Hong Kong—selecting the arbitrators
Produced in partnership with Shaun Wu of Kobre & Kim (Hong Kong)
Hong Kong—selecting the arbitrators

The following Arbitration guidance note Produced in partnership with Shaun Wu of Kobre & Kim (Hong Kong) provides comprehensive and up to date legal information covering:

  • Hong Kong—selecting the arbitrators
  • Statutory considerations for the HKIAC as appointing authority
  • Suggested criteria for selecting arbitrators
  • Practical steps for parties and counsel

While Practice Note: Hong Kong—appointing the arbitral tribunal deals with the appointment procedure, this Practice Note focuses on the actual criteria for selecting an arbitrator. In practice, selecting the arbitrators is important because they largely determine the way in which the arbitration is conducted.

Statutory considerations for the HKIAC as appointing authority

In appointing an arbitrator, the Arbitration Ordinance, Chapter 609 (AO) requires the Hong Kong International Arbitration Centre (HKIAC) to:

  1. have due regard to any qualifications required of the arbitrator by agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator, and

  2. in the case of a sole or third arbitrator, take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties

Specifically, on receipt of a request by a party for the appointment of an arbitrator under AO, s 24, the HKIAC must appoint a suitable person to be an arbitrator, having regard to (rule 7 of the Arbitrators and Mediators and Decision on Number of Arbitrators Rules 2013, Chapter 609C):

  1. the nature of the dispute

  2. whether the arbitrators who possess the required qualifications would be available to accept the appointment

  3. the identity and nationality of the parties to the arbitration agreement

  4. any considerations in respect of the independence