qualifications

Academic Qualifications

Please list any relevant academic qualifications (e.g. undergraduate or postgraduate degree, diploma, etc).

Organisation and Qualification
Grade
Year Obtained
Mediation Experience

Mediation Experience

Acted as a Mediator*

1st Appointment (please specify year)
No. of Appointments as a Mediator
Other Dispute Resolution Experience

Please provide a description of the type (e.g. online dispute resolution or use of LawTech) and duration of experience, number of appointments, number of decisions rendered (if any), institutional affiliations and any other relevant information.

Languages

Languages

Please specify all your language proficiencies (including English). Scale: E = Excellent, G = Good, F = Fair

Language
Writing
Speaking
Technical Terminology
Additional Details

Additional Details

General Availability to Accept Appointments
Established and Recognised Reputation in Your Field

Please list any professional recognition(s) (e.g. awards, rankings in professional directories, etc.) you have achieved during the course of your career.

Additional Information (optional)

Please provide any additional information relevant to your application.

Upload Files

Please also email your up-to-date resumé and any supporting documents toenquiry@aalcohkrac.org.

Notes

Notes

Please fill in all sections in block letters. If there is insufficient space, provide details on a separate A4 sheet in the same format. In case any section of the form is not applicable, please put in N/A.

Upon satisfactory assessment I authorise AALCO-HKRAC to use information that I have submitted for the purposes of promoting and administering mediation and other alternative dispute resolution proceedings.

Personal Data (Privacy) Ordinance Notice

Personal Data (Privacy) Ordinance Notice

Persons who supply data in their application to the AALCO Hong Kong Regional Arbitration Centre (AALCO-HKRAC) are advised to note the following points pursuant to the Personal Data (Privacy) Ordinance of Hong Kong.

  • Personal data provided in this application form will be used solely for the purpose of assessment for AALCO Hong Kong Regional Arbitration Centre panel listing, and in this connection the data herein will be dealt with by the AALCO-HKRAC staff and/or by the relevant committee members.
  • After an application for assessment has been duly processed, the application papers of the candidates will be retained in a file established by the AALCO-HKRAC for each applicant. Such information will be retained by AALCO-HKRAC for as long as it deems necessary or useful.
  • Under the provisions of the Personal Data (Privacy) Ordinance, an applicant has the right to request access to, and the correction of, his/her personal data as retained by the AALCO-HKRAC. Applicants wishing to access or make corrections to their data should submit written requests to the AALCO-HKRAC.
Declaration

Declaration

Please sign below to confirm your agreement to the disclosure of the information contained in the application and your confirmation of its accuracy.

Signature *

Sign here

Full Name (in print)
Date

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Clauses

AALCO-HKRAC model mediation clause

Mediation RulesMore Clauses

Model Mediation Clause

Any disputes or differences arising out of or in connection with this contract (including any subsequent amendments to this contract) shall first be referred to mediation in accordance with the Mediation Rules of the AALCO Hong Kong Regional Arbitration Centre.

Med–Arb Escalation Clause

If the mediation is abandoned by the mediator or otherwise concluded without resolving the dispute or difference, then such disputes or differences shall be referred to and resolved by arbitration in accordance with the AALCO Hong Kong Regional Arbitration Centre Platform Arbitration Rules in force at the time of filing the Request for arbitration. Any disputes about whether the mediation was duly attempted to fulfil the pre-arbitration requirement shall be treated as a matter of admissibility, and shall be finally decided by the arbitral tribunal.