Questionnaire about Arb-Med-Arb


This is a follow-up survey to the pilot study several years ago concerning the use of Arb/Med/Arb in international commercial arbitration where the same neutral serves in all three stages of the Arb/Med/Arb process.  This follow-up questionnaire has been refined and re-focused based up the results of the pilot study.

 

This questionnaire contains 36 questions.  We estimate that this survey will take approximately 15-20 minutes to complete.

 

Thank you for your participation!

 

Definitions

The definition of Arb-Med-Arb (AMA) as used in this questionnaire: 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 of Arbitrator.

Section 33 of the Hong Kong Arbitration Ordinance (Cap 609) provides:

(1) If all parties consent in writing, and for so long as no party withdraws the party’s consent in writing, an arbitrator may act as a mediator after the arbitral proceedings have commenced.
(2) If an arbitrator acts as a mediator, the arbitral proceedings must be stayed to facilitate the conduct of the mediation proceedings.
(3) An arbitrator who is acting as a mediator—

(a) may communicate with the parties collectively or separately; and
(b) must treat the information obtained by the arbitrator from a party as confidential, unless otherwise agreed by that party or unless subsection (4) applies.

(4) If—

(a) confidential information is obtained by an arbitrator from a party during the mediation proceedings conducted by the arbitrator as a mediator; and
(b) those mediation proceedings terminate without reaching a settlement acceptable to the parties,

the arbitrator must, before resuming the arbitral proceedings, disclose to all other parties as much of that information as the arbitrator considers is material to the arbitral proceedings.
(5) No objection may be made against the conduct of the arbitral proceedings by an arbitrator solely on the ground that the arbitrator had acted previously as a mediator in accordance with this section.

 

Mediation in Hong Kong, as mentioned above, follows the facilitative model.

There are 36 questions in this survey.

A note on privacy
This survey is anonymous.
The record of your survey responses does not contain any identifying information about you, unless a specific survey question explicitly asked for it. If you used an identifying token to access this survey, please rest assured that this token will not be stored together with your responses. It is managed in a separate database and will only be updated to indicate whether you did (or did not) complete this survey. There is no way of matching identification tokens with survey responses.