About Dispute Resolution Advocacy
What is Dispute Resolution Advocacy?
Dispute Resolution Advocacy is the skill and ability to present the party’s position, needs and interests in both adversarial and non-adversarial ways; yet it recognizes that the parties in dispute should control the process and the outcome of dispute resolution, and seek assistance from professional advisors when necessary and come to a settlement which should meet the parties’ true needs and interests. The Dispute Resolution Advocacy service provided by IPDRAA aims to assist and advice a party throughout different stages in the dispute resolution process.
What does a Dispute Resolution Advocate do?
A Dispute Resolution Advocate represents a party, going through different stages as it may require in resolving a particular dispute. Representing parties in different stages, the advocate is to elaborate the party's case as persuasively as possible, both to the other side and to the mediators, arbitrators and/or other dispute resolution personnel. He/she should also look for imaginative solutions that may enable the parties to reach a satisfactory resolution and provide advice, assistance and support for the party in stressful and unusual situations. A Dispute Resolution Advocate should demonstrate complete mastery of the details of a case in order to be able to address emerging situations promptly and critically. And most importantly, a Dispute Resolution Advocate should be able to facilitate their clients in resolving cross-border disputes and take necessary steps to ensure the enforceability of the settlement at the place(s) where the clients specify.
What are the benefits of hiring Dispute Resolution Advocates?
Dispute Resolution Advocates, being professional and reliable, take up the weighty responsibility to be thoroughly prepared for every possible option. Take mediation as an example, a sophisticated process like mediation has its own internal dynamics, of which all representatives should be aware. Parties have to be well prepared, know what to expect and what to do in order to get the most out of mediation. Therefore, a Dispute Resolution Advocate is to help parties present their true needs, strive for their best interests with clear strategies, and select the most suitable dispute resolution approach. This in turn facilitates the representation and the successful settlement in a possibly shorter period.
Most parties in dispute will benefit from having counsel present to represent, assist and advise them throughout the dispute resolution process. Meanwhile, some parties do not wish to argue face to face with the other side or their lawyer and would prefer an advocate to do so. With the advanced and well-developed cross-border dispute resolution mechanism, International Professional Dispute Resolution Advocates of IPDRAA are well qualified and able to offer high-quality advocacy services for different cases, adjusting and adopting techniques specified under different circumstances, in order to achieve the best settlement outcome for the party.
Scope of Services
IPDRAA provides Dispute Resolution Advocacy Service for all kinds of international and cross-border disputes involving Hong Kong, the Mainland, countries along the Belt and Road and worldwide, happening home and abroad on equal subjects of natural persons, legal persons or other organizations. As the first, one-stop dispute resolution platform, IPDRAA facilitates party to resolve their disputes with the best dispute resolution approach and adopts double-protective measures to ensure the enforceability of the settlement agreement.
Any party in any disputes involving Hong Kong, the Mainland or elsewhere may submit application to IPDRAA for Dispute Resolution Advocacy Service. The following documents are required when applying for such service at IPDRAA:
- The properly completed application form
- The facts of the dispute
- Related evidence and documents
- Proof of identity
The party is required to pay the non-refundable registration fee (HK$5,000) to IPAA. The Secretariat of IPAA will, on receipt of the application for dispute resolution advocacy service, officially commence the dispute resolution advocate appointment procedures and arrange verification of relevant evidence submitted by the parties. In any case, the appointed advocate is not available to perform his/her duties, another advocate would be nominated by IPAA unless otherwise suggested by the party. The party should confirm the appointment of the advocate within 15 days from the day of receiving the notification of the advocate appointment. If there is no confirmation received as of the deadline, IPAA would specify an advocate to handle the case. The party can request more than one advocate for their service. The service shall commence within 6 months from the day of registration and will then be terminated automatically after 6 months when no action has been taken by the applicant. No registration fee will be refunded to the applicant.
Applicants are also required to:
- (For reapplication for advocacy of the same case) Re-submit the registration fee;
- Sign documents of applications for the selected dispute resolution procedure(s);
- Appoint or authorize IPAA to appoint one or more than one advocate(s) in the IPAA Panel of International Professional Dispute Resolution Advocates; and
- Prepay 50% of the advocacy fee enlisted on the Table of Recommended Advocate Remuneration
- Party submits the application to IPAA
- Acceptance by IPAA
- Nomination of advocates by IPAA
- Confirmation of appointment of advocate(s) within 15 days
- Commencement of service within 6 months
- End with the settlement of the dispute
- Party will only be charged the Registration Fee, which is $5000, by IPAA.
- The administration Fee is separately charged up to the appointed Advocate and will not be charged up to the party.
- Party will be responsible for the advocate remuneration. The Table of Recommended Advocate Remuneration is as follows.
