eBRAM International Online Dispute Resolution Centre Limited

PRESS RELEASES

eBRAM launches its APEC Online Dispute Resolution Procedural Rules to provide an alternative to MSMEs for resolving cross-border business-to-business disputes

1 June 2021

(Hong Kong, 1 June 2021) eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) is pleased to launch the APEC Online Dispute Resolution procedural rules (“The Rules”) tailor-made for the APEC Collaborative Framework for Online Dispute Resolution (ODR) of Cross-Border Business-to-Business Disputes (“the APEC ODR Framework”) today, which aims to provide a fast and affordable resort to commercial disputes among the APEC economies to MSMEs (Micro, Small, and Medium Enterprises) through the use of electronic communications and other information technology.

Dr Thomas So JP, Chairman of eBRAM, said, “the launch of the Rules marks an important milestone to eBRAM and a big leap forward for Hong Kong’s ODR development. eBRAM has been actively participating in the development of the APEC ODR Framework and will seek to become an ODR service provider for APEC economies under the APEC ODR Framework, and continue to contribute to the furtherance of Hong Kong’s position as an international legal and dispute resolution hub.”

The APEC ODR Framework aims to promote business-to-business cross border confidence by providing safe, speedy and cost-effective electronic resolution and enforcement of disputes across borders, languages, and different legal jurisdictions.

As one of the leading LawTech organisations worldwide, eBRAM will continue our efforts in developing its ODR platform in line with the APEC ODR Framework using state-of-the-art technology and our LawTech services, including video conferencing and e-signing platforms for dispute resolution and electronic agreement management.

Please click HERE to download the Rules.

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About eBRAM

eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) tasks itself to elevate Hong Kong’s arbitration and mediation services, and build capacity to meet the rapidly expanding demand for online dispute resolution and deal-making services across the borders, by utilizing innovative technologies to enable the city to become a LawTech centre and hub for international business dispute avoidance and resolution, and collaborate with global organizations and participating economies such as the Asia-Pacific Economic Cooperation (APEC), the Association of Southeast Asian Nations (ASEAN), Belt-and-Road countries and beyond.

eBRAM has developed its platform leveraging latest technologies including artificial intelligence, blockchain, cloud and soft robotics. Cybersecurity and data privacy are our top priority to ensure the protection of information in the eBRAM platform and communications.

Media enquiries:

Ms Rachel So, Director of Marketing and Communications

Phone: +852 9437 1646

Email: rachel.so@ebram.org

Ms Elaine Ching, Marketing Manager

Phone: +852 3844 5230

Email: elaine.ching@ebram.org

eBRAM provides technical support to the Virtual Signing Ceremony between the International Institute for the Unification of Private Law and the Government of the Hong Kong Special Administrative Region

13 May 2021

(Hong Kong, 12 May 2021) eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) is proud to be the technical partner of the virtual signing ceremony of the Memorandum of Understanding for the Technical and Administrative Arrangements relating to the Secondment of Legal Professionals between the International Institute for the Unification of Private Law (“UNIDROIT”) and the Government of the HKSAR on 12 May 2021.

Facilitated by the eBRAM’s secure online video conferencing and electronic signing technologies, the Secretary for Justice of the HKSAR Government, The Hon Teresa CHENG Yeuk-wah, GBS, SC, JP, and Secretary-General Professor Ignacio Tirado of the UNIDROIT conducted a virtual signing ceremony of the Memorandum of Understanding.

Dr Thomas So JP, the Chairman of eBRAM, said, “building capacity for local and regional legal profession, in particular online dispute resolution (“ODR”), is a concerted effort, we are pleased to be part of this important milestone. eBRAM is committed to nurture legal talents through continuous provision of training and opportunities for young legal professionals to gain experiences in practising ODR, so as to reinforce Hong Kong’s status as an international legal hub.”

