Project Title

Enhancing Implementation of Online Dispute Resolution (ODR) through the APEC ODR Collaborative Framework and Other Fora including Courts 

Project Year

2022   

Project Number

EC 01 2022A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

EC 01 2022A 

Project Title

Enhancing Implementation of Online Dispute Resolution (ODR) through the APEC ODR Collaborative Framework and Other Fora including Courts 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

APEC Support Fund 

Sub-fund

ASF: Strengthening Economic Legal Infrastructure (SELI) 

Project Year

2022 

Project Session

Session 1 

APEC Funding

150,000 

Co-funding Amount

31,000 

Total Project Value

181,000 

Sponsoring Forum

Economic Committee (EC) 

Topics

Legal Infrastructure; Structural Reform 

Committee

Economic Committee (EC) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Japan 

Co-Sponsoring Economies

Hong Kong, China; Indonesia; Singapore; United States; Viet Nam 

Expected Start Date

01/10/2022 

Expected Completion Date

30/04/2023 

Project Proponent Name 1

Yusuke Iino 

Job Title 1

Director for Global Cooperation on Governance Strategy 

Organization 1

Ministry of Economy, Trade and Industry (METI) 

Postal Address 1

Not Applicable 

Telephone 1

(81-3) 35010397 

Fax 1

Not Applicable 

Email 1

Iino-yusuke@meti.go.jp 

Project Proponent Name 2

Yoshihisa Hayakawa 

Job Title 2

Professor 

Organization 2

Rikkyo University 

Postal Address 2

Not Applicable 

Telephone 2

(81) 907803 0058 

Fax 2

Not Applicable 

Email 2

haya@rikkyo.ac.jp 

Declaration

Yusuke Iino and Yoshihisa Hayakawa 

Project Summary

Pandemic-related travel restrictions and social distancing measures forced APEC courts and ADR providers to shift toward the use of ODR technology to resolve disputes.  The dominant ODR technology in almost every APEC economy has been video hearings and yet ODR has much more to offer. The APEC ODR Collaborative Framework was launched after the start of the pandemic and ODR providers are seeing positive preliminary results as a result in terms of cost and time savings.  The workshop will highlight how to develop a user-centric approach to ODR in both the private and public fora (courts) based on the APEC ODR Collaborative Framework and other examples. The Project will also seek to: (1) further refine the implementation of the Collaborative Framework; (2) offer additional ODR providers an opportunity to partner with the APEC EC; (3) work with participating member economies and ABAC to promote the Collaborative Framework to member economy businesses (including MSMEs).

Relevance

Relevance - Issues: Even in the most advanced economies, commercial disputes cost too much, take too long, and are excessively confrontational and complex.  Prior to the Pandemic, the APEC EC Ease of Doing Business (EoDB) reported an average of 440 days to resolve a simple contract dispute involving an MSME in a domestic APEC court at a cost of 37 percent of the value of the claim.  According to an APEC Business Advisory Council (ABAC) survey of small businesses, many small businesses abandon cross-border trade due to a lack of dispute resolution. Fifty-eight percent of respondents listed it as a "major" or "severe" problem. In emerging economies, that number rose to 74 percent.  As recognized in the SELI FoTC Work Plan under EASSR (endorsed by the EC in December 2021), “Lack of access to commercial justice is one of the reasons that MSMEs constitute some 97% of APEC businesses domestically but account for only a fraction of APEC exports. The fact that they lack cost-effective and timely commercial justice for cross-border transactions means that many avoid that risk by not trading across borders… Online Dispute Resolution (ODR) has been recognized by the UN as a viable solution to lack of access to effective justice.  The development of ODR is particularly important during a pandemic like COVID-19 in light of restrictions on travel and court closings, particularly in the case of cross-border trade.” The APEC ODR Collaborative Framework was launched after the start of the Pandemic and ODR providers are already seeing positive preliminary results. For example, a provider reported a 32-day average to resolve a dispute under the APEC ODR Framework with 60% of the claims resolved at the online negotiation and mediation stages. 

Pandemic-related travel restrictions and social distancing measures have forced an unprecedented adoption of technology by APEC courts and ADR providers to resolve disputes. In most APEC economies, this has mostly meant video hearings. ODR has much more to offer than online communication. To this day, advanced technologies like AI and machine learning remain largely untapped.

The post-Pandemic technological shift opens the possibility of greater use of ODR by courts, particularly for domestic commercial disputes involving MSMEs. Online decision-making may not be appropriate for all cases, but it is invaluable for low-value disputes involving MSMEs where the parties cannot afford lawyers or travel to a physical court or wait many weeks for a decision. As ODR is rolled out by more and more Providers, it is essential to document what works or doesn’t work and develop best practices to guide existing players and new market entrants.  The project would offer substantial benefits to all APEC economies.

Eligibility and Fund Priorities: The proposal is directly linked to the SELI Sub-fund funding criteria since it facilitates and assists in the implementation of the SELI ODR Work Plan on Implementation of the APEC ODR Collaborative Framework and the use of modern technology for dispute resolution as well as the SELI Work Plan under EAASR.  It also directly contributes to improving the EC EoDB initiative (enforcing contracts) and integrating MSMEs into the global economy.

Capacity Building: The project will provide capacity building advice for economies considering opting-in to the Framework as well as for economies’ use of ODR for domestic dispute resolution including in the courts. As pointed out in the 2019 APEC Economic Policy Report (at 91): “Many MSMEs are reluctant to engage in international trade out of fear of the high costs of litigation in case of a dispute. Current arbitration systems are too costly and time-consuming, hence inappropriate for small value disputes. [The ODR Collaborative Framework] is an example of harnessing digital tools to help MSMEs access global opportunities, thereby promoting inclusion.”

Objectives

The central objective of the Project is to document what has and hasn’t worked in implementing ODR in the private and public fora (courts) and highlight best practices in developing a user-centric approach to dispute resolution technology. The Project will also seek to (1) further refine and review the implementation of the Collaborative Framework; (2) offer ODR providers an opportunity to partner with the APEC EC by agreeing to follow the Framework and Procedural Rules; (3) work with participating member economies and ABAC to promote the Framework and encourage member economy businesses (including MSMEs) to use ODR and the listed ODR providers.

Alignment

Alignment to APEC: The APEC SME Ministers’ Statement (September 2019, para. 14) supported the development of the APEC ODR Collaborative Framework which “will provide a cost-effective and efficient platform to resolve low-value cross-border disputes.”  The Structural Reform Ministerial Statement (June 16, 2021, para. 13) recognized the importance of the ODR Collaborative Framework “which encourages the use of digital technology to resolve cross border business to business disputes.”  This project would contribute to the implementation of the Aotearoa Plan of Action, in particular, collective action to “[p]romote cost-effective mechanisms that support cross-border business-to-business engagement, including through electronic transactions and dispute resolution including under the APEC Collaborative Framework for Online Dispute Resolution of Cross Border Business-to-Business Disputes.”

Alignment to Forum: The EC endorsed: the SELI work plan on ODR in 2017; the APEC ODR Collaborative Framework in August 2019; and the SELI Collaborative Framework Administrative Implementation Work Plan and Satellite Website Proposal in March 2021. The APEC EC agreed to launch the Collaborative Framework at EC 1 in February 2022.  The project also aligns with the SELI FoTC Work Plan under EAASR endorsed by the EC in December 2021. The Workshop is the logical next step, building on the work of earlier APEC workshops and EC Policy Dialogues on ODR. The results of the Workshop will be reviewed at EC 1 or EC 2 in 2023. This project would also contribute to all four pillars of the Enhanced APEC Agenda for Structural Reform (EAASR).

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs: The project will implement a three-day workshop which will be held in December 2022 in Tokyo, Japan. The workshop will seek to further implement the ODR Collaborative Framework.

