Outputs
1) Study on Issues Relating to the Implementation of the Collaborative Framework and the Use of ODR in APEC (the Study)
Study on Implementation of the Collaborative Framework and the Use of ODR in APEC (the Study) (minimum of 20 pages excluding annexes). – APEC publication
a. Contract consultant to create a draft Study (August-September 2024) – includes ToR, APEC Secretariat approvals and issuing of $20,000 contract.
b. The contractor will develop the Study primarily based on existing experience with ODR and Collaborative Framework, desktop research, and a survey/questionnaire concerning the economies' use of ODR.
c. PO will review the draft to be presented at the 3-day Workshop.
d. Updated Study which will include key takeaways (conclusions and recommendations) from the Workshop (see below) and will be presented to SELI and the EC at EC1 or EC 2 2025.
The Study will include a table of contents, an introduction, a substantive discussion, and a conclusion. It will provide information/statistics concerning the implementation of ODR under the Framework, recommendations concerning the application of the Framework to B2C transactions, and a review of the general implementation of ODR in APEC Economies, including through the courts. (Earlier studies focused on best practices in using ODR and the legal frameworks in economies for implementing ODR).
2) 3-Day Workshop, November 20-23, 2024, Tokyo, Japan
a. 60 participants (including 16 travel-eligible, 15 speakers and the contractor):
i. PO will invite relevant policymakers and government officials responsible for the design and implementation of 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 conduct a survey/questionnaire of APEC economies concerning their use of ODR.
iii. POs will invite experts from other APEC fora (e.g., ABAC, SMEWG). iv.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 under the Framework.
v. POs will also invite key experts from relevant international institutions such as UNCITRAL and the World Bank.
vi. The three-day Workshop will be held in person. The plan is to start at 9 each day and end at 5.
vii. POs 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. 3-day Workshop Plan/Agenda (subject to recommendations from the contractor):
i. The contractor will present the draft Study and participants will be invited to offer comments. Contractor will revise the Study based on comments received. Key takeaways from the Workshop will also be included in the Study.
ii. Panel session lead by POs, Contractor, and experts (including from relevant international institutions such as UNCITRAL and the World Bank) 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).
iii. 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 PO and Contractor.
Recommendations will be included in the Workshop Report.
iv. 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).
v. 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.
vi. Panel session will address how the APEC ODR Collaborative Framework contributes to all four pillars of EAASR and benefits MSMEs and women- owned businesses.
vii. 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).
viii. 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.
iv. Panel session will also address challenges that are experienced by female owned businesses in resolving disputes and the benefits of using ODR.
x. Distribute and collect ex-post evaluation during the last session of the Workshop.
xi. Include several active learning sessions (e.g. small group work) to drill down on specific topics, best practices, or questions each day of the workshop.
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. Currently, 4 economies have opted into the Collaborative 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, 5 ODR Providers have partnered with the APEC EC.
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.
4. 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.
Beneficiaries
Member economies are encouraged to nominate relevant government officials responsible for the design and implementation of dispute resolution systems involving ODR including for the courts. POs will also seek recommendations on the participation of key private sector dispute resolution experts. Immediate beneficiaries of this project will be the member economies that opt into the Collaborative Framework, their dispute resolution providers (who will be able to partner with the APEC EC) and businesses (including MSMEs) (that will be able to expand their economic participation and reduce business risks using ODR). An ABAC survey of small businesses found that MSMEs engaging in cross-border e-commerce increase productivity by 6-15%, and participation of women-led businesses doubles. Longer term beneficiaries include domestic dispute resolution providers and the courts who would greatly benefit by implementing ODR and key industry stakeholders/partners.