LawTech.Asia

Southeast Asia's foremost Law & Technology Review

Category: Online Dispute Resolution

RDO x LawTech.Asia: International Commercial Courts and the Role of Technology

Written by Maryam Salehijam (RDO) | Edited by Josh Lee

International commercial courts (“ICCs”) have been gaining attention as a new forum for the resolution of commercial disputes. Notable examples include the London Commercial Court, the Dubai International Financial Centre Courts (“DIFCC”), the Netherlands Commercial Courts, and the Singapore International Commercial Courts (“SICC”). There are commentaries and articles that discuss the purpose of ICCs and how they complement arbitration in the international dispute resolution landscape. This article does not intend to wade into that well-traversed discourse. Suffice it to say that ICCs broadly serve the following purposes:

  1. Provide a platform for cases that are better suited for a process that is “relatively open and transparent, equipped with appellate mechanisms, the options of consolidation and joinder, and the assurance of a court judgment”[1];
  2. Allow disputants to avoid problems faced by arbitration (e.g. increasing judicialization and laboriousness in process resulting in delays accompanied by rising costs, unpredictability in the enforcement of arbitral awards, or lack of consistency in arbitral decisions)[2]; and
  3. Facilitate the harmonisation of commercial laws and practices.

As ICCs are a modern development, they have attempted to incorporate modern technologies to enhance their ability to deal with the cross-border, large-scale nature of the cases that they deal with. This article takes a quick look at the following two questions:

  1. To what extent should the adoption of technology be a priority for an ICC? 
  2. Would ICCs be able to leverage the upcoming wave of online dispute resolution (“ODR”)? 

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Legal Technology in Singapore

Written by Amelia Chew, Jennifer Lim Wei Zhen, Josh Lee Kok Thong, and Tristan Koh

The LawTech.Asia is proud to publish the first-ever detailed outline of the legal technology sector in Singapore (as far as we are aware)!

This article is the result of a months-long project to map out the root, state and outlook of the legal technology sector in Singapore, and furthers LawTech.Asia’s fundamental purpose of improving awareness, knowledge and interest in legal technology. It is hoped that this article will be a helpful piece for legal professionals, legal technologists and law students to have a bird’s eye-view of legal technology in Singapore, and to assist in the building of a thriving legal tech community in Singapore. 

While intended to be extensive, the article does not purport to be exhaustive or authoritative, or to express the position of any particular organisation or initiative. This article will be a “living document” that will continue to be updated as more news comes to the fore.

To access the article, click here!

At the outset, the authors wish to express thanks for the innumerable sources of information available online, without which this project would not have been possible. Any mistakes herein remain the authors’ own.

#LexTech18 Quick Chats: Aditya Shivkumar, Resolve Disputes Online (RDO)

Interview by Jennifer Lim, Josh Lee, and Ong Chin Ngee | Edited by Josh Lee

Organised by Malaysian legal tech startup CanLawLexTech Conference 2018 is an APAC-wide regional legal technology conference taking place from 25 to 26 October 2018 in Kuala Lumpur. LexTech Conference 2018 aims to drive legal tech adoption in the region and strengthen the regional legal tech community. In the lead-up to LexTech Conference 2018, the LawTech.Asia team will be bringing to you regular interviews and shout-outs covering prominent individuals who are involved in the conference.

LawTech.Asia spoke with Aditya Shivkumar, Co-Founder of Resolve Disputes Online (“RDO”), about smart contracts and online dispute resolution (“ODR”) – a topic that Aditya will be speaking on at the LexTech Conference.

What are smart contracts, and what sort of transactions can it be used for? How specifically do you think smart contracts can be applied in ODR?

Smart contracts are not your conventional paper-based contracts. It actually consists of lines of code. There are multiple coding languages for smart contracts, such as Solidity or Bamboo (if one is executing a smart contract on the Ethereum network). Smart contracts utilise blockchain technology. The former is the front-end, while the latter is the back-end. 

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Announcement of Collaboration: Resolve Disputes Online x LawTech.Asia

What is technology? What can it be? What can we shape it to be?

While we aren’t entirely sure – yet – of what technology is and what it can be, what we know about technology is that it is a force. It knows no boundaries. We also know that it is ever-changing: the dreams of yesterday become the technologies of today, while the technologies of today become the antiques of tomorrow.

Let’s face it too – we all know lawyers secretly can’t get enough of technology.

In this spirit, Resolve Disputes Online (RDO) and LawTech.Asia are proud to announce a special collaboration to answer these questions and share our vision – our vision in which technology can revolutionise the practice of law, and where the law can regulate new technologies for the betterment of society. We also look forward to uncovering for our readers, and ourselves, a little more about what technology is, and its impact on the legal industry.

For both our readers, this means that RDO and LawTech.Asia will be co-writing and co-publishing articles relating to law and technology. Some of the possible topics we intend to explore include:

  • Online Dispute Resolution (ODR)
  • Access to Justice
  • The role of Blockchain in law
  • AI and the courts
  • Justice on the go

We can’t wait to get started.

This collaboration had its roots in Singapore (over coffee and kaya toast). As much as RDO is a legal tech company focusing on online dispute resolution – an area LawTech.Asia also covers, we realised that both our teams embraced the philosophy that technology can impact all parts of the legal industry. Advancements in one area of legal technology could easily generate lessons applicable to dispute resolution and ODR. After all, some say ODR is simply the adoption of technology in dispute resolution.

Through our contributions, we hope to foster and create a spirit of togetherness amongst societies, and to leave an indelible impact in the quest to provide a sneak peek into access to justice through ODR.

Look out for us.

This collaboration is proudly spearheaded by Ms Maryam Salehijam, Head of Content and Blogs, RDO, Mr Aditya Shivkumar, Co-founder, RDO, and Mr Josh Lee and Ms Jennifer Lim, Writers and Editors of LawTech.Asia.​

Recent Growth and Developments on Online Dispute Resolution in Southeast Asia

Written by Josh Lee and Professor Thomas G. Giglione

This is the first part of a two-part series on recent developments in online dispute resolution. These series was co-written by Josh Lee and our guest contributor, Professor Thomas G. Giglione.

Professor Giglione is an experienced commercial mediator, and is the Convener for the 2017 Asia Pacific Mediation Forum Conference in Da Nang, Vietnam.

Introduction

Notwithstanding the continued importance of “traditional” dispute resolution mechanisms such as litigation and ADR, online dispute resolution (“ODR”) has continued to grow in influence and importance as an enabling tool for lawyers in assisting clients with the resolution of disputes.

This development, however, has been patchy at best. Certain regions, such as South-East Asia (“SEA”), do not seem to have embraced ODR as compared to regions like the European Union (“EU”). This is in spite of the sustained explosion in growth of mobile usage and e-commerce in SEA – between January 2016 and January 2017, for instance, the number of internet users and mobile subscriptions in SEA jumped by 80 million and 62 million respectively.

In this 2-part series, we intend to bring attention to major ODR developments in the EU, and to explore the possibility of applying such developments in the SEA context. In particular, our two mini-articles will cover the following areas:

  1. Briefly trace the global development of ODR, and to identify the development phase that ODR is in today;
  2. Identify the latest major development on ODR in the EU, the pan-EU ODR system, and to examine its main features, strengths, and criticisms;
  3. Broadly assess the desirability and feasibility of implementing a region-wide ODR network in SEA, with suitable modifications, if any; and
  4. To this end, identify certain inroads that have been made so far towards the implementation of such a region-wide ODR network in SEA.

The first part of this series will cover (a) by tracing the global development of ODR, and attempt to identify the phase of development that ODR is currently in.

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