Project Title

Stakeholder Engagement and Capacity Building on the APEC Collaborative Framework on Online Dispute Resolution (ODR) to Improve Cross-Border Trade in Indonesia 

Project Year

2022   

Project Number

EC 02 2022A 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

EC 02 2022A 

Project Title

Stakeholder Engagement and Capacity Building on the APEC Collaborative Framework on Online Dispute Resolution (ODR) to Improve Cross-Border Trade in Indonesia 

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

100,000 

Co-funding Amount

27,120 

Total Project Value

127,120 

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)

Indonesia 

Co-Sponsoring Economies

Hong Kong, China; Japan; Chinese Taipei; Viet Nam 

Expected Start Date

01/09/2022 

Expected Completion Date

30/11/2023 

Project Proponent Name 1

Netty Muharni 

Job Title 1

Assistant Deputy Minister for Regional and Sub-Regional Economic Cooperation 

Organization 1

Coordinating Minister for Economic Affairs 

Postal Address 1

Not Applicable 

Telephone 1

(62) 81284201042 

Fax 1

Not Applicable 

Email 1

netty.muharni@ekon.go.id 

Project Proponent Name 2

Titis Arba 

Job Title 2

Economic Analyst 

Organization 2

Coordinating Minister for Economic Affairs 

Postal Address 2

Not Applicable 

Telephone 2

(62) 8119294010 

Fax 2

Not Applicable 

Email 2

apec.ec.ina@ekon.go.id 

Declaration

Netty Muharni and Titis Arba 

Project Summary

MSMEs account for around 99.9% of all businesses in Indonesia. A large number of MSMEs (77%) are also taking part in the total number of Indonesian enterprises engaging in cross-border trade. Thus, resolving cross-border disputes is a potential risk and a challenging task. The APEC Online Dispute Resolution (ODR) Collaborative Framework may provide an alternative and affordable online cross-border dispute resolution option for MSMEs, however, it is yet to have adequate exposure and recognition in Indonesia.

The results of an ODR study conducted in Indonesia recommend the importance of further exploring the ODR Framework in terms of regulations, infrastructure, and beneficiaries. This project is a follow-up from the result of this original study, by conducting a further study with expected recommendations on how to design a more detailed regulatory framework for ODR mechanisms in Indonesia.

The results and recommendations of this new study will be presented at a two-day workshop in Indonesia in May 2023. Speakers from academia, dispute resolution agencies, regulators, MSMEs, and private sectors from APEC economies will be invited to participate in the workshop and share experiences.

Relevance

Relevance - Issues: The outbreak of the COVID-19 pandemic presented us with the momentum to transform our way of life to be more effective, efficient, and adaptable, especially in doing business. The APEC Online Dispute Resolution (ODR) Collaborative Framework, which encourages the use of digital technology to resolve cross-border business-to-business (B2B) disputes, is one of the options available to solve business disputes in an innovation-friendly manner.

Moreover, with social distancing likely to become the new norm for a while, courts are faced with the task of balancing the public’s need for an efficient justice system with everyone’s health and safety. ODR, along with a host of other approaches, will likely play a role in tackling the post-pandemic demand for legal services (Houlberg, 2020).

Currently, knowledge and legal infrastructure in Indonesia regarding ODR are quite limited, particularly when it comes to the APEC collaborative framework for ODR. According to a 2021 study by the Indonesian Center for Law and Policy Studies (PSHK), creating awareness, developing capacity, and supporting the formulation of rules for dispute resolution institutions is the first step in Indonesia accepting the APEC ODR Framework. Technically, the Indonesian judiciary has used video conferencing facilities to listen to witness and expert testimony, both in the Constitutional Court and in district courts, and the process is expanding in the midst of a global pandemic. The B2B ODR Framework, on the other hand, is a comprehensive mechanism that makes use of technologies such as artificial intelligence, robust security, anonymity, and neutrality that are frequently underutilized in online litigation procedures. Although the online judicial process has a regulatory basis, the technical aspects of ODR in the Indonesian judicial and arbitration system have not been properly defined or regulated.

This project will explore the ODR Framework in terms of regulations and infrastructure as wells as the benefit not only for Indonesia but also for other APEC Economies. This follow-up study is expected to produce a more detailed legal framework for ODR in Indonesia in terms of regulation, infrastructure, and beneficiaries, as well as raise stakeholder awareness of the potential benefits of ODR for MSMEs. The ODR mechanism that has been established in the APEC economies can be used as a benchmark for comparative analysis because alignment of the framework with other economies is necessity. The study's findings will be presented at a two-day workshop attended by prominent speakers from Indonesia and other APEC economies.

Eligibility and Fund Priorities: The project seeks to be funded by APEC SELI Sub-Fund. This project will support Indonesia to strengthen its economic legal infrastructure in building awareness and understanding about ODR in Indonesia and the Asia-Pacific region. The contribution of this project would be in line with the SELI priorities to support MSMEs in their business transactions by helping to settle disputes more effectively and efficiently. In this pandemic era, where business should be done with minimum face-to-face interaction, this project may offer valuable insight to accelerate the implementation preparation to establish an ODR mechanism from the aspect of regulation, infrastructure and users as well as part of the efforts towards Indonesia’s readiness to opt-in the APEC ODR Framework.

Capacity Building: The project is expected to develop the awareness of the ODR Framework with stakeholders in Indonesia and evaluate businesses' viability in utilizing the Framework. The project will also carry out an inventory, identification and consolidation phases with stakeholders regarding issues/topics in preparing the implementation of the APEC Collaborative Framework on ODR in Indonesia. The result of these activities will be recommendations to formulate policies/infrastructure, including the requirements of specific regulations or other legal provisions needed for the implementation of the Framework in Indonesia. The two-day workshop will then be organized as the final program of this project to showcase the study among stakeholders and invite APEC economies to stimulate further discussion and comments and to share their experiences on implementing the APEC ODR Collaborative Framework. The objective of the workshop is to develop capacity by increasing awareness and understanding and emphasize learning from the business community, policymakers, and experts on various topics related to the regulatory regimes, challenges, and opportunities for current and future utilization of the APEC ODR Framework.

Objectives

The project aims to analyze Indonesia’s readiness to implement the APEC ODR Framework and to recommend regulatory elements to support ODR providers to build ODR mechanisms. The project will also facilitate sharing of knowledge and exchange of information on international legal instruments and ODR to support economic development through a capacity-building workshop. The result of the workshop will be compiled to develop a set of recommendations that could serve as a reference to promote the development of ODR mechanisms in APEC economies.

Alignment

Alignment to APEC: The project supports Thailand’s host year APEC 2022 first priority, Open Trade and Investment to all opportunities, by accelerating APEC’s work to support the digital economy. The project will help to boost awareness of MSMEs in utilizing ODR as an alternative dispute resolution. The project is also in line with the second economic driver of APEC Putrajaya Vision 2040, Innovation and Digitalisation to pursue structural reforms and sound economic policies to promote innovation and improve productivity and dynamism. Moreover, the project supports the collective actions on the Aotearoa Plan of Action, such as (i) Adopt new and emerging technologies to stimulate growth, connectivity, and digital transformation and (ii) Promoting ecosystems that support MSMEs, including those in the creative industry, to take advantage of the digital economy. 

Alignment to Forum: This project aligns with the fourth EAASR pillar in harnessing innovation, new technology, and skills development to boost productivity and digitalization by replacing face-to-face interaction with the internet. This project also follows one of the key areas on the 2021 APEC Ministerial Meeting Joint Statement, to utilize a variety of tools to advance structural reform and other business to reduce behind-the-border barriers and promote strong, balanced, secure, sustainable and inclusive growth in the region.

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs: 

1)  Research Report. The Report targeting of maximum 100 pages in length (excluding Appendices), with the purpose of the report is to produce detailed recommendations for the development of the APEC ODR legal framework in Indonesia with several comparisons to several opt-in APEC economies (e.g. United Stated, Singapore, Japan), which can be a reference for other APEC member economies. The scope of the research includes mapping the existing legal framework, analyzing the applicability of the APEC collaborative framework for ODR in Indonesia, analyzing the situation of MSMEs in Indonesia, and producing recommendations. We will develop the report by using desk research and in-depth interview methodologies. This research report will also include a comprehensive toolkit that stakeholders in Indonesia can utilize as a guideline. The toolkit will contain the elements of a detailed procedure setting guide from the beginning of the dispute to settlement. The final Research Report will be updated to reflect recommendations and discussions at the Workshop and will be an APEC Publication that will serve as a reference for all APEC economies.

2)  Workshop. The two-day in-person workshop will be held in Bali, Indonesia around May 2023 with remote access available as a hybrid event. This activity is carried out to present research results and guidelines, as well as proposition participants' and experts' input and comments for refinement.

This workshop will invite several experts from (i) Government such as Ministries dealing with Justice, Ministry of Law and Human Rights, Supreme Court, and Ministry of Communication and Technology; (ii) business/MSMEs sector including business association; (iii) ODR Providers; (iv) academia or researcher focused on ADR subjects; and (v) related international organization such as UNCITRAL, HKIAC, and HCCH. These experts are expected to actively contribute by providing both comments and recommendations.

Before the workshop, all participants will be required to complete a pre-workshop evaluation and upon conclusion of the workshop, they will be required to complete a post-workshop evaluation as a part of the evaluation criteria.

Draft Workshop Agenda:

1. Research Report Presentation

2. Sharing best practice of APEC ODR mechanism APEC economies

3. Sharing best practice of international instruments academia on the Research Report

4. Sharing best practice of MSMEs associations and ODR providers

5. Discussion on the recommendations

3) Workshop Report. The workshop report will contain the summary of the discussion, findings, and recommendations raised in the workshop with a maximum of 20 pages. It will consist of the following but not limited to: (1) Executive Summary; (2) Summaries of Presentations; (3) Summaries of Discussion; and (4) Recommendation on detailed regulatory framework for ODR mechanisms design in Indonesia that could serve as a reference for other APEC economies. The workshop report will be [] circulated to the EC members for information.

Outcomes:

1. Raise awareness. The expected direct impact of a series of project activities, particularly engaging and workshop, is to raise awareness among MSMEs, policymakers in the MSME and business sectors, and arbitration institutions about the need to regulate and implement the APEC ODR Collaborative Framework in Indonesia, which will benefit MSMEs and the APEC economy. These outcomes will be measured with the Pre and Post Questionnaire prior to and after the workshop.

2. To support policy plan and formulation. The research findings and guidelines will be developed into detailed recommendations to assist policymakers and arbitration institutions in developing policies, regulations, and technology to support the implementation of the APEC ODR Collaborative Framework. It will be particularly useful for APEC economies that are considering impelmenting the ODR Collaborative Framework.

Beneficiaries: The direct beneficiaries of this project are APEC officials from the Ministries dealing with Justice, Ministry of Law and Human Rights, Supreme Court, Ministry of Communication and Technology, Ministry of Cooperatives and MSMEs with the focus on work related to ODR. The benefits for policymakers include: (1) Gain insights on ODR mechanisms and the necessary provisions of the Framework; and (2) benefit from knowledge and guidelines in developing specific policies regarding MSME legal aid and protection related to cross-border dispute settlement.

The secondary beneficiaries are (1) Business/MSME actors and their business associations; (2) mediation and arbitration institutions including ODR Providers; and (3) academia and legal experts focused on ADR subjects. Businesses will improve their awareness of the benefit of the Collaborative Framework as an alternative platform to settle cross-border disputes. The output will be beneficial for MSME actors or their associations to improve their awareness of the benefit of the Collaborative Framework as an alternative platform to settle cross-border disputes; to resolve disputes with foreign parties. It will also be a reference for mediation and arbitration institutions in developing internal regulations and ODR technology for dispute resolution. Researchers and academics can utilize the findings resulting in study as base for their future research.

Dissemination

The Research Report will be published on the APEC Publication website and will be communicated via various electronic channels, including websites and social media channels such as Meta, Twitter, Linkedin, and Instagram to reach wider audience. The communication will be followed by brief information that is easy to understand and encourage the audience to learn more (e.g., through infographics) about the report's content and the guidelines that have been developed. Policymakers in the MSME and business sectors, associations of business actors, MSME actors, academics and practitioners in the economic and legal sectors, mediation and arbitration institutions, civil society organizations, and other communities are the main target of the publication.

The documents will be prepared by an appointed contractor with close monitoring by the PO. Online publication of the document will allow all member economies to have equal access to the documents at ease and disseminate further to their relevant home economy parties. APEC will receive ownership of all publications. APEC Intellectual Property and Logo will be attached on all publications produced in this report. The PO has no intention to sell outputs arising from this project.

The Workshop Report will be sent to all participants and EC members for information.


