Cross-border and international mediation services

By utilizing our experience in dispute resolution and our huge platform of professional connections, Hong Kong International Mediation Centre (HKIMC) aims to resolve cross-border and international civil and commercial disputes in a harmonious, efficient and effective manner, at a low cost.

All kinds of international and cross-border disputes involving Hong Kong and the Mainland, happening home and abroad on equal subjects of natural persons, legal persons or any organizations, can be submitted to IDRRMI. The “Hong Kong International Mediation model” will first be adopted to resolve the dispute. Afterwards, an arbitral award will be issued by an international arbitration institution so as to secure the feasibility of the Mediated Settlement Agreement.

Parties concurring with submitting the dispute to IDRRMI for mediation according to the "Cross-Border and International Disputes Resolution" mechanism, shall be deemed to agree to process the mediation in accordance with this Mediation Rules.

Mediation shall comply with parties’ voluntary will. Mediators shall abide by the principle of impartiality and fairness. Mediation shall be processed based on proven facts, respect the provisions of a contract, in accordance with the laws, and with reference to international practice, be conducted on the basis of impartiality, fairness and rationality. This is to facilitate parties to reach a settlement after taking into account the interests of all parties.

The International Mediators at the IDRRMI are experienced in different types of disputes. They are in the professions of economics, trading, finance, securities, investment, intellectual property rights, technology transfer, real estate, construction contract, transportation, insurance and commercial, maritime and/or legal aspect(s), who also possess extensive practical experience in mediation.

Anyone, both or multiple-party/parties in any disputes involving Hong Kong, the Mainland, or elsewhere may submit an application to HKIMC for mediation, regardless of a prior mediation agreement between the parties. The following documents are required when applying for mediation service at HKIMC:          

Each party is required to pay the non-refundable registration fee (HK$2,000) to IDRRMI, regardless of the participation of all the parties in the “Cross-Border and International Disputes Resolution" mechanism. The Secretariat of HKIMC will, on receipt of the application for mediation service, send an invitation to contact all the other parties (if required) and encourage other parties to settle the dispute by the Cross-Border Disputes Resolution Mechanism. Other parties should reply in writing about their acceptance to engage in mediation within 14 days from the day of notification. The Secretariat of IDRRMI will remind other parties that if no response is received within the time limit, the parties will be regarded as rejecting mediation. After parties agree to engage in mediation and pay the respective mediation fee, the Secretariat of IDRRMI would officially commence the mediator appointment procedures and arrange verification of relevant evidence submitted by the parties. In any case, the appointed mediator is not available to perform his duties, other mediators would be nominated by IDRRMI unless otherwise agreed by the parties. All parties should jointly appoint a mediator within 15 days from the day of receiving the notification of mediator appointment. If there is no consensus as at the deadline, IDRRMI would specify a mediator to handle the case.
Applicants are also required to:

Mediations will be held in HKIMC. Where otherwise agreed or requested by the parties and approved by HKIMC, or recommended by HKIMC and agreed by all parties, mediation can be held at other venues. The venue costs thereof shall be borne by all parties.

The mediator shall adopt the Hong Kong International Mediation model and communicate with parties through meetings, written or oral correspondence(s) which he/she shall think fit. The mediator can conduct mediations in manners he/she considers appropriate. If the mediator deems it necessary and agreed by the parties, professionals of the related industry can be invited to assist and participate in the mediation, which the costs shall be borne by all parties.  

Unless otherwise agreed by the parties, the process of mediation is confidential. Mediator, parties and their attorneys, the Secretariat of HKIMC and other persons involved in the mediation process shall be obliged to keep all mediation communications confidential unless otherwise stated in the laws and regulations.

As the parties reach a settlement through mediation, the mediator should, according to the content of the mediation, draft a Settlement Agreement, which is then signed by the parties. Meanwhile, the mediator shall also sign on the agreement and stamp with the seal of HKIMC. In accordance with the IDRRMI Mediation Rules, after reaching a Settlement Agreement based on mutually agreed requirements, the Settlement Agreement should be submitted to an international arbitration institution. In accordance with the contents of the Settlement Agreement and processed by independent arbitration, an award will be issued by the arbitration institution to enhance the legal protection of executing the Settlement Agreement. If no agreement is reached, the dispute concerned shall subsequently be submitted to an international arbitration institution for independent arbitration and issuing award.

Parties are not allowed, in subsequent arbitration or litigation, to cite any statement, opinion, comment, or suggestion made by the mediator and all parties during mediation proceedings, as the basis for an appeal or a plea.

Costs of the mediation are charged in accordance with the Table of Mediation Fees, added by the remuneration of mediators, travel expenses, material translation fee and related administration fee. In principle, the costs are equally shared by the parties, unless otherwise stated in the Settlement Agreement. Other expenses would be borne by the parties respectively. Regardless of whether the mediation is successful, all fees paid including but not limited to the Registration fee, Administration fee, mediator’s remuneration and other incurred expenses are non-refundable.

HKIMC is responsible for the interpretation of these rules.