APPENDIX  I 

Special Committee on Alternative Dispute Resolution 

The focus of the Committee has continued to be furthering the participation of members of the Bar in the arbitration process.  To this end, the Committee was authorised by the Bar Council to compile a list of members who are prepared to act as arbitrators.  This list is to be placed on the Bar Website, to be made available to those who wish to appoint suitably qualified barristers to act as arbitrators.  

This step was taken to address the fact that arbitrators are generally appointed :

(i)	from the list maintained at the HKIAC;
(ii)	by appointing authorities set forth in the agreement to arbitrate, e.g.
the President of the Law Society.
(iii)	by private agreement which has included appointing practising solicitors and 
members of the United Kingdom Bar.

The Committee was of the view that whilst we cannot do anything about (i) and (ii) above, we thought that we could promote the interests of members with regard to (iii) above.

In the Committee's view solicitors' firms will very often be involved in the appointment process in (iii) above and in the experience of members of the Committee, solicitors are reluctant  to recommend solicitors from other firms to their clients to act as arbitrators.  In this context we thought it advantageous for the Bar to have a list of barristers who would be readily available to appointing bodies/persons to act as arbitrators.  

The advantages to members of the Bar are obvious in that it provides work for members of the Bar and additionally provides an avenue by which members of the Bar may gain experience as arbitrators with a view eventually to being included on the HKIAC Panel of Arbitrators.

To this end Bar Circulars Nos. 116/03 and 120/03 have been circulated to members.  The response to these circulars is encouraging.  Compilation of the first list of members to be placed on the Bar Website is now underway.  This is a continuing process and any member at any time may approach the Special Committee to seek inclusion on this list.

As to other matters, the Special Committee has been active in assisting the Bar Council on matters or questions relating to the development of arbitration in Hong Kong; its members represent the Bar on the HKIAC Joint Consultative Committee, and have attended the International Dispute Resolution Seminar organised by the British Consulate.

							
Membership
Robert Whitehead, SC  (Chairman)
Teresa Cheng, SC
Robert Pang
Anthony Houghton
Yeung Ming Tai (as from 8/03)
Russell Coleman
Francis Haddon-Cave (till 7/03)
Gary Soo (as from 8/03)	

							Robert Whitehead, SC
							Chairman
							Special Committee on Alternative
							Dispute Resolution