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| Article
6.
Compliance Review |
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| (1) |
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The HKIAC shall, within three
(3) calendar days of receiving the fees in connection with a Complaint,
examine the Complaint for compliance with the Dispute Resolution
Policy, the Rules of Procedure and these HKIAC Supplemental Rules
and shall notify the Complainant of any deficiencies, if any, therein.
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(2) |
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Complainant shall remedy any deficiencies identified by the HKIAC
within five (5) calendar days, failing which the arbitration proceedings
will be deemed withdrawn in accordance with Paragraph 4(b) of the
Rules of Procedure.
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Article 7.
The Response
| (1) |
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Within twenty (20) calendar
days of the date of commencement of the arbitration proceeding the
Respondent shall submit five (5) copies of a Response using Form
B hereto the HKIAC.
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(2) |
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In accordance with Paragraph 5(b)(vii) of the Rules of Procedure,
the Respondent shall provide a copy of the Response to the Complainant
at the time it makes its submission to the HKIAC.
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Article 8.
Procedures for the Appointment of Panelists
| (1) |
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The HKIAC shall maintain and
publish on its website http://www.hkiac.org a list of Panelist and
their qualifications. For arbitration proceedings under the Dispute
Resolution Policy, the Rules of Procedure and the HKIAC Supplemental
Rules, the HKIAC shall appoint suitable persons from its list of
Panelists, having regard to:-
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(a) |
the nature
of the dispute; |
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(b) |
the availability of the Panelist(s); |
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(c) |
the identity of the Parties; |
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(d) |
the
independence and impartiality of the Panelist(s); |
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(e) |
any stipulation
in the relevant Registration Agreement; and |
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(f) |
any suggestions
made by the Parties themselves in accordance with Paragraph 6 of the
Rules of Procedure. |
| (2) |
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Where the Complainant has initially
requested a three member Arbitration Panel and no Response was submitted
by the Respondent in accordance with Paragraph 5(a) of the Rules
of Procedure, the Complainant shall be given the option of converting
the three member Arbitration Panel to a single Panelist, within
seven (7) calendar days of being notified by the HKIAC of no response
by the Respondent, failing which a three member Arbitration Panel
shall be constituted.
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(3) |
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If a single Panelist is appointed in accordance with paragraph 8(2)
of these HKIAC Supplemental Rules, the HKIAC shall reimburse to
the Complainant the relevant amount less the HKIAC administrative
fee in accordance with Article 15 of these HKIAC Supplemental Rules.
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Article 9. Impartiality
and Independence
| (1) |
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Panelist shall be and remain
at all times wholly independent and impartial, and shall not act
as advocate for any Party during the proceedings.
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(2) |
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Prior to appointment, any proposed Panelist, and after appointment,
a Panelist, shall declare in writing to the Parties and the HKIAC
any circumstances which could give rise to justifiable doubt as
to the Panelist's impartiality or independence or prevent a prompt
resolution of the dispute between the Parties. Except by consent
of the Parties, no person shall serve as a Panelist in any dispute
in which that person has any interest, which, if a Party knew of
it, might lead such Party to think that the Panelist might be not
be impartial or independent.
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(3) |
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After a Panelist has been appointed, but before rendering a decision,
the Panelist dies, is unable to act, or refuses to act, the HKIAC
shall, upon written request by either Party, appoint a replacement
Panelist from the HKIAC's list of Panelists.
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(4) |
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A Party may challenge a Panelist's impartiality or independence
by filing a written request to the HKIAC within seven (7) calendar
days of the date of receipt of the notice of appointment of the
Panelist in question, stating the circumstances likely to give rise
to justifiable doubt as to the relevant Panelist's impartiality
or independence, together with specific reasons therefore. The HKIAC,
in its sole discretion, shall decide whether such doubts are justified,
and if the HKIAC so finds, the HKIAC shall remove the Panelist against
whom the challenge was made and replace such Panelist with another
Panelist from the HKIAC's list of Panelists.
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Article 10. Arbitration
Panel Decisions
| (1) |
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An Arbitration Panel shall
make its decision in writing and shall state the reasons upon which
the decision is based. The decision shall be dated and signed by
the member of the Arbitration Panel according to the requirements
set forth in Paragraph 15 of the Rules of Procedure.
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(2) |
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The Arbitration Panel shall forward its decision to the HKIAC within
twenty-one (21) calendar days of its appointment.
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(3) |
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The HKIAC shall within three (3) calendar day's
of its receipt of a decision from an Arbitration Panel forward copies
of the decision to the Parties and the HKDNR. |
Article 11. Correction
of Arbitration Panel Decisions
| (1) |
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(1) Within Seven (7) calendar
days of receiving a decision of an Arbitration Panel, a Party may
by written notice to the HKIAC, the other Party, the Arbitration
Panel, the Registrar(s) and the HKDNR, request the Arbitration Panel
to correct in the decision any errors in computation, any clerical
or typographical errors or any errors of a similar nature. To the
extent to which the Arbitration Panel believes such corrections
are justified. It shall make such corrections in writing and shall
forward same to the Parties with copies to the HKIAC and the HKDNR
within three (3) calendar days of a request and such corrections
shall become part of the Arbitration Panel's decision.
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(2) |
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An Arbitration Panel may on its own initiative within seven (7)
calendar days of the date a decision is rendered make corrections
of the type referred to in Article 11(1) above and shall forward
copies of such corrections to the HKIAC and HKDNR within such seven
(7) calendar days. Such corrections become part of the Arbitration
Panel's decision.
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