Hong Kong is presently developing a new online dispute resolution (ODR) platform – called Electronic Business Related Arbitration and Mediation, or eBRAM – which aims to take much of the cost and hassle out of the arbitration process.
The HK$150 million ($19 million) platform, which has earned the backing of the Hong Kong Bar Association, the Law Society, the city government and a number of prominent arbitrators, has the goal of cutting down on travel costs typically associated with the dispute resolution process. eBRAM will provide full arbitration and mediation services online, secure video conference capabilities and encryption to protect documents.
The platform, which could launch later this year, according to government documents, reinforces Hong Kong’s ambition to become Asia’s arbitration hub of choice.
ODR is still considered a relatively new option. In India and areas of mainland China, small claims are tackled through online centres, but eBRAM is somewhat unique in the scope of its ambition.
“The platform will facilitate the provision of cross-border one-stop dispute resolution services to enterprises worldwide including the B&R region as well as the Greater Bay Area, and Mainland-focused enterprises; as well as redefine the ideas of deal-making, negotiation, mediation, arbitration and e-commerce trading in the new innovation era,” said a March 2019 legislative counsel panel discussion paper.
The document adds that such a platform will “enhance the development of LawTech in Hong Kong and consolidate Hong Kong’s position as an international legal and dispute resolution services centre and raise Hong Kong’s favourable position and status in the provision of professional legal services.”
The platform will soon be another capability that Hong Kong can pitch as it sells itself as an arbitration hub to greater Asia.
Singapore, with its strong reputation for arbitration, has long been considered Hong Kong’s legal market rival. The city-state introduced third-party funding of arbitration legislation two years ago, only to be followed by Hong Kong in February this year.
More recently, Singapore has relentlessly promoted itself as the arbitration centre of choice and has taken that message around Asia. Last month Singapore’s senior minister of state for law, Edwin Tong, travelled to Tokyo to “strengthen legal cooperation” between the two countries, while in January this year, he travelled to Beijing to promote “deepening collaboration between Singapore and Chinese dispute resolution institutions," according to media releases.