1. Study on Best Practices in the Use of ODR – APEC Publication

a. Select and contract a consultant to create a draft Study on Best Practices in the Use of ODR (October-November 2022) aimed at developing a user-centric approach to ODR in the private and public (courts) fora, including through the APEC ODR Collaborative Framework (25-30 pages with 7 best practices) – includes ToR, APEC Secretariat approvals and issuing of $20,000 contract. 

b. Contractor will identify best practices on Use of ODR primarly through desktop research.  

c. POs review the draft Study on Best Practices in the Use of ODR to be presented at the Workshop. 

2.  3-day Workshop, December 2022, Tokyo, Japan

a. 80 participants (including 22 travel-eligible, plus 15 speakers and the contractor): 

i. POs will invite relevant policymakers and government officials responsible for the design and implementation of ODR reforms in member economies. Relevant agencies will include Ministries of Justice, Economy, and Economic Planning.

ii. POs will invite experts from other APEC fora (e.g., ABAC, SMEWG, ECSG, GOS, TELWG).

iii. POs will invite experts from the private sector and academia as well as private online dispute resolution providers and regional arbitration and mediation centers interested in partnering with APEC on an ODR pilot program. 

iv. POs will also invite key experts from relevant international institutions such as UNCITRAL

v.  Workshop will be held in-person.  Plan would be to start workshop at 9 each day and end at 5. 

vi. PO’s will consider including different capacity-building activities, such as small group work, to drill down on specific topics, best practices, recommendations or questions, brainstorming sessions led by experts, etc. 

b. Workshop Plan:

i.  Contractor will Present Study on Best Practices in the Use of ODR to develop a user-centric approach to ODR in both the private (including through the APEC ODR Collaborative Framework) and public fora (courts). The Study will include AI use in ODR and ODR use in B2C disputes in APEC economies. Participants will be invited to offer comments on the Study. Contractor may revise Study based on comments received.  Recommendations will be included in the Workshop report for subsequent review by SELI and EC.

ii. POs and Contractor will lead discussion addressing administrative details and issues arising from the implementation of the Framework through the Administrative Implementation Work Plan for subsequent review by SELI and the EC.  The panel discussion will be led by the POs and Contractor.  Recommendations will be included in the Workshop Report.

iii. Panel session will 1/ give APEC-partnering ODR providers an opportunity to share their experience under the Collaborative Framework and 2/ give other ODR providers an opportunity to partner with the APEC EC by agreeing to follow the Framework and Procedural Rules (and get listed on the APEC EC webpage).

iv. Panel session will allow economies to explain their reasons for opting into the Collaborative Framework and provide expert capacity-building advice concerning the creation of a framework for economies considering opting-in to the Framework as well as for economies’ use of ODR for domestic dispute resolution including in the courts.

v. Panel session will address how the APEC ODR Collaborative Famework contributes to all four pillars of EAASR and benefits MSMEs and women-owned businesses. 

vi. Panel session led by Contractor and experts will present an overview of ODR platforms that have been implemented at a regional level (including through private sector ODR providers) and by economies (including through the courts). 

vii. Panel session led by lead academics and ABAC will advise participating economies on how to promote the Framework and encourage businesses (including MSMEs) to consider settling their disputes by ODR using the listed ODR providers. POs will solicit ABAC’s and academic institutions’ assistance.

viii.  Panel session lead by experts (including from relevant international institutions such as UNCITRAL) will discuss how economies can further harmonize relevant laws to improve the ODR legal framework using existing international instruments (as provided in the Framework and SELI work plan).  At the request of participating economies, the POs may ask the contractor to review member economy implementation of private international law instruments relevant to ODR.

3. Summary Workshop Report (10-15 pages) will be presented to SELI and the EC at EC1 or EC2 (2023)

a. Summary of discussions and presentations, participant conclusions and recommendations and draft Study on the Use of ODR.  The report may also include a discussion of the use of artificial intelligence in ODR, use of ODR for business to consumer (B2B) disputes (currently the Framework is limited to B2B disputes) as well as use of ODR in the private and public sectors (courts). 

b.  Circulation for endorsement at EC1 or EC2 2023. 

Outcomes: 

1. The Workshop will provide economies with knowledge of the benefits of ODR and the Framework and encourage more of them to “opt in” to the Framework. 