Pioneering and user-friendly, eBRAM’s electronic signing technology enables multiple parties in different parts of the world to sign on the same electronic document simultaneously through its secured and proprietary online platform. All data are stored in a private cloud server in Hong Kong under the protection of Hong Kong laws. It is easy to track and trace the signing process and signed document.

eBRAM strives to develop a state-of-the-art and comprehensive online legal platform by rolling out more Law Tech services, including smart contract, AI legal translation, and legal cloud, etc. to consolidate Hong Kong's position as a LawTech hub.

Photos:

The Hon Teresa CHENG Yeuk-wah, GBS, SC, JP, the Secretary for Justice gave an opening remark in the ceremony

Virtual signing ceremony of MoU between HKSAR Department of Justice and UNIDROIT

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About eBRAM

eBRAM has developed its platform leveraging latest technologies, which include artificial intelligence, blockchain, cloud and soft robotics. Cybersecurity and data privacy compliance are our top priority to ensure the protection of information in the eBRAM platform and communications.

Media enquiries:

Ms Elaine Ching, Marketing Manager

Phone: +852 3844 5230

Email: info@ebram.org

eBRAM and the Department of Justice sign supplemental MoU, committing to build the capacity of Hong Kong’s LawTech

5 May 2021

(Hong Kong, 5 May 2021) eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) is pleased to announce the signing of the supplemental memorandum of understanding (“MoU”) with the Department of Justice of the Hong Kong Special Administrative Region (“HKSAR”) on 4 May 2021 that affirmed the commitment of both organisations to support the development of online dispute resolution (“ODR”) and deal-making in Hong Kong.

The Secretary for Justice, Ms Teresa Cheng, SC, signed the supplemental MoU with Dr Thomas So JP, the Chairman of eBRAM, for supporting the development, enhancement and initial operation of eBRAM platform, enabling the provision of efficient, cost-effective and secure online deal-making and dispute resolution services for parties in any part of the world.

Dr So said, “Hong Kong is one of the few pioneers in LawTech development worldwide. With the support of DOJ, eBRAM will continue to optimise our ODR and deal-making platform and enhance our services to our users with higher price-performance ratio. Through these efforts, we believe that we can distinguish ourselves from our peers and continue to contribute to the reinforcement of Hong Kong's position as an international legal and dispute resolution services centre and LawTech hub.”

eBRAM plans to roll out the dealing-making and APEC ODR platforms and more LawTech services later this year, including secured e-signing, AI legal translation, legal cloud, etc., to better capitalise on the opportunities under the Belt and Road Initiative as well as the Greater Bay Area Development Plan, and further promote Hong Kong’s legal and dispute resolution services to APEC countries.

Photos:

The Secretary for Justice, Ms Teresa Cheng, SC and Chairman of eBRAM, Dr Thomas So JP, signed a supplemental memorandum of understanding (MoU) yesterday
Ms Teresa Cheng (second right), Dr Thomas So (second left), the Commissioner of Inclusive Dispute Avoidance and Resolution Office of the Department of Justice, Dr James Ding (first right), and member of eBRAM's Board of Directors Ms Kim Rooney (first left) at the signing ceremony

About eBRAM

Media enquiries:

Ms Elaine Ching, Marketing Manager

Phone: +852 3844 5230

Email: info@ebram.org

eBRAM announces change of management to strengthen capability for the next phase

21 April 2021

(Hong Kong, 21 April 2021) eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) today announced that it has conducted an open recruitment process, and that changes to its organisational structure and senior management will add strength to eBRAM as it commences the next phase of its development of LawTech and Online Dispute Resolution (“ODR”) operations.

With effect from 15 May 2021, four of the current “start-up phase” management team will step down upon completion of their fixed term contracts. The incoming team comprises seasoned professionals in dispute resolution, information technology and marketing and communications. They will continue to contribute to Hong Kong’s role as a leading ODR and deal-making hub, and LawTech centre.

Dr Thomas So, the Chairman of eBRAM acknowledged the contribution made by the outgoing members of the management team since 2019 in eBRAM’s initial phase and thanked them.

The Board of Directors will render their full support to the incoming management members and the current eBRAM management team to ensure a smooth transition.

For any enquiries, please contact Ms Erica Chan (Email: info@ebram.org or Phone: 9568-3709).