Gender

This project will involve equal participation of men and women in the following ways:

1. In terms of research data collection, we will conduct in-depth interviews with an equal number of male and female respondents without compromising the quality and competence of the interviewees;

2. In conducting the workshop, we will invite workshop resource persons with an equal number of men and women and ;

3. Encourage APEC member economy to promote qualified women participants to attend the workshop; and

4. Research report will include at least one policy recommendation relating to gender inclusion and address gender perspective in the research agenda.

To ensure the balanced gender representation during the whole project process, the organizer will inform economies that we collect gender balance / sex-disaggregated data for all speakers and participants (not only from APEC funded) on the project event. As women own and run more than 65 percent of MSMEs, this project will certainly benefit women significantly. The outcome of this project has the potential to protect women in cross-border transactions and dispute resolution.

Targets

Female Participants (%)

50%

Female Speakers/Experts (%)

50%

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

V

3

Skills, Capacity Building, and Health

V

4

Leadership, Voice and Agency

5

Innovation and Technology

V


Work Plan



Timeline

Tasks

Deliverables

Sep 2022

Identify the contractor candidates

Engaging and processing the contract

Contractor candidate list

Documents required as per guideline (ToR, CV, etc)

Appointment of Contractor

Oct 2022 – Jan 2023

Conducting research by appointed Contractor:

a)   Follow-up ODR Research in Indonesia (Literature Review, Data Collection, and Data Analysis)

b)   Comparison to several opt-in economies

c)   Research Report consultation with local stakeholders

Research Report - Draft

Feb – Apr 2023

Workshop Preparation:

a)     Identify and engage eligible speakers for each session

b)     Develop and circulate General Information Circular & Invitation of the workshop

c)     Develop pre- and post- workshop evaluation

d)     Develop Workshop Agenda

e)     Invite other related fora to participate (CTI, SMEWG, and DESG)

f)      Invite domestic stakeholders

g)     Prepare for all the logistics (venue and other logistics required)

h)     Prepare for APEC NMP process (if necessary)

List of speakers

List of participants

General Information Circular

Pre- and post- workshop evaluation

Workshop agenda

Mar 2023

Disseminate General Information Circulation to participant

General Information Circular

1 Apr 2023

Submit the APEC Project Monitoring Report

APEC Project Monitoring Report

May 2023

Administering pre-workshop evaluation

Participant fill the pre-workshop evaluation

May 2023

Conduct the 2-day workshop

Administering post-workshop evaluation after the workshop

Workshop agenda

Event Attendance List

Post-workshop evaluation

Jun 2023

Develop the Workshop Report

Finalize the Research Report based on workshop input

Workshop Report

Research Report - Final

Jul 2023

Submission of the Workshop Report to the Secretariat for review and circulate to the EC forum

Preparation of the Research Report as an APEC publication and endorsement by EC.

Endorsed Workshop Report

Endorsed Research Report

31 Jan 2024

Submission of the APEC Project Completion Report and supporting document to the Secretariat

APEC Project Completion Report

Jul – Dec 2024

Participation in the Long Term Evaluation of APEC Projects (LTEAP)

Risks

No.

Risks

How will it be managed?

1

Lack and validity of Data

Digging deeper and more thoroughly into the data sought, searching for valid data sources directly from the source and/or using the network to collect data

2

Composition of male and female participation

(1) in terms of research data collection, namely in-depth interviews of an equal number of male and female respondents without compromising the quality and competence of the interviewees; (2) invite workshop resource persons with an equal number of men and women; and (3) encourage invited workshop participants to promote female members or staff to attend, if possible

3

Lack of participation in workshop, including due to potential ongoing COVID-19 travel restrictions

Circulate the General Information 8 weeks before the workshop Day, follow up attendance, and remind attendance at the workshop. Remote access will be provided as a hybrid event.

4

Publication does not reach target audience

Republish with specific targets in line with project planning.

5

Output is underutilized by stakeholders

·       Ensure the recommendation of the study is relevant to economies challenge

·       Stakeholder coordination followed by sustainable awareness development through seminar and training as well as development of monitoring and evaluation mechanisms for utilization.