2. Additional ODR providers including regional arbitration and mediation centers will partner with the APEC EC by agreeing to follow the Framework and Procedural Rules and provide their own platforms. Currently, 3 ODR Providers have partnered with the APEC EC.  ODR Providers that have partnered with the APEC EC are listed on the EC ODR webpage. 

3. Member economies will use the knowledge gained at the Workshop to encourage their businesses (including MSMEs) to agree to settle their disputes by ODR and/by using the listed ODR providers as provided in the Framework.  POs will request partnering ODR providers to provide periodic updates to SELI on the number of businesses that have agreed to use their services. 

4. Member economies will use the knowledge gained about ODR to implement user-centric ODR in their public sector (including courts).  POs will survey economies on the use of ODR in courts through SELI. 

5. Member economies will use the knowledge gained at the Workshop for the improvement of legal regimes on ODR including through the implementation of UNCITRAL texts.  POs will monitor the number of APEC economics that have implemented key instruments supporting an ODR legal framework through the UNCITRAL web site and SELI. 

Beneficiaries: Immediate beneficiaries of this project will be the member economies and key industry stakeholders/partners.  Member economies are welcome to nominate relevant government officials responsible for the design and implementation of dispute resolution systems involving ODR including for the courts.  POs would seek recommendations on the participation of key private sector stakeholders/partners—such as ODR providers and businesses—from economies, SELI and ABAC.  The selection criteria would be as inclusive as possible.  Long-term beneficiaries will be the MSMEs in APEC economies, which will be able to increase their economic participation and reduce business risks through the use of ODR.

Dissemination

PO’s will seek to publish the Study on Best Practices in ODR as an APEC publication.  The content of the Study will include a Table of Contents and an Executive Summary.  The target of the Study would be economies, ODR providers, and APEC businesses.  There is no intention to sell outputs arising from this project.


Gender

POs will work to ensure that both female and male speakers and participants have equal opportunities to attend and actively participate in the workshop. POs will try to identify and invite relevant speakers, both men, and women, as far in advance as possible and will send invitations to economies with enough time for them to consider the most suitable participants. In the invitation, POs will encourage economies to consider gender balance in their nominations and will pay attention to the nominations received from economies. POs will include gender information in the sign-in sheets as well as in the evaluations of the workshop to measure the percentage of women participants. Considering previous workshops on similar topics, POs would try to achieve at least 35% women participants and speaker/experts.

POs are committed to collecting sex-disaggregated data for all speakers and participants (not only those funded by APEC) at the project event. This data will be included when submitting a Completion Report to the Secretariat upon completion of the project, as well as providing guidance to future POs on their own gender-parity targets’.

In terms of the overall project objectives, ODR has an important role in providing increased access to justice and markets for women led MSMEs. The project may include a session in the workshop addressing the issues particularly relevant to women.  POs aim to identify at least one policy recommendation relating to gender inclusion in the Final Report.  POs may also include a question in the post-event survey to measure how well gender issues were addressed.

Targets

Female Participants (%)

35%

Female Speakers/Experts (%)

35%

Referring to the Guide on Gender Criteria for APEC Project Proposals in the Guidebook on APEC Projects, please tick the pillar or pillars that this project supports, in promoting women’s economic empowerment:

5 Pillars (you may tick more than one)

1

Access to Capital and Assets

2

Access to Markets

x

3

Skills, Capacity Building, and Health

4

Leadership, Voice and Agency

5

Innovation and Technology

x


Work Plan



Timeline

Tasks

Deliverables

October – November 2022

POs select and contract with consultant; review study produced by consultant

TOR and Consultant contract; draft study

October 2022

Book venue, make accommodation and administrative arrangements.

Details of Venue and Accommodations

October 2022

Contractor will develop a draft agenda for a workshop and a General Information Circular (GIC), identify relevant experts and speakers, and send invitations to speakers.

Draft agenda for the workshop; List of experts and speakers; Invitations to speakers.

