8 Asian Legal Business | September 2024 The Briefs ‘Technology is key to assisting the evolution of arbitration’ Q&A ALB: In what ways do you believe the new collaborative platform will improve the attractiveness of the Greater Bay Area for arbitration? Thomas So: The platform launch is an important milestone for aligning mechanisms, rules, and talents in the GBA, under one country, two systems and three jurisdictions. With this platform, clients and parties can easily access and compare information from different arbitration institutions all in one place, helping them to choose the most suitable arbitration or mediation institutions, participants and rules for their cases. The platform also sets the stage for further sharing of resources and talents among the institutions, such as jointly recommending registered arbitrators, mediators, and neutrals, and arranging periodic personnel exchanges to support the training of international legal talents in the GBA. Looking forward, it is necessary to not only nurture legal talents but also train technology developers and legal professionals well-versed in using legal technology and familiar with PRC law, Hong Kong common law, and international law. ALB: What strategies is eBRAM implementing to realise the objective of standardising arbitration rules and systems? So: eBRAM’s vision has always been to “assist law firms, commercial enterprises and other dispute resolution institutes to enhance productivity with the aid of our state-of-the-art technology.” The main intention and objective of establishing the GBA Online Dispute Resolution Collaborative platform, is through the electronic platform, to link up GBA institutions for the sharing of knowledge, and best practices in the dispute resolution arena, and to promote interaction and close networking between the arbitration practitioners, thereby improving the efficiency of resource and demand integration and systematically advancing research, talent training, and professional exchanges within GBA. Going forward, eBRAM is continuing the journey to invite other arbitration and mediation institutions in the region to join the platform. Furthermore, eBRAM will organise cross-jurisdictional training for legal and dispute resolution practitioners on managing online dispute resolutions, with a view to enhancing the overall standard and aligning the professional standard across the regions. ALB: What trends do you anticipate in the evolution of arbitration within the GBA? So: As the GBA continues to undergo deep integration, coupled with Hong Kong’s strategic alignment with the national development plan to establish itself as the Asia-Pacific international legal and dispute resolution services center, the exchange of information and talent within the region will become increasingly frequent. There will be more government measures to promote arbitrations in the region, for example, the Chief Executive’s 2023 Policy Address promoted the “Wider Use of Hong Kong Law and of Hong Kong as Seat of Arbitration in GBA,” the implementation of the measures of allowing Hong Konginvested enterprises to adopt Hong Kong law and to choose Hong Kong as the seat of arbitration. By enabling users to select suitable arbitration institutions for their specific cases. Furthermore, the mutual recognition of judgment arrangements between mainland China and Hong Kong will, all these measures, over time, promote deeper integration of arbitration institutions across the GBA. Technology is also the key to assisting the evolution of the arbitration landscape. eBRAM is taking advantage of emerging technologies like AI for translating and transcribing documents and online meetings, Blockchain for document registry to ensure they can’t be tampered with, and cloud services to develop its LawTech facilities. These technologies will support arbitration participants in handling and managing their arbitration cases in GBA and other regions. Hong Kong-based online dispute resolution platform eBRAM recently collaborated with 11 ADR institutions and arbitration commissions to establish the Greater Bay Area (GBA) Online Dispute Resolution Collaborative Platform. Thomas So, the Chairman of eBRAM, discusses the role of technology in enhancing arbitration development within the GBA and the region. “It is necessary to not only nurture legal talents but also train technology developers and legal professionals well-versed in using legal technology and familiar with PRC law, Hong Kong common law, and international law.”
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