Prof. Xue presented at 2nd Meeting of iGLIP on ODR

On November 24, 2021, the second iGLIP on ODR virtual meeting was successfully held. The theme of the meeting was the stocktaking of recent developments with regard to online platforms for trade and their linkage to dispute resolution, and online platforms for dispute resolution purposes.  The meeting was opened by Ms Teresa Cheng, SC, Secretary for Justice of the Hong Kong SAR, and Ms Anna Joubin-Bret, Secretary of UNCITRAL.  Two roundtable discussions were then held, the first on platforms for international trade and their linkage to dispute resolution. More than 20 experts from China, Japan, Sweden, Australia and other countries and regions, along with Mr Jae Sung Lee, Legal Officer of UNCITRAL, participated in the meeting.

The experts discussed the Working Draft Outline for Instrument on “Access to Justice and the Role of Online Dispute Resolution. Prof. Xue joined the discussions and primarily commented on “Minimum Core Standards for the ODR Process”. Regarding full spectrum of ODR services, Prof. Xue concerned that most existing services cannot meet this standard. In addition, Prof. Xue questioned the necessity of the standards that “ODR process should be final and enforceable” because many successful services have no finality. Prof. Xue suggested the standard that “ODR providers and ODR platforms must operate with independence, neutrality, and impartiality” be substantiated and elaborate whether institutional independence should be added into it.

UNCITRAL will continue to engage with the experts and prepare an outline of a text that would address the issues arising from technology-related disputes, which can be presented to the Commission for its consideration in 2022.

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