IPBA 2021

The Impact of Online Dispute Resolution and AI

Organised by: Dispute Resolution & Arbitration Committee

Session abstract:

This session aims to describe present features of the immediate and world-wide developments of Online Dispute Resolution (ODR), including US, EU and Asia. The collaborative projects on ODR by UNCITRAL and APEC will be explained as well. The present and future use of AI in the ODR systems will be examined in the Panel Discussion.

Moderators

Aoi Inoue
Partner
Anderson Mori & Tomotsune
Tokyo

Aoi Inoue is a partner and co-head of international arbitration at Anderson Mori & Tomotsune. He specializes in international arbitration and litigation. He represents clients in a wide range of business disputes, including sales of goods, joint venture, distributorship, licensing, franchising, construction projects, complex financial products, labor & employment and product liability.

He has acted as counsel in a number of international arbitrations under various rules including the ICC, SIAC, HKIAC, JCAA, VIAC and UNCITRAL. He also serves as arbitrator and has been appointed to the panel of arbitrators of the JCAA, KCAB INTERNATIONAL and Japan Sports Arbitration Agency (JSAA). He has been recognized as a leading arbitration lawyer in Who’s Who Legal: Arbitration 2021, Who’s Who Legal: Japan, The Legal 500: Asia Pacific, Best Lawyers and Benchmark Litigation Asia-Pacific.

He currently serves as Vice-Chair of the Dispute Resolution and Arbitration Committee of the Inter-Pacific Bar Association (IPBA), and Chair of the Research & Study Committee of the Japan Association of Arbitrators (JAA).

Aoi Inoue also acts for overseas clients seeking to expand their business and operations into Japan through international franchising. His support includes structuring, negotiating and drafting international direct franchise agreements, international master franchise agreements and joint venture agreements. He has been nominated for inclusion in Who’s Who Legal: Japan’s list of recognized franchise lawyers.

Aoi Inoue received his LLB from the University of Tokyo, and holds an LLM from Columbia Law School. He is admitted to practice in Japan and New York. He worked for Hughes Hubbard & Reed LLP, a New York law firm, as a visiting attorney (2010 to 2011) before he resumed his position at Anderson Mori & Tomotsune. He co-authored Law and Practice of International Commercial Arbitration (Maruzen-Yushodo, 2016).

Moses W. Park
Barrister
Liberty Chambers
Hong Kong

Moses W. Park is a dispute resolution lawyer practicing as a barrister (trial advocate) based in Hong Kong.

His practice mainly focuses on conduct and resolution of cross-border and international commercial arbitration and litigation. He has handled a broad spectrum of commercial work with an emphasis on civil fraud, asset-tracing/recovery, enforcement of foreign arbitral awards/judgments, family office as well as shareholder disputes.

Moses has expertise concerning recovery strategies and emergency relief measures related to fraud including Mareva injunctions, Norwich Pharmacal orders and asset tracing proceedings. He is well versed in the enforcement of foreign judgments and arbitral awards process in Hong Kong. His clients have included multi-national corporations and businesses as well as high and ultra-high net worth individuals.
Moses specialises in multi-jurisdictional financial crime and regulatory matters. He advises financial institutions on cross-border fraud and asset recovery related issues and has particular expertise in conducting complex multi-jurisdictional asset tracing. His experience spans a wide range of industry sectors, particularly, financial services, family offices and private equity funds.

His work extends to regulatory fields (providing advice on matters governed by securities and banking legislation). Lately, he has been advising international clients on regulatory issues relating to governance and regulation of family offices.

He is currently serving in the Committee of Arbitration at the Hong Kong Bar and the Committee of Commercial Law & Practice at the International Chamber of Commerce (ICC) Hong Kong.

Speakers

Prof. Yoshihisa Hayakawa
Professor of Law
Rikkyo University
Tokyo

Yoshihisa Hayakawa serves as a professor of law at Rikkyo University, Tokyo. He also teaches and researches in a number of foreign universities including Columbia University, Cornell University, QM College of University of London and Australian National University. He also serves as a partner at Uryu & Itoga, Tokyo. He serves as a counsel in many cases of transnational litigation and international commercial arbitration as well as serving as an arbitrator in many arbitration cases. He also serves as a representative from Japan for a number of inter-governmental organizations including UNCITRAL, APEC (ODR Project), ISO (ODR Project) and the Hague Conference on PIL. And he serves as President of Japan National Committee of UIA, Japanese Member for Commission on Arbitration and ADR of ICC, Japanese Member of Users Council of SIAC and Arbitrator for Court of Arbitration for Sport. He serves as Executive Director and Secretary General of Japan International Dispute Resolution Center. He also serves as Chair of IT/ODR Section of Japan Federation of Bar Associations.

Michael Cartier
Partner
Walder Wyss AG
Zurich

Michael Cartier is partner at Walder Wyss in Switerzland. He has acted in more than 50 international arbitrations under Swiss Rules, ICC Rules, LCIA Rules, DIS Rules, FOSFA Rules and ad hoc proceedings as counsel, arbitrator and expert. His focus is disputes stemming from construction and engineering projects, distribution and agency agreements, pharmaceuticals, telecommunication, commodities and M&A transactions. He also has extensive experience in recognition and enforcement matters. He is listed on the panel of arbitrators of the ICC National Committee (Switzerland) and of KCAB International.

Michael regularly speaks and publishes in his field, and has recently contributed to the IPBA Guidelines on Privilege and Attorney Secrecy in International Arbitration, the Switzerland Chapter of Getting the Deal Through “Complex Commercial Litigation in Switzerland” and the publication “Arbitration in Switzerland – The Practitioner’s Guide” with a commentary on the enforcement and recognition of arbitral awards. He has spoken on the use of Legal Tech to increase efficiency in arbitration at the SCAI Innovation Conference, the use of Legal Tech in the selection of arbitrators for DIS40 in Zurich, and on the “Technology and International Arbitration, AI for IA?” at the IPBA Annual Conference in Manila.

Michael studied law at the St Gall University (lic iur HSG 2001, Dr iur 2007). During his studies he spent a year in Japan studying Japanese and working for a Japanese trading company. He has been practising law in Zurich since 2004, prior to which he clerked with a Swiss district court and a Swiss department of energy, construction and environment. He has previously been the Chief Technology Officer of the Inter-Pacific Bar Association (IPBA) and currently heads up a working group of ASA on implementation of an online arbitration platform. He is also involved in the development of the litigation/arbitration software ExhibitManager (www.exhibitmanager.com).

Wendy Lin
Partner
WongPartnership LLP
Singapore

Wendy Lin is a Partner in the Commercial & Corporate Disputes and International Arbitration Practices at WongPartnership LLP. Wendy has an active practice in high-value, multi-jurisdictional, and complex disputes spanning a wide array of commercial and corporate, technology, fraud, and asset recovery matters. She regularly appears as counsel before the High Court and Court of Appeal, as well as in arbitrations conducted under various arbitral rules, including the SIAC, ICC, HKIAC, LCIA, UNCITRAL, ICSID and LMAA rules.

Wendy earned the rare distinction in 2020 of being selected as a Global Leader by Who’s Who Legal in 3 practice areas: Litigation, Arbitration and Asset Recovery. This built on her achievement in 2018 where her peers selected her as a “standout practitioner” and one of the 4 most highly-regarded litigation partners in Asia-Pacific under the age of 45 in the inaugural edition of Who’s Who Legal: Litigation – Future Leaders. Wendy has also been recommended for her dispute resolution and international arbitration work by various legal publications, where she has been variously complimented as “a first-class advocate, with the unparalleled ability to cut through numerous complex facts and legal arguments, extract the winning arguments, and to convey them effectively, with absolute charm and ease”; “fiercely intelligent and a client’s dream come true”; “a highly distinguished litigator who fully understands and is able to manoeuvre comfortably in commercial aspects that are highly technical and complex”; “an extremely knowledgeable and a highly-strategic thinker unfazed by the pressures of high stakes litigation”.

Rodolphe Ruffié
Partner
Clifford Chance
Perth

Rodolphe Ruffié specialises in international commercial arbitration, investor-state dispute settlement, and public international law. His practice encompasses Europe, Asia-Pacific, Africa, and North America.

Rodolphe advises parties to high-stake cross-border disputes in a wide range of industries and jurisdictions. In addition to energy, mining, infrastructure projects, he has a specific focus on space activities, esports, and medical cannabis.

Rodolphe has acted both on the counsel side and as tribunal secretary under most of the main arbitration rules, including the ICC, UNCITRAL, ICSID, SIAC, HKIAC, CIETAC, and WIPO’s UDRP, the fully online arbitration service for the resolution of domain name disputes. He is registered as an arbitrator with the International Arbitration Centre of the Chinese Arbitration Association (CAAI) and the Pacific International Arbitration Centre (PIAC).

Rodolphe also has experience handling international trade disputes (WTO) and award enforcement proceedings, including against sovereign states.

He speaks French, English, Mandarin, and Spanish.

Rafael Villar Gagliardi
Partner
Demarest, Advogados
Sao Paulo

Partner at Demarest Advogados, acting as counsel and arbitrator in domestic and international disputes involving Energy, Construction Projects and Infrastructure, Corporate Law and Commercial Contracts. LLB, LLM and PhD degrees earned from Pontifical Catholic University of São Paulo. Visiting researcher at the London School of Economics and Political Science (LSE). Fellow of the Chartered Institute of Arbitrators (CIArb). Visitant lecturer at the post-grad arbitration course at PUC-SP/COGEAE, the Brazilian Institute of Energy Law (IBDE) and others. Member of the roster of arbitrators of several arbitral institutions. Co-chair of the Energy Arbitration Committee of CAMARB, in Brazil. Member of the Latin-American Arbitration Association (ALARB) and Brazilian Institute of Private Law (IDiP). Author of articles and books published in Brazil and abroad on the topics of Arbitration, Energy, Commercial Contracts and others.

ACTIVITIES AND MEMBERSHIPS

  • Fellow of the Chartered Institute of Arbitrators (CIArb)
  • Visiting researcher at the London School of Economics and Political Science – LSE (2012)
  • Visiting lecturer of the post-graduation course at the PUC-SP/COGEAE (Arbitration), of the Brazilian Institute of Energy Law (IBDE) and others
  • Chair of the Energy Arbitration Committee of CAMARB
  • Listed as arbitrator in several arbitral institutions, such as CAM-CCBC, FIESP, CAMARB, CAMFIEP
  • Member of the Publications Committee of the International Council For Commercial Arbitration (ICCA), of the Latin American Arbitration Association (ALArb)
  • Brazilian Institute of Private Law (IDP) and of the Advisory Board of the CISG-BRASIL.Net
  • Member of the Latin American Regional Forum of the International Bar Association (IBA)

PUBLISHED WORKS

2019: Author of the article “The sonnet and the amendment: a solution that may become a problem?”, published in the book “International Law and Arbitration: studies in the honor of Prof. Claudio Finkelstein” (Quartier Latin)
2019: Coauthor of the book “Commentary on the Public Registrars Act” (GEN/Forense)
2017: Author of the review of the book “Arbitration in the field of Energy: Power”, Brazilian Arbitration Review (Kluwer/CBAr).
2016: Coauthor of the book “The CAM-CCBC Arbitration Rules: a Commentary” (Eleven).
2016: Coauthor of the chapter “Interaction between CISG and INCOTERMS” of the book “CISG and Latin America: regional and global perspectives” (Eleven).
2016: Coauthor of the chapter “The opposite of form: input from substantive law to the regulation of third parties in arbitration (analysis based on Brazilian leading cases)” of the book “The Arbitration Reform” (Forense).
2015: Coeditor of the book “The Vienna Convention on International Sales Agreement: challenges and perspectives” (Atlas).
2015: Author of the article “Damages under the CISG” of the book “The Vienna Convention on International Sales Agreement: challenges and perspectives” (Atlas).
2015: Co-author of the chapter “Arbitration and Energy Law” of the book “Investment Protection in Brazil” (Kluwer Law International).
2015: Author of the chapter “Administrative and Collective Adverse Possession” of the book “Urban Law” (Estatuto da Cidade) (Thomson Reuters).
2015: Co-author of the chapter “Suspension of Performance in Civil Law and Common Law” of the book “Applied Corporate Law, v. 1” (Direito dos Negócios Aplicado, v. 1) (Almedina)
2014: Co-author of the chapter “Laws applicable to Arbitration Proceedings” of the book “Commercial Arbitration: principles, institutions and proceedings” (Marcial Pons).
2014: Author of the chapter “Suspension of Performance in the CISG” of the book “Brazil and the 1980 Vienna Convention” (Marcial Pons).
2014: Co-author of the book “Commentary to the Public Registration Act” (Lei de Registros Públicos Comentada) (GEN/Forense).
2013: Author of the article “Confidentiality in International Commercial Arbitration” (Brazilian Arbitration and Mediation Review – RArb).
2013: Author of the article “Open Legal System, General Clauses and Party Autonomy” (Brazilian Civil-Constitutional and Consumer Relations Review).
2012: Co-editor of the book “10 Years of Civil Code: Challenges and Perspectives” and author of the chapter and “Brief Notes on Limitation Clauses in Brazilian and British Law” (Atlas).
2012: Co-author of the article “Fraud and Foreclosure by Payment in Kind to the Mortgagee” (Real Estate Law Review).
2011: Author of the chapter “Preliminary Agreements” of the book “General Theory of Contracts”) (Atlas).
2010: Author of the book “Withholding performance” (Exceção de contrato não cumprido) (Saraiva).