Table of Recommended Advocate Remuneration
|Amount in Dispute (HK$)||Recommended Advocate Remuneration (HK$)|
|Lower Limit||Upper Limit||Basic Fee||Additional Fee||Lower Limit||Upper Limit|
|10,000,000||100,000,000||300,000||2% of 10M and more||300,000||2,300,000|
|100,000,000||1,000,000,000||2,100,000||1% of 100M and more||2,100,000||12,100,000|
|1,000,000,000 or above||11,100,000||0.5% of 1B and more||16,100,000||-|
- The recommended charge is set at around 1-3% of the amount in dispute.
- This recommended remuneration serves only for the reference of the intended party and does not represent the final charge by the IPDRE.
- If more than one advocate is appointed, the remuneration will be shared among the appointees equally or on their own agreement.
IPAA Rules for Dispute Resolution Advocacy Service
Utilizing our experience in dispute resolution and our huge platform of professional connections, the International Professional Advocates Association (IPAA) aims to resolve cross-border and international civil and commercial disputes in a harmonious, efficient and effective manner, at a low cost.
|Article 2||Scope of Services
Any party to any kind 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 submit the application to IPAA.
|Article 3||Application of Rules
Parties concurring with submitting the dispute to IPAA for Dispute Resolution Advocacy Service shall be deemed to agree to process the dispute resolution process in accordance with this Rules for Dispute Resolution Advocacy.
|Article 4||The Principle of Impartiality and Fairness
Any decision made during the process of dispute resolution shall be based on the party’s voluntary will. International Professional Dispute Resolution Experts shall abide by the principle of impartiality and fairness. Dispute resolution shall be processed based on proven facts, respect the provisions of the 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.
|Article 5||The panel of International Professional Dispute Resolution Experts
IPAA possesses a panel of International Professional Dispute Resolution Experts who have respective expertise and practical mediation experience in economics, trading, finance, securities, investment, intellectual property rights, technology transfer, real estate, construction contract, transportation, insurance and other commercials, maritime and/or legal aspect(s) and practical experience in mediation and other dispute resolution approaches.
|Article 6||Application and Acceptance of Case
Any party in any disputes involving Hong Kong, the Mainland or elsewhere may submit the application to IPAA for Dispute Resolution Advocacy Service. The following documents are required when applying for such service at IPAA:
The party is required to pay the non-refundable registration fee (HK$5,000) to IPAA. The Secretariat of IPAA will, on receipt of the application for dispute resolution advocacy service, officially commence the dispute resolution advocate appointment procedures and arrange verification of relevant evidence submitted by the parties. In any case, the appointed advocate is not available to perform his/her duties, another advocate would be nominated by IPAA unless otherwise suggested by the party. The parties should confirm the appointment of the advocate within 15 days from the day of receiving the notification of the advocate appointment. If there is no confirmation received as of the deadline, IPAA would specify an advocate to handle the case. The party can request more than one advocate for their service. The service shall commence within 6 months from the day of registration and will then be terminated automatically after 6 months when no action has been taken by the applicant. No registration fee will be refunded if the case is automatically terminated.
Applicants are also required to:
|Article 7||Dispute Resolution Venue
The dispute resolution process will be based on the complete voluntary will of parties, including the selection of a venue to resolve the dispute. When necessary, IPDRAA can provide a venue for meetings and mediation sessions. The venue costs thereof shall be borne by all parties.
|Article 8||Appropriate Ways to Dispute Resolution
The IPDRE shall suggest and provide opinions on the adoption of the most appropriate approach(es) to resolve the dispute for each case, based on the interest, voluntary will and informed decisions of the party concerned. The IPDRE shall also suggest, where necessary, professionals of the related industry be invited to assist and participate in the dispute resolution process, while the costs of which shall be borne by the party.
Unless otherwise agreed by the party, the whole process of dispute resolution is confidential. Parties in dispute, their attorneys (IPDRE), the Secretariat of IPDRAA and other persons involved in the process shall be obliged to keep all communications confidential unless otherwise stated in-laws and regulations.
|Article 10||The Settlement Agreement
As the parties reach a settlement through mediation, the IPDRE should assist the mediator in drafting the Settlement Agreement, which is then signed by the parties, according to the content of the mediation.
|Article 11||Termination of Service
The dispute resolution advocacy service shall be terminated if any of the following cases evolves:
|Article 12||Mediation Term
There will be no time limit for the term of the dispute resolution process. However, the Dispute Resolution Advocacy Service shall commence within 6 months from the time of registration, except for those cases deferred with the request of the party and approved by IPAA.
|Article 13||The doctrine of Without Prejudice in Mediation
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.
|Article 14||Costs of Dispute Resolution Advocacy Service
Costs of the dispute resolution advocacy service are charged in accordance with the Table of Recommended Advocate Remuneration, added by the remuneration of IPDRE, travel expenses, material translation fee and related administration fee and shall be borne by the party. Regardless of whether the dispute resolution is successful, all fees paid including but not limited to the Registration fee, Administration fee, IPDRE’s remuneration and other incurred expenses are non-refundable.
IPAA is responsible for the interpretation of these rules.