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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
eBRAM1234
eBRAM1234
Pay Fees Online
Trading
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)
Trading
Payment SuccessPayment Ref. No.: 12345678-1234
Case ID: eBRAM1234
Email will be sent to your registered email shortly.
Trading Trading
Proceed to payment
Printed
Payment Terms and Conditions
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