Hong Kong International Arbitration Centre | |
---|---|
香港國際仲裁中心 | |
22°16′59″N114°09′29″E / 22.283°N 114.158°E | |
Established | 1985 |
Location | Hong Kong |
Coordinates | 22°16′59″N114°09′29″E / 22.283°N 114.158°E |
Website | hkiac.org |
Secretary-General | |
Currently | Joanne Lau [1] |
Since | 2024 |
Chairpersons | |
Currently | David W. RIVKIN and Rimsky YUEN GBM, SC, JP |
Since | 2020 |
Hong Kong International Arbitration Centre | |||||||||
---|---|---|---|---|---|---|---|---|---|
Traditional Chinese | 香港國際仲裁中心 | ||||||||
|
The Hong Kong International Arbitration Centre (HKIAC) is an institution based in Hong Kong,providing alternative dispute resolution services from administered and ad hoc international arbitration to mediation,adjudication and domain name dispute resolution. It was founded in 1985.
The Centre was established in 1985 to promote the use of arbitration and other forms of alternative dispute resolution services in Asia. Formed as a non-profit making company limited by guarantee under Hong Kong law,HKIAC was originally funded with assistance from the business community and the Hong Kong Government. Today,the Centre is independent of both the business community and the Government,and operates with its own budget and funds. [2] It operates under a Council composed of businesses and professionals of several nationalities. Administration of arbitration is conducted by the Secretariat through the Centre's Secretary-General. HKIAC also has an International Advisory Board to provide guidance and advice to HKIAC on a policy level. [3]
HKIAC maintains one of the largest caseloads in the Asia-Pacific region,having handled over 9,000 cases since 1985. In 2016,HKIAC received a total of 460 new cases,out of which 262 were arbitrations,183 were domain name disputes and 15 were mediations. Within the 262 arbitration cases,94 were fully administered by HKIAC,featuring parties from 39 jurisdictions. 87.2% of new administered arbitrations were international cases. [4]
Mediation is a negotiation facilitated by a third-party neutral. It is a structured,interactive process where an impartial third party,the mediator,assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs,rights,and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"),while refraining from providing prescriptive advice to the parties. Due to its voluntary nature,a person cannot be compelled to use mediation to resolve their dispute. However,a suggestion from the Court may be difficult to resist.
The American Arbitration Association (AAA) is a non-profit organization focused in the field of alternative dispute resolution,providing services to individuals and organizations who wish to resolve conflicts out of court,and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered at the Equitable Building in New York City.
The International Chamber of Commerce is the largest,most representative business organization in the world. Its over 45 million members in over 100 countries have interests spanning every sector of private enterprise.
Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation,mediation or arbitration,or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However,ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
The Uniform Domain-Name Dispute-Resolution Policy (UDRP) is a process established by the Internet Corporation for Assigned Names and Numbers (ICANN) for the resolution of disputes regarding the registration of internet domain names. The UDRP currently applies to all generic top level domains,some country code top-level domains,and to all new generic top-level domains.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors and States. ICSID is part of and funded by the World Bank Group,headquartered in Washington,D.C.,in the United States. It is an autonomous,multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016,153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.
Arbitration is a formal method of alternative dispute resolution (ADR) involving a neutral third party who makes a binding decision. The dispute will be decided by one or more persons,which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts,unless all parties stipulate that the arbitration process and decision are non-binding.
Centre for Effective Dispute Resolution (CEDR) is a London-based mediation and alternative dispute resolution body. It was founded as a non-profit organisation in 1990,with the support of The Confederation of British Industry (CBI) and a number of British businesses and law firms,to encourage the development and use of Alternative Dispute Resolution (ADR) and mediation in commercial disputes. CEDR also provides independent alternative dispute resolution for consumers who have problems with traders. Professor Karl Mackie,a barrister and psychologist,became the organisation's Chief Executive and Eileen Carroll QC (hon),a Trans-Atlantic partner with a law firm joined to become the Deputy Chief Executive in 1996. On 12 June 2010 it was announced in the Queen's Birthday Honours that Karl Mackie was appointed a CBE by the UK Government for ‘services to mediation',the first citing of this reason for the award.
The Chartered Institute of Arbitrators is a professional organisation representing the interests of alternative dispute resolution (ADR) practitioners. Founded on 1 March 1915,it was granted a royal charter by Queen Elizabeth II in 1979.
Forum,formerly known as the National Arbitration Forum (NAF) is an American organization that provides arbitration and mediation services to businesses,based at its Minneapolis headquarters and offices in New Jersey. The organization was founded in 1986. As of 2008,the National Arbitration Forum administered over 200,000 cases a year,most of which were consumer debt collection cases. In 2009,the National Arbitration Forum ceased administration of new consumer arbitrations as part of a consent decree with the Attorney General of Minnesota Lori Swanson concerning the NAF's ties with debt collection firms. The company maintains a panel of over 1,600 arbitrators and mediators who are attorneys and former judges located across the United States and in 35 countries around the world. Panelists arbitrate and mediate the disputes.
Alternative dispute resolution (ADR),or external dispute resolution (EDR),typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However,ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
The Beijing Arbitration Commission (BAC) is an independent non-profit organization based in Beijing offering services in arbitration,mediation,and other dispute resolution mechanisms. The BAC was established in 1995 following the passage of the Arbitration Law of the People's Republic of China. In accordance with the theories of other ADR channels,the BAC encourages arbitration and mediation forums as "win-win" alternatives to litigation. The BAC serves both domestic and international clients. An article in Business China declared the Beijing Arbitration Commission (BAC) as "the only local arbitration commission which meets or surpasses global standards.”
The Arab Chamber of Commerce and Industry (ARABCCI) or (ArabCham) in Hong Kong was established in 2006 to promote commercial ties between Hong Kong and Greater China with the Arab world. The Arab Chamber of Commerce is a not for profit organisation,The President is Edwin Hitti.
Douglas Samuel Jones,is an independent international arbitrator based in London,Sydney and Toronto. He is a door tenant at Atkin Chambers,London,a member of Sydney Arbitration Chambers,and a member of Toronto Arbitration Chambers in Toronto,Canada. He serves as an International Judge of the Singapore International Commercial Court.
Singapore Mediation Centre (SMC) is a not-for-profit organisation structured as a company limited by the guarantee of the Singapore Academy of Law.
David W. Rivkin is an independent arbitrator affiliated with Arbitration Chambers. For more than 40 years,Mr. Rivkin practiced private and public international law at Debevoise &Plimpton LLP,where he served as co-chair of its International Dispute Resolution Group for more than 20 years and was a founder of its Business Integrity/ESG Group. He now serves as a full-time arbitrator and mediator,focusing on complex international commercial arbitrations and investor-state disputes.
Teresa Cheng Yeuk-wah is a Hong Kong Senior Counsel,arbitrator and politician. She served as Secretary for Justice of Hong Kong from 2018 to 2022. She was also the chairperson of the Financial Dispute Resolution Centre,the Hong Kong International Arbitration Centre (HKIAC) and vice-president of the International Council of Commercial Arbitration (ICCA).
Madeline Kimei is a Tanzanian legal expert,arbitrator and mediator practicing commercial and corporate law. She currently serves as President of the Tanzania Institute of Arbitrators (TIArb). She is considered the first woman in Tanzania to start an online platform dealing with dispute resolution called iResolve which she launched in 2015. She is specialized in providing corporate and commercial legal support,counsel for domestic and international arbitration,commercial mediation and dispute management specialist.
The legal industry refers to the aggregation and integration of sectors within the economic system that provide legal goods and services. The global legal industry is fast-growing:in 2015,it was valued at USD 786 billion,USD 886 billion by 2018 and is expected to exceed USD 1 trillion by 2021. The United States and Europe dominate the legal industry,with the former accounting for more than half of the global market revenue. Meanwhile,Europe accounts for more than a quarter of revenue. Legal services in the Asia-Pacific region continues to grow,with total revenues of $103.3 billion in 2018.
International Arbitration and Mediation Centre (IAMC) as proposed by the International Arbitration and Mediation Centre Trust is an autonomous body which was inaugurated in Hyderabad by Chief Justice of India NV Ramana and Telangana Chief Minister K. Chandrasekhar Rao. It is fourth centre of its kind after ones in Dubai,London and Singapore. The institution acts as mediator or arbitrator for contract value of more than 30 million Indian rupees (393,000 USD) in case of dispute involving any entity owned or managed by Government of Telangana.