Consolidate and Enhance Hong Kong’s status as a Centre of International Legal and Arbitration service

3 February 2021

Dr. Thomas S.T. So, JP, Chairman of eBRAM

Recently, local media quoted from the news article “Companies consider writing Hong Kong out of legal contracts” published by Financial Times on 31 January 2021, claiming that lawyers at 10 international law firms received enquiries from companies on considering excluding Hong Kong as an arbitration venue from legal contracts over concerns China’s policy may affect the rule of law the Hong Kong SAR. The Secretary for Justice blogged and emphasized that Hong Kong will continue to serve as an international legal hub, and hoped we will join hands through concerned efforts to promote and explain any misconceptions and misunderstanding in Hong Kong’s arbitration and legal services.

As an arbitrator, a partner of an international law firm, and the Chairman of an online dispute resolution body, I believe that the article is not entirely accurate and misunderstands the development of Hong Kong’s legal services.

Hong Kong‘s return to stability facilitates the development of arbitration and legal services

With the resumption to stability from last year, more foreign companies started to resume economic activities with the Mainland and other areas through Hong Kong. As such, demands on Hong Kong’s legal services, including arbitration and mediation services, have been increasing day by day.

New opportunities for Hong Kong legal service

Hong Kong embraces an independent legal system and an advanced legal framework for arbitration and dispute resolution. With the implementation of the “Belt and Road” initiative and development of the Greater Bay Area, interactions among the Mainland and other economies become highly active. This has brought new and important opportunities for Hong Kong legal services including arbitration and mediation services.

In the Outline Development Plan for the Guangdong-Hong Kong- Macao GBA, Hong Kong is earmarked as the international legal service and dispute resolution service centre.

Investment arbitration cases usually require effective interim measures for the protection of assets and evidence. According to the “Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the HKSAR” which took effect on 1 October 2019, a party in a Hong Kong arbitral proceeding can apply for protection measures to the court of the Mainland before an arbitration award is rendered. Hong Kong is currently the only common law jurisdiction globally which has signed such arrangement with the Mainland. This unique advantage has further alleviated Hong Kong’s position as the bridge for investment activities for overseas enterprises in Greater Bay Area and the Mainland. On the past few months, I have already received a number of enquiries from foreign investors on how to invest in the Greater Bay Area through Hong Kong.

In 2017, Hong Kong signed the “Free Trade Agreement” and related “Investment Agreement” with the Association of Southeast Asian Nations (ASEAN). These agreements take effect from 2019, covering collaborations in service trading, investment, economy and technology, as well as dispute resolution and related areas. All members of ASEAN are economies along the “Road and Belt” route and play important roles.

Hong Kong’s impeccable commercial environment and well-established legal system attract many enterprises from ASEAN countries to establish their presence and start their business through Hong Kong. All these new developments have brought new opportunities for Hong Kong’s legal services.

Develop Hong Kong’s LawTech services

The “Chief Executive’s 2020 Policy Address” has recognized the importance of law technology development. Following the launch of the “LawTech Fund” and “COVID-19 Online Dispute Resolution Scheme”, the Department of Justice is actively exploring the development of the Hong Kong Legal Cloud service. These visionary policies and measures are extremely important for alleviating Hong Kong’s legal service level and maintaining its leading position in Asia Pacific region, which are also widely supported and well-acclaimed among the legal and commercial sectors.

Hong Kong as the international legal services and online dispute resolution centre

To conclude, Hong Kong has been playing an important role in legal services provision in the country’s development policies. Hong Kong continues to refine its well-established legal and advanced arbitration systems, and strives to developing online dispute resolution and LawTech services. These new developments further strengthen Hong Kong’s irreplaceable status as the dispute resolution and international legal service hub.

There had been rumours about companies considering excluding Hong Kong as an arbitration seat from legal contracts over concerns Hong Kong’s handover before and after the return of sovereignty to China in 1997. Despite such rumours, Hong Kong has proved its strength and value through continuous enhancement in its arbitral system and legal framework in the past 20 years after the handover, and tops other key cities in Asia with its ranking in global judicial independence as well as the number of disputes handled. In light of the above factors, I firmly believe that Hong Kong will continue to lead in the international legal services and dispute resolution services space.

