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eBRAM APEC Online Dispute Resolution Platform

Listed by APEC as the first and only online dispute resolution (“ODR”) provider from Hong Kong, eBRAM APEC Online Dispute Resolution Platform integrates most advanced technology and offers Negotiation, Mediation and Arbitration services to resolve cross-border B2B disputes between businesses, specifically MSMEs, within the APEC economies.

Available to

All businesses in APEC and worldwide facing any kind of cross-border disputes with any claim amount, if all parties agree to refer the dispute to arbitration under the eBRAM APEC Rules.

Features

Advantages

An overview of the APEC ODR Framework

The Asia-Pacific Economic Cooperation (“APEC”) Collaborative Framework for Online Dispute Resolution (“ODR”) of Cross-Border Business-to-Business Disputes (“B2B”) ("APEC ODR Framework") establishes an APEC-sponsored initiative to use ODR to help global businesses (in particular, micro-, small-, and medium-sized enterprises (MSMEs)) within the APEC economies, resolve B2B cross-border disputes focusing on low-value disputes.

Objective: The ODR Framework aims to promote B2B cross-border confidence by providing ODR and enforcement of disputes across borders, languages, and different legal jurisdictions.

Procedure: Under this APEC ODR Framework, a business may file a cross-border complaint online against a business in another participating economy in cases where both businesses have consented to have such disputes resolved under the APEC ODR Framework. During the first phase of the procedure, the businesