International Trade Lawmaking @ Beijing Normal University

 

The Inclusive Global Legal Innovation Platform on Online Dispute Resolution (iGLIP on ODR) was set up by HKSAR Department of Justice, in collaboration with UNCITRAL, to survey the ODR landscape, keep track of and study emerging technologies and how they influence and affect the ODR process, conduct in-depth analyses on potential issues that may arise, and explore, discuss and develop innovative legal tools to address such issues. The first meeting of iGLIP on ODR was held on 18 March 2021 (HKT 4:00 – 6:35 p.m.). The event on recent developments in online platforms researched their disputes and trade-related activities to assist UNCITRAL in exploring future work in this area.

Online platforms (also known as “digital platforms” or “electronic platforms” are increasingly being used for trade. With the help of enhanced data processing and advanced algorithms, online platforms enable the sale of goods and supply of services, connect global supply chain participants, and create online spaces for collaboration. Employing a range of systems and technologies, while also pursuing a range of business models, online platforms not only create new trading opportunities, but also new ways of trading. The potential of online platforms for trade is particularly acute so for micro, small and medium enterprises (MSMEs). Online platforms employ a range of systems and technologies, including the use of interactive applications (e.g. allowing for communication between platform users), and offer additional services. They may also include a system for handling complaints, as well as a system for handling disputes between users (in which case the platform would also be a dispute resolution platform). On the other hand, platforms have also been developed fully dedicated to the resolution of disputes.

Prof. Xue was invited to give a keynote speech on the platforms’ dispute resolution mechanisms, e.g. notice system and complaining system, and present the potential and future development of the platforms in resolving international trade disputes. More than 40 experts from 3 continents joined the meeting and had the interesting discussions.

Programme

18 March 2021, 16:00-18:35 HK (GMT +8), 09:00-11:35 Vienna (CET)

16:00-16:20 Opening remarks

• Ms Teresa CHENG (Secretary for Justice, HKSAR) (10 mins)
• Ms Anna JOUBIN-BRET (Secretary, UNCITRAL) (10 mins)

16:20-17:25 Roundtable discussion on platforms for international trade and their linkage to dispute resolution

Moderator: Mr Jae Sung LEE (Legal Officer, UNCITRAL)

Rapporteur: Mr Ian LI (Acting Senior Government Counsel, Department of Justice, HKSAR, DOJ Project Office for Collaboration with UNCITRAL)

Presenters

• “Platform-based Models for International Trade: Legal Anatomy, Recent Trends, and Dispute Resolution Schemes”,Professor Teresa RODRÍGUEZ DE LAS HERAS BALLELL (Associate Professor of Commercial Law, University Carlos III of Madrid, Spain) (8 mins)
• “The Platform Effects of Dispute Resolution in International Trade”, Professor Hong XUE (Law Professor, Beijing Normal University, China) (8 mins)

Discussion from iGLIP members (up to 4 mins per intervention)

17:25-18:30 Roundtable discussion on online platforms for international dispute resolution

Moderator: Dr James DING (Commissioner, Inclusive Dispute Avoidance and Resolution Office, Department of Justice, HKSAR)

Rapporteur: Ms Michelle FUNG (Acting Deputy Principal Government Counsel, Department of Justice, HKSAR, DOJ Project Office for Collaboration with UNCITRAL)

Presenters

• “International Rule Making Projects on ODR”, Professor Yoshihisa HAYAKAWA (Professor of law, Rikkyo University, Japan) (8 mins)
• “Moving the needle”, Ms Lise ALM (Head of Business Development, The Arbitration Institute of the Stockholm Chamber of Commerce, Sweden) (8 mins)

Discussion from iGLIP members (up to 4 mins per intervention)

18:30-18:35 Closing remarks

Mr Jae Sung LEE and Dr James DING

On 8-9 March 2021, at 11am to 2pm CET, Expert Group Meeting (EGM) was held to discuss the digital economy project. The EGM focused on 2 themes, i.e. (a) a legal taxonomy on emerging technologies used in digital trade, in particular a new section of the taxonomy on online platforms; and (b) a proposal for future legislative work by UNCITRAL on the use of artificial intelligence and automation in contracting (including “smart contracts”).

The EGM was in the form of a moderated roundtable discussion with introductory remarks by the Chair of UNCITRAL, H.E. Eric Anderson Machado, Ambassador of Peru, and the Secretary of UNCITRAL, Ms. Anna Joubin-Bret. More than 30 experts from 20 countries joined the EGM. Prof. Xue was the only Chinese expert invited to participate and present at the meeting.

On day one, Prof. Xue shared the Chinese experience on legal definition and regulation of e-commerce platforms and discussed with the other experts on the relevant taxonomy, actors and legal engagement issues regarding the platforms. On day two, Prof. Xue discussed the difference between machine automation and autonomy, AI ethics and liability issues with the other experts.

All experts agrees that the discussion shall go one and UNCITRAL’s DE project will considerably important to the establishment of the relevant legal framework on new digital trade.