Statement of Support for development of the Hong Kong Legal Cloud and other LawTech Initiatives in the Chief Executive’s 2020 Policy Address

25 November 2020

The eBRAM International Online Dispute Resolution Centre (“eBRAM”) welcomes and supports the initiative of the Chief Executive’s 2020 Policy Address to explore the development of the Hong Kong Legal Cloud (HKLC) and other LawTech initiatives.

With the advancement of technology, Online Dispute Resolution (ODR) has undergone rapid development in recent years. The outbreak of COVID-19 Pandemic has further accelerated the use of ODR globally. We observe that many ODR proceedings are conducted via common and open technologies, and data transmission and storage of these proceedings are generally difficult to be tracked and traced.

We are pleased to learn that the Government recognize the importance of data protection and decided to build a state-of-the-art HKLC with advanced information security technology. We believe that the HKLC will address the increasing needs for secure, reliable, and affordable data storage services for the local legal and dispute resolution sector.

Dr Thomas So, JP, Chairman of eBRAM said, “as a stakeholder in ODR community, eBRAM, with its current team, will fully support the Government’s initiatives in developing the Hong Kong Legal Cloud. We believe that it will reinforce Hong Kong as a hub for international legal services.”

As an ODR service provider, we emphasize data protection in the provision of our ODR services. Thanks to the Government’s generous support, eBRAM has become the first and currently the only institution in Hong Kong that has the capacity to develop technologies locally dedicated to online deal-making and dispute resolution platform, including video-conferencing technology dedicated to online mediation meeting and arbitration hearing. All information submitted to the eBRAM platform is stored in a secured and private cloud in Hong Kong managed by eBRAM and protected by Hong Kong law. Our platform addresses the concerns of those who wish to have a higher level of security of data protection in ODR proceedings.

We have applied our ODR platform for the implementation of COVID-19 ODR Scheme under the anti-epidemic fund 2.0, and it operates very well, serving parties inside and outside of Hong Kong and with enhanced cyber security and privacy protection measures.

eBRAM looks forward to working closer with the Government in developing the HKLC and other initiatives for enhancing Hong Kong’s status as a leading hub for LawTech and dispute resolution services.

About eBRAM

eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) is a not-for-profit organisation established in 2018 under the laws in Hong Kong, supported by the Asian Academy of International Law Limited, Hong Kong Bar Association, Law Society of Hong Kong, and Logistics and Supply Chain MultiTech R&D Centre Limited.

We are committed to provide a secure, innovative and comprehensive ODR platform, which is low-cost and affordable for MSMEs, thereby facilitating their business operation and also achieving “better access to justice”.

eBRAM has also been actively participating in seminars and workshop organised by APEC Economic Committee, contributing to the development of the ODR Framework and the workplan for promoting the adoption of ODR for or developing an APEC-wide cooperative ODR framework for MSMEs in B2B transactions and using modern technology for dispute resolution and electronic agreement management.

eBRAM headquarters in the West Wing of Justice Place which is part of the Legal Hub where houses a number of reputable international and regional organisations specialising in legal or dispute resolution services. eBRAM also has a branch office in Cyberport which is an innovative digital community in Hong Kong.

For further information of eBRAM, please visit www.ebram.org.

Media Contact:

Ms Elaine Ching

Email: pr@ebram.org

eBRAM launches an innovative and cost-effective online platform to resolve COVID-19 related disputes

30 June 2020

eBRAM International Online Dispute Resolution Centre Limited (“eBRAM”) embarks on a soft launch of an online dispute resolution (“ODR”) platform under the COVID-19 Online Dispute Resolution Scheme (“the Scheme”) commissioned by the Department of Justice of Hong Kong SAR today, aiming to provide a speedy, reliable and cost-effective means to resolve small value disputes to companies, especially micro, small and medium-sized enterprises (“MSMEs”), which have been adversely affected by the pandemic.