Draft GIC

October 2022

POs review GIC and send to participants

General Information Circular

October 2022

POs review and circulate the invitation and nomination forms for the workshop to APEC economies through the EC

Invitation; nominations forms; and information note for participants

December 2022

Implement three-day in-person workshop in Tokyo, Japan

Workshop

December 2022

Dissemination of the post-Workshop survey

Post-Workshop Survey (For use in the

APEC Project Completion Report)

January 2023

(for Publication in March)

Contractor and POs complete study on best practices in the use of ODR. Send Study for review by CPAU and endorsement by EC.

Study on Best Practices in Use of ODR

1 February 2023

Submit the draft of Summary Workshop Report

Summary Workshop Report

EC1 or EC2 2023

Report back to SELI and the Economic Committee Plenary on the outcomes of the workshop.

Summary Workshop Report including Conclusions and Recommendations for the workshop; Report to SELI and the Economic Committee

1 April 2023

(one per calendar year)

Submit APEC Project Monitoring Report: Provide Secretariat with update on status of Project

APEC Project Monitoring Report

30 June 2023 

Submit the APEC Project Completion Report and supporting documents to the APEC Secretariat for review.  After review by the APEC Secretariat, it will be sent to the EC for comments.

APEC Project Completion Report

August 2023

After Project Completion Date POs Track Project Outcomes and Report to SELI and EC including on number of economies that have opted into the Collaborative Framework, the number of ODR Providers that have partnered with APEC EC, APEC business use of APEC ODR Providers, and APEC courts use of ODR.

.

April 2024 (12 months after Project completion)

Participation in the Long-Term Evaluation of

APEC Projects conducted by APEC Secretariat

Risks

No.

Risks

How will it be managed?

1

Event timing and participation of economies due to Pandemic

Hold Hybrid Event; Hold Virtual Event

2

Getting good quality speakers as well as relevant participants from member economies

POs plan to manage this risk by carefully designing the agenda of the workshop and identifying relevant experts well in advance. In addition, POs will circulate the invitation to economies as early as possible and provide information of the desired profile of participants to guide economies in the nomination process.

3

Possible delays in the development and collection of workshop materials and inputs, including presentations from speakers

POs will work closely with speakers to ensure timely submission of their presentations so that the necessary information and analysis is available by the time of the event.

4

Recommendations developed at the Workshop for implementation of the Framework would be subject to agreement and approval by SELI and the Economic Committee  

To m POs will prepare as detailed a report as possible

and enlist the support of the contractor.

The report will carry the weight of recommendations from stakeholders and world-renowned experts     

.


Monitoring and Evaluation

Output/Outcome

Evaluation Focus

Indicators

Target Goals

Evaluation Method

Reporting Method

Output

1)   Study on Best Practices in the Use of ODR

1)   No. of pages

25-30

Certification by PO

Email to the Secretariat

2)   Submission to Secretariat

January 2023

Submission to the Secretariat

Email to the Secretariat

2) 3-day Workshop

1) No. of participants (excluding speakers/experts)

60

Event Attendance List

Completion Report

2) % of participating men/women (excluding speakers/experts)

65/35

Event Attendance List

Completion Report

3) No. of speakers/experts engaged

15

Event Attendance List

Completion Report

4) % of speakers/experts (men/women)

65/35

Event Attendance List

Completion Report

5) No. of attending economies

15

Event Attendance List

Completion Report

6) No. of travel eligible economies

8

Event Attendance List

Completion Report

7) Content developed and deployed

December 2022

Certification by PO

Completion Report

3) Summary Workshop Report

1) No. of pages

10-15

Certification by PO

Email to the Secretariat

2) Submission to the Secretariat

1 February 2023

Submission to the Secretariat

Email to the Secretariat

Outcome

4) Participants’ knowledge of ODR best practices, ODR benefits to MSMEs and women-owned businesses, and legal regimes

1) % of participants report substantial knowledge increase

50%

Ex-ante and ex-post evaluations

Completion Report

2) Developing APEC economies report substantial knowledge increase required for ODR to function effectively