6

In-person participation is not meet the minimum number of 2 economies

·       Contact each respective economy to ensure their in-person participation


Monitoring and Evaluation

Evaluation Focus

Indicators

Target Goals

Evaluation Method

Reporting Method

Outputs

1.   Research Report

1.    Contracted executed

Sep 2022

Certification by PO

Contract

2.    Number of pages

100

Research Report

3.    Number of in-depth interviews to conduct with

4

4.    Submission to the Secretariat

31 Jul 2023

Submission to the Secretariat

Email to the Secretariat

2.   Workshop

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

100

Event Attendance List

Completion Report

2.    % of participating men/women (excl. speakers/experts)

50/50

Event Attendance List

Completion Report

3.    No. of speakers/
experts engaged

6

Event Attendance List

Completion Report

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

50/50

Event Attendance List

Completion Report

5.    No. of attending economies

11

Event Attendance List

Completion Report

3.   Workshop Report

1.    No. of pages

20

Certification by PO

Email to the Secretariat with draft report

2.    Submission to the Secretariat

31 Jul 2023

Submission to the Secretariat

Email to the Secretariat with draft report

Out-comes

1.   Increase the awareness of participant regarding APEC ODR and the need to implement it

Increase score of the post-test evaluation

60%

Pre- and Post- workshop evaluation

Completion Report

2.   Set of recommendation to assist policymakers in developing policies & regulations to support the implementation of the APEC ODR collaborative framework

No. of recommendations made

5

Included in the Research Report

Report to EC


Linkages

The organizer will invite representatives from several APEC fora, including EC, CTI, SMEWG, DESG, and ABAC and non-APEC stakeholders from ODR Providers, and International Organizations, such as UNCITRAL, HKIAC, and HCCH to share their valuable experiences in the workshop.

Sustainability

The workshop will be designed to generate greater awareness among MSMEs, policymakers in the MSME and business sectors, and arbitration institutions about the need to regulate and implement the APEC ODR collaborative framework in Indonesia, which will benefit MSMEs and the APEC economy. The research findings and guidelines will be developed into detailed recommendations to assist policymakers and arbitration institutions in developing policies, regulations, and technology to support the implementation of the APEC ODR collaborative framework. Moreover, the study will also identify the need of future capacity building related of the subjects. These recommendation will also serve as reference for other APEC economies.

Project Overseers

Mrs. Netty Muharni (Assistant Deputy Minister for Regional and Sub-Regional Economic Cooperation) together with Ms. Titis Arba (Economic Analyst) are the Project Overseers. Mrs. Netty Muharni is currently the vice-chair of APEC EC and has been highly involved in APEC EC since 2015.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Contractor – Research:

No.

Specific Tasks - Conducting desk research & in-depth interview to develop the Research Report including

No. of Hours

1.             

Develop study on the development of the APEC ODR legal framework in Indonesia with scope of study: mapping the existing legal framework, analysing the applicability of the APEC collaborative framework for ODR in Indonesia, analysing the situation of MSMEs in Indonesia, and producing recommendations

84

2.             

Develop comparison with several opt-in APEC economies

48

3.             

Research report consultation with several local stakeholders – The contractor will conduct 4 in-depth interviews to the stakeholders to collect the information. Each in-depth interviews will take 2 hours (8 hours in total), 24 hours for analysis, and 4 hours for interview arrangements.

36

4.             

Develop comprehensive toolkit that contains the elements of a detailed procedure setting guide from the beginning of the dispute to settlement.

24

5.             

Drafting the 100-page Research Report which will include the recommendations and discussions at the Workshop, including incorporating EC members comments.

12

Total:

204

Contractor – Non-Research:

No.

Specific Tasks – workshop preparation & assist to develop report

No. of Hours

1.             

Develop all the documents for the workshop (agenda including topic of the session, speaker short biographies, participant nomination form, General Information Circular, and pre- and post- workshop evaluation)

30

2.             

Identify and suggest potential speakers and engage with the speakers

18

3.             

Facilitate the workshop including liaising with the speakers and disseminating documents of the workshop

12

4.             

Draft the 20-page Workshop Report

18

Total:

78

Short-Term Clerical:

No.

Specific Tasks – administrative & clerical works

No. of Hours

1.             

Identify, process the contract, and manage all administrative works for venues and webinar vendors

48

2.             

Identify, invite, and manage the confirmation for all project participants

26

3.             

Ensure the workshop run smoothly by:

·       Conduct a dry run one day prior the event

·       Manage all workshop materials

·       Manage all aspects of equipment & hosting and become the contact person regarding the venue and webinar equipment

30

Total:

104


Waivers

Not Applicable.

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

Proposal Status

Originating Sub-Forum

Approval Status
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