Use of arb/med/arb by the same practitioner
The Hong Kong Polytechnic University is undertaking further research following a pilot study several years ago concerning the use of Arbitration/Mediation/Arbitration (AMA) in international commercial arbitration where the same practitioner serves in all three stages of the AMA process. In Hong Kong, it has not been used. Singapore uses two neutrals and two institutions for its arb-med-arb cases. In Australia, arbitrators conducting arbitration both internationally and domestically, have long expressed interest and have some experience in hybrid models of arbitration and mediation. While domestic arbitration is not constrained by enforcement difficulties, there remains the other issues such as the neutral’s potential conflict of interest, possible subconscious bias of the neutral, parties’ trust and parties’ abuse of this hybrid process.
The current research seeks to determine whether, with the passage of time, the stakeholders’ perceptions remain as true today as they did several years ago. Based upon the pilot study’s results, this revised questionnaire consists of 36 questions. Also based upon the pilot study’s feedback, written explanations allow for more detailed elaboration upon the responses. The questionnaire seeks to solicit personal opinions based upon your experience. The responses provided by you will remain confidential and will only be used for academic purposes.
Should you have any questions concerning the administration of the survey or the questionnaire itself, you may contact Assistant Professor of Law, Stephen D. Mau at firstname.lastname@example.org