hk fdrc 6 feb 2013

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Practicing as an International Arbitrator /

Presentation to the Financial Dispute Resolution Centre

David L. KreiderInternational ArbitratorHong Kong - Auckland

6 February 2014

David L. Kreider, International Arbitrator

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Becoming Qualified as anInternational Commercial Arbitrator

• There is no single correct path to the goal.

• Considerable experience as a contentious lawyer is a virtual necessity.

• My own Fast Track to Fellowship “train” was derailed by the SARS epidemic in 2003.


The Chartered Institute of Arbitrators (London) is the Leading Qualifications Body for Arbitrators

• Half of the Institute’s 12,000 members are located outside the UK in some 110 different jurisdictions.

• The largest branch is the East Asia Branch based here in Hong Kong.

• The East Asia Branch ” is defined to mean the geographical area of Hong Kong, Mainland China, Vietnam, Philippines, Korea, Japan, Macau, Mongolia, Taiwan and Indonesia.

• The Hong Kong Institute of Arbitrators is an important local qualifications body.

David L. Kreider, International Arbitrator3

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The “Chicken and Egg” Conundrum

• Attaining “panel appointments” and qualifications requires experience handling arbitration cases.

• But few arbitration cases (“references”) come your way unless you are listed on many arbitration panels and have experience as arbitrator and qualifications.


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Raising Your Professional Profile

• You must “network” – don’t be shy!

• Write articles, speak at conferences (don’t sit quietly in the back).

• To be “interesting” you must be “interested”.

• This may be difficult, at first ….


Travel in the International Arbitration “Circle”

• Leverage and develop your own portfolio of skills, such as foreign languages, maths, science or business.

• Be willing to accept any reference that comes your way (provided there is no conflict of interest).

• Get to know the leading arbitrators and arbitral institutions, and let them get to know and trust you.

•And, always, always remember ….


The Central Principle of Arbitration

• “The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case”. Article 18, UNCITRAL Model Law on International Commercial Arbitration (1985).

• “Subject to these Rules, the arbitral tribunal shall adopt suitable procedures for the conduct of the arbitration in order to avoid unnecessary delay or expense, having regard to the complexity of the issues and the amount in dispute, and provided that such procedures ensure equal treatment of the parties and afford the parties a reasonable opportunity to present their case”. Article 13.1, HKIAC Administered Arbitration Rules (2013).


You are Delivering a Critical Professional Service

• Conduct yourself ethically. Your reputation is your brand.

• Deliver thorough, thoughtful, high-quality work on time.

• Provide good value for money.

• And enjoy your professional

“journey” as an arbitrator!


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Thank you.

David L. KreiderInternational Arbitrator

Email: [email protected]

Chartered Arbitrator and licensed attorney-at-law in New York, California, New Jersey,Florida, and The District of Columbia. Licensed solicitor in England and Wales, and Hong Kong.


hk fdrc 6 feb 2013

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