.hk Domain Name Dispute Resolution
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Dispute Information

  • Panelists

Hong Kong International Arbitration Centre
Domain Name Dispute Resolution Panel Selection Committee

TERMS OF REFERENCE
(approved by the Council of HKIAC on Jun 26, 2001)

INTRODUCTION

The Hong Kong International Arbitration Centre Domain Name Dispute Resolution Panel Selection Committee ("the Committee") is established as a committee of the Hong Kong International Arbitration Centre ("HKIAC") and these terms of reference are subject to the Memorandum and Articles of Association of the HKIAC.


1. AIMS

The aims of the Committee are :-

  • to establish and maintain panels of arbitrators and/or neutrals for domain name dispute resolution consisting of those who have met the requirements established from time to time by the Committee;
  • to establish, keep under review and safeguard professional standards of training and experience required by persons in order for them to be included on a panel of arbitrators and/or neutrals for domain name dispute resolution established and maintained by the Committee;
  • to consult with the Hong Kong Institute of Arbitrators ("HKIArb") and the Chartered Institute of Arbitrators - East Asia Branch ("CIArb") on issues pertaining to the development and training of arbitrators and/or neutrals for domain name dispute resolution purposes;
  • in light of the standards established from time to time by the Committee, to assess the suitability and approve domain name dispute resolution and electronic commerce training courses for persons to successfully complete for inclusion on the panels of arbitrators and/or neutrals for domain name dispute resolution established and maintained by the Committee;
  • facilitate the exchange of information and ideas in relation to the qualifications of arbitrators and/or neutrals for domain name dispute resolution purposes and the standards in connection therewith.

2 COMMITTEE

2.1 The Committee shall be comprised of no more than 7 persons, composed of the following :-

  1. Four persons appointed by the HKIAC Council, at least two of whom shall be members of the HKIAC Council;
  2. One person nominated by the HKIArb and approved by the HKIAC Council.
  3. One person nominated by the CIArb and approved by the HKIAC Council.
  4. The Secretary General of the HKIAC shall be an ex-official member.

2.2

  1. The HKIAC Council shall have the power to fill a casual vacancy on the Committee due to the termination of office of a member appointed by the HKIAC Council.
  2. The HKIAC Council shall have the power to fill a casual vacancy on the Committee on the recommendation of the CIArb, in the event of the termination of office of a member appointed by the HKIAC Council on the recommendation of the CIArb committee.
  3. The HKIAC Council shall have the power to fill a casual vacancy on the Committee on the recommendation of the HKIArb, in the event of the termination of office of a member appointed by the HKIAC Council on the recommendation of the HKIArb committee.

2.3

  1. The term of office of a member appointed by the HKIAC Council shall be from the date of the appointment of such member by the HKIAC Council until the earlier of (i) the removal of such member by the HKIAC Council; (ii) the resignation of such member or (iii) the death of such member.
  2. The term of office of a member nominated by the HKIArb and approved by the HKIAC Council shall be from the date of the approval of such member by the HKIAC Council until the earlier of (i) the removal of such member by the HKIAC Council on the recommendation of the HKIArb; (ii) the resignation of such member or (iii) the death of such member.
  3. The term of office of a member nominated by the CIArb and approved by the HKIAC Council shall be from the date of the approval of such member by the HKIAC Council until the earlier of (i) the removal of such member by the HKIAC Council on the recommendation of the CIArb; (ii) the resignation of such member or (iii) the death of such member.

2.4 The quorum at Committee Meetings shall be three.

2.5 The Committee shall have a Chairman. The Chairman shall be appointed by HKIAC Council and shall be a member of HKIAC Council and shall be amongst the members of the Committee appointed by the HKIAC Council.

2.6 Any matter coming before a Committee meeting which requires a vote shall be decided by a simple majority of those Committee members present. Each member of the Committee shall be entitled to one vote on all matters requiring a vote at Committee meetings, save that the Chairman of a meeting shall have a casting vote.

2.7 The Chairman or any one (1) Committee Members may call for a meeting of the Committee. Members of the Committee shall be entitled to at least 24 hours written notice of any meeting of the Committee which notice may be subject to waiver by the Committee Members.

2.8 The Chairman shall preside over all meetings of the Committee at which the Chairman is present and in the absence of the Chairman, the members of the Committee present shall elect from amongst themselves a person to chair the meeting.

2.9 The Committee may establish sub-committees, working parties or other ad-hoc bodies to assist in its functions, but all such bodies shall be directly responsible to the Committee. The Committee may create and provide rules for the operation, changes in structure or mandate or cessation of such sub-committees, working parties or other bodies as the Committee deems appropriate from time to time.

2.10 The Chairman of the Committee shall report to the HKIAC Council from time to time on the activities of the Committee.

2.11 Other than as provided for in these Terms of Reference the Committee shall organise its meetings as it shall see fit from time to time.

3. SECRETARIAT

3.1 The Secretary General of HKIAC and his staff shall render administrative and secretarial assistance to the Committee.

3.2 The Secretary General or in his absence a member of the Committee shall compile and maintain minutes and records of the Committee meetings.

4. STATUS OF THESE TERMS OF REFERENCE

4.1 In the event of any discrepancy between the Memorandum and Articles of Association of HKIAC and these Terms of Reference or any amendment thereto, precedence shall be given to the Memorandum and Articles of Association of HKIAC.

4.2 The Committee may refer at any time to HKIAC Council, through the Secretary General, a proposal to revoke or amend these Terms of Reference, but such revocation or amendment shall not take effect unless and until approved by HKIAC Council. Notwithstanding anything else herein contained the HKIAC Council reserves the right to revoke or amend these Terms of Reference on its own initiative at any time and in any manner it deems appropriate.