The Practice of Dispute Resolution in the context of the Pandemic

Daniel C. Lam (林濬）SBS JP

CEO

eBRAM International Online Dispute Resolution Centre Limited

About eBRAM

Visions

To facilitate Hong Kong to be：

•A LawTech centre•Deal-making centre•Dispute resolution and avoidance centre

Our Supporting Organizations:

• Independent & Not-for-profit

• Established in 2018 with the support of: The Law Society of Hong Kong Hong Kong Bar Association Asian Academy of International Law Ltd Logistics and Supply Chain MultiTech R&D

Centre - LSCM

The COVID-19 ODR Scheme

The COVID-19 ODR Scheme - Objectives

• speedy and cost-effective resolution of disputes resulted from COVID-19 pandemic

• especially for micro, small and medium-sized enterprises (MSMEs)

Applicable Disputes

• COVID-19 related

• Claim amount capped at HK$500,000.

• Either one of the parties must be a Hong Kong residentor company.

Multi-tier Process

e-Negotiation e-Mediation e-Arbitration

Expedited Procedure

Cost-effective – Each party will only be required to pay HK$200 registration fee.

Negotiation: 3 DaysMediation: 3 DaysArbitration:

- 3 Days to appoint arbitrator- 1 month – submissions- 7 Days – render award

Strengths of the COVID-19 ODR Scheme

1)Extremely low cost

2)User-friendly technology

3)Readily made staggered dispute resolution clause for adoption

4)Case managers standing by to assist

5)Flexible timing and physical travel minimized

6)Allow X-border dispute so long as one party is HK resident

7)Benefited from X-border enforcement for arbitral awards made under the Scheme

8)Benefited from Mainland-China enforcement for arbitral interim measures made under the

Scheme

Making access of justice real to MSME and individuals

Progress and Milestones

• Established a dedicated ODR platform for the Scheme, with self-hosted Video

Conferencing system

• Trained mediators and arbitrators

• Enhanced cyber security and privacy compliance

• Rolled out more and more marketing and engagement activities

• Received cases and a number of enquiries

Capacity Building

• 150+ mediators and arbitrators

• Bring more practice opportunities for young arbitrators,mediators, lawyers, and IT practitioners

• Reinforce Hong Kong’s longstanding status as a dispute resolutionhub in the Asia-Pacific region.

Collaborations

eBRAM has been strengthening the partnerships with the following organizations:

•HKIAC•CMAC•Hainan Arbitration Commission•Consumer Council•Insurance Authority•AAIL

Our ODR Platform

Our Platform

Fully Web-based - No apps installation

Online signing of ODR agreement

Online selection and appointment of

neutrals

Secure online VC system for negotiation,

mediation, and arbitration

Automation of notifications

Proper access control without prejudice

information Secure data protection

Sign ODR Agreement Online

Landlord91234567landlord@gmail.com

eBRAM1234

Landlord91234567landlord@gmail.com

Tenant98765432tenant@gyahoo.com

eBRAM1234

Pay Fees Online

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PaymentI agree and accept the Terms & Conditions. (After reading the Terms & Conditions, please tick the box and click the AGREE button)

Case ID: eBRAM1234Amount:

HKD$200 (for 1 party)HKD$400 (for 2 parties)

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Case ID: eBRAM1234

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Select Mediator Online

Key Benefits of Video ConferencingThe COVID-19 pandemic has forced the mediation community globally to adapt a new way of running meetings using video conferencing tools

1.5m

Keeps Dispersed Parties Connected & Aligned

As Good As Being There- Efficiency

Anytime, Anywhere With A Computer

Time Saving & Cost Effective

Challenges of e-Mediation by VC

Cultural Barriers

Non-verbal Cues

Collegial

Trust among virtual participants

Time Zone Differences

Network speed

Confidentiality

S/W Compatibility

Common Video Conferencing Technologies

• ISDN / IP based

• Consumer grade platform

• Enterprise grade platform

• Private platform

Self Hosted Platform Good security & data protection as tailor-made to our needs

Higher upfront development & investment

Limited functionality but sufficient

Cloud hosted in Hong Kong Database

Web App

Virtual Machine

User Authentication

Video Conference

Active Directory

User Authentication

User Authentication

Video Conference

Video Conference

PC/Mac

Androidphone

iPhone

Our Roadmap

eBRAM offersODR for deal making and dispute resolution platform for public

Open to cross border businesses, specially MSME & SME

• Offering today

Cost effective

Cross platform access

Secured payment & authentication

Self hosted video conferencing platform

• Roadmap

e-Bundling

Deal making

Translation (online and offline)

Embracing all popular VC tools

Using Technologies

• Blockchain – data immutability

• AI + Neural Computing – machine learning

• Internet of Things – user authentication

• Smart Contract – exception alert

• Cloud Platform – flexibility & scalability

Deal Making through Dispute Avoidance

eBRAM places great emphasis on

dispute avoidance by providing

deal making capability

Smart Contract

eBRAM ODR clauses

Contract tracking

Early alerts / reminders

Domain Knowledge Specific Translation

Initial Phase: English Chinese

Next Phase: Arabic Russian Spanish

Neural Machine Translation (NMT)A deep learning technique, when translating, it looks at full sentences, not only just individual words to improve accuracy.

Our Offices

Headquarters：

Justice Place, Central

Branch Office：

Cyberport

www.eBRAM.org

http://www.ebram.org/

The Practice of Dispute Resolution in the context of the Pandemic Slide Number 2 VisionsSlide Number 4The COVID-19 ODR SchemeThe COVID-19 ODR Scheme �- ObjectivesApplicable DisputesMulti-tier ProcessExpedited ProcedureStrengths of the �COVID-19 ODR Scheme Progress and MilestonesCapacity BuildingCollaborationsOur ODR PlatformOur PlatformSign ODR Agreement OnlinePay Fees OnlineSelect Mediator OnlineKey Benefits of �Video ConferencingChallenges of e-Mediation by VCCommon Video Conferencing �TechnologiesSelf Hosted PlatformOur RoadmapSlide Number 24Using TechnologiesDeal Making through �Dispute AvoidanceDomain Knowledge �Specific TranslationOur Offices���www.eBRAM.org