Survey open: Arbitration – Mediation – Arbitrator by same individual
Practitioners in international arbitration and mediation are welcomed to to take part in a survey under the auspices of the Hong Kong Polytechnic University. The survey concerns use of Arb/Med/Arb in international commercial arbitration where the same person serves in all three stages of the Arb/Med/Arb process.
Arb-Med-Arb as used in this questionnaire means as follows: the parties first commence an arbitration with an individual appointed as Arbitrator. Then, this arbitration is suspended in order to proceed to facilitative mediation with the same individual serving as Mediator. If this mediation is successful, the parties’ dispute is settled. If this mediation fails, the arbitration resumes with the same individual reprising the role as Arbitrator.
The survey aims to investigate among others whether this mechanism is much used and whether there is a potential conflict of interest.
Fill in the questionnaire here.