As set out in the Scheme, a dispute is applicable if it involves one party from Hong Kong (a resident of Hong Kong or a company registered in Hong Kong), and the amount in dispute is not more than HK$500,000. The platform has its own video conferencing technology developed specifically for ODR which enables parties to sign electronic ODR agreement and conduct mediation meetings and arbitration hearings online. All data submitted to the platform will be stored in a private cloud hosted in Hong Kong and managed by eBRAM.

Dr Thomas So, Chairman of eBRAM said, “COVID-19 pandemic serves as an unprecedented wake-up call and a catalyst for change in how things are done. During the lockdown, courts were closed, law firms adopted travel restriction. Impact of COVID-19 has not ended in revenue decline, most importantly it caused delay in access to Justice. eBRAM is here to fill the gap, offering a new avenue for resolving disputes.”

Hong Kong has been a respected dispute resolution hub in Asia and globally. Under the Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region, which was signed in April 2019 and came into operation in October 2019, Hong Kong is the first and, until now, the only jurisdiction outside the Mainland where, as a seat of arbitration, parties to arbitral proceedings administered by specified arbitral institutions (including eBRAM), are able to apply to the Chinese courts for interim measures in the Mainland. Innovation is vital for our increasingly digitalized future.

Ms Teresa Cheng, GBS, SC, JP, Secretary for Justice noted that “Hong Kong's robust legal system is underpinned by the principle of "One Country, Two Systems" as enshrined in the Basic Law and firmly rooted in the rule of law. In the years to come, under the new paradigm of the digital economy, we will continue to leverage our unique strength to enhance our capability in LawTech and endeavour to elevate and solidify Hong Kong's status as an ideal hub for deal-making and dispute resolution.”

ODR proceedings under the Scheme are governed by the eBRAM Rules for COVID-19 ODR Scheme (“the Rules”), which were based on the Asia-Pacific Economic Cooperation (APEC) Collaborative Framework on ODR. Under the Rules, both parties in each case will start with negotiation. Where discord remains, the case will proceed to mediation and if that does not result in settlement, parties may commence arbitration to seek a final and binding arbitral award.

Dr James Ding, Commissioner, Inclusive Dispute Avoidance and Resolution Office, Department of Justice, said, “The Scheme is in line with the ‘Mediate First’ initiative and the newly developed APEC Collaborative Framework on ODR, which is useful for businesses to resolve their disputes online through negotiation, mediation and arbitration in a speedy and cost-effective manner. It is hoped that the Scheme could help those in need to resolve their disputes through a reliable, secured and user-friendly online platform, showcasing at the same time the LawTech capability of Hong Kong and our talented professionals.”

Mr Daniel Lam SBS, JP, CEO of eBRAM, elaborated that “we focus our practice on providing online dispute resolution and dispute avoidance services for the global and local business community. eBRAM will continue developing useful online services for cross-border dispute resolution and this also provides practicing opportunities for emerging talents in Hong Kong. I am particularly grateful to the Proof of Concept (POC) developed by the Logistics and Supply Chain MultiTech R&D Centre Limited (LSCM) that forms the foundation to eBRAM’s platform.”

The Scheme will provide ample practicing opportunities for young arbitrators and mediators to hone their skills for dispute resolution. eBRAM will provide training to arbitrators and mediators on how to use the platform in July 2020.

Prof Zhao Yun, Head of Department of Law, the University of Hong Kong, said, "The pandemic has facilitated the adoption of ODR by major arbitration centres in the world. I am pleased to see that Hong Kong has responded quickly and positively to the pandemic by introducing this COVID-19 ODR Scheme, which, I believe, it is the first of its kind in the world. This also proves that it was a far-sighted step for Hong Kong to establish eBRAM and promote LawTech and ODR two years ago before the pandemic.”

eBRAM has also established a dedicated panel of neutrals, comprising more than 150 arbitrators and mediators with diverse backgrounds from Hong Kong SAR, Mainland China, and overseas.

About eBRAM

For further information of eBRAM, please visit www.ebram.org.