50%

Ex-ante and ex-post evaluations

Completion Report

3) Women report substantial knowledge increase

50%

Ex-ante and ex-post evaluations

Completion Report

5) Re-commendations of im-plementation of best practices in implementation of ODR through the APEC ODR Collaborative Framework and other public fora (courts)

1) No. of Recommendations made

10

Included in the Summary Workshop Report

Summary Workshop Report

The Longer-Term Evaluation of APEC Projects survey (LTEAP)

Others

Outcome – Number of APEC Economies Opting in to Collaborative Framework

5

EC ODR Webpage

Outcome – Number of Partnering ODR Providers

5

EC ODR Webpage

Other Outcomes – APEC business use of APEC ODR Providers, and APEC courts use of ODR

Assessed after Project Completion date


Linkages

In addition to the direct linkage to the EC EAASR, EoDB and structural reform, the EC ODR initiative/SELI ODR Work Plan calls for cross-APEC collaboration with e.g. ABAC, ECSG, SMEWG, GOS, TELWG.  POs will invite representatives from these fora and share information with them about the workshop and its outcome. Experts from relevant international organizations, such as UNCITRAL will also be invited to discuss best practices and experiences. 

The Workshop builds on the outcome of the Structural Reform Ministerial Statement (June 16, 2021) recognizing the importance of the Collaborative Framework (para. 13) “which encourages the use of digital technology to resolve cross border business to business disputes” and the APEC SME Ministers statement (September 2019) supporting (para. 14) “the development, on a pilot basis, of the APEC Collaborative Framework for Online Dispute Resolution of Cross-Border Business-to-Business Disputes, which will provide a cost-effective and efficient platform to resolve low-value cross-border disputes.” 

The Study and Workshop build on the earlier APEC webinars and workshops on ODR and the Collaborative Framework (see e.g. Report on Workshop on Implementing the APEC ODR Collaborative Frame Work (March 2022) available at https://www.apec.org/publications/2022/03/workshop-on-implementing-the-apec-odr-collaborative-framework, the Stocktake of APEC Online Dispute Resolution Technologies (April 2022) available at https://www.apec.org/publications/2022/04/stocktake-of-apec-online-dispute-resolution-technologies,  as well as the Policy Dialogues on ODR held at EC 2 in 2018, EC 1 in 2019, EC 1 in 2020, EC 1 in 2021 and EC 2 in 2022. 

A key strength that APEC has in implementing the Collaborative Framework is its affiliation with the private sector.  Under the Collaborative Framework the APEC EC partners with ODR platform providers in offering ODR.  The APEC EC did not try to provide its own platform and compete with ODR providers.  Another key strength is the APEC EC’s partnership with academic institutions.  The SELI Administrative Implementation Workplan provides the structure to enable collaboration between the EC and academic institutions from economies that have opted into the Collaborative Framework. The Work Plan specifies that academics may assist with local capacity building for economies, MSMEs and potential platform providers in participating economies through workshops, webinars, and other events. The APEC EC can also call on its team of academic experts to help review ODR Providers’ compliance with the Framework and Rules and help bring into compliance.

Sustainability

This project will contribute to the implementation of the strong ongoing framework that already exists for ODR and the Collaborative Framework in the APEC EC.  The Economic Committee has endorsed: the Collaborative Framework and Model Procedural Rules (at EC 2 in 2019); the SELI Administrative Implementation Work Plan for the Collaborative Framework and the Satellite Website proposal  (https://www.apec.org/SELI) (at EC 1 in 2021); and the implementation of the Collaborative Framework and partnering with ODR providers (at EC 1 in 2022). 

The SELI Work Plan under the Enhanced APEC Agenda for Structural Reform (EAASR) (endorsed by the EC in November 2021) also recognizes the important contribution ODR and the Collaborative Framework make to all four pillars of APEC EC work on EAASR including creating an enabling environment for open, transparent, and competitive markets; boosting business recovery and resilience against future shocks; and harnessing innovation, new technology, and skills development to boost productivity and digitalization. 

Progress on the Framework can be measured by the number of additional economies that opt into the Framework, the number of additional APEC ODR Providers that partner with the APEC EC, and the number of MSMEs that agree to use ODR and the partnering ODR providers.  Another useful gauge of the success of the implementation of the project is the average time it takes for an ODR provider to resolve a dispute under the Collaborative Framework and the degree of satisfaction expressed by users of the ODR platforms. (Under the Framework (paragraph 4.5) ODR Providers are required to ask the parties to complete a feedback questionnaire about asking about their satisfaction with the service provided by the ODR provider).

Project Overseers

Yusuke Iino (Mr.), Director for Global Cooperation on Governance Strategy, Digital Economy Division, Ministry of Economy, Trade & Industry (METI), Japan (present); Attorney-at-Law (Litigation & Restructuring); have represented enterprises in ADR for Business Turnaround at Mori, Hamada & Matsumoto; LL.M in International Economic Law, Business & Policy (2021) at Stanford Law School; a member of Stanford Artificial Intelligence & Law Society (SAILS).      

Yoshihisa Hayakawa (Mr.) is a professor of law at Rikkyo University, Tokyo; a partner at Uryu & Itoga law firm, Tokyo; an international arbitrator; and the Japanese representative for several private international law negotiations including the UNCITRAL ODR Technical Notes. He is the Convener of SELI in the APEC EC.  He has served as a speaker at all of the EC policy dialogues and workshops on developing the APEC ODR Collaborative Framework since 2017.   He was a Project Overseer for the second APEC Workshop on Developing a Collaborative Framework for ODR in Osaka, Japan in May 2019 and the APEC Workshop on Implementing the Collaborative Framework in Tokyo, Japan in February 2021. He is the President of the Japan National Committee of UIA, a member of the Commission on Arbitration and ADR of the ICC and a member of Users Council of Singapore International Arbitration Center.  He also teaches and conducts research at Columbia University, Cornell University, QM College University of London and the Australian National University.


Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

A contactor will be engaged to:

a.  assist in drafting the draft Study on Best Practices in Implementation of ODR (18.75 days);

b. assist in development of workshop content (e.g. agenda, speakers) (8.125 days); and

c. draft detailed workshop report (4.375 days).

POs intend to select as a contractor an ODR expert who has participated in earlier APEC workshops and policy dialogues and is already familiar with the Framework.   The contractor will be expected to produce the study, workshop reports, and other written materials in a level of English that is fit for publication and requires no further copy-editing by the APEC Secretariat.

No.

Specific Tasks

No. of Hours

1.             

Draft Best Practices on Implementation of ODR (25-30pages)

Remote technical assistance for review of Work Plan (e.g. phone calls, drafting and review of documents).  Present draft of Best Practices on Implementation of ODR at Workshop.  Revise report based on comments received at Workshop.

150

2.             

Create Draft General Information Circular; Help organize Workshop by preparing a list of Proposed Workshop Speakers, Draft Proposed Workshop Agenda, and Workshop Evaluation Forms (pre and post workshop).   Serve as Expert and Moderator at Workshop.

65

3.             

Draft Summary Workshop Report (10-15 pages) to be presented to SELI and the EC. -- Summary of discussions and presentations, participant recommendations and conclusions and draft Best Practices on Implementation of ODR.  Revise Workshop report based on comments received from POs, economies, and SELI.

35

Total:

250


Waivers

A waiver is requested to allow per diem for 8 travel paid speakers plus contractor each day over the three-day workshop (for a total of 9 speakers) given the wide range of topics that needs to be addressed at the workshop and the differing approaches to implementing ODR in economies, especially in the public sector. POs will seek as many complementary expert views as possible to accourage economies to opt into the Collaborative Framework and utilize ODR. At the last workshop on ODR (held virtually), POs used 7 speakers from academic institutions plus the contractor/expert.  POs would like to add speakers from UNCITRAL and UNIDROIT to discuss implementation of relevant legal standards for ODR and expert speakers from APEC economies to discuss use of ODR in their economies and courts.  Speakers will be expected to attend all three days of the workshop to provide for continuity.

Are there any supporting document attached?

No 
Attachments
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Version HistoryVersion History

Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

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Originating Sub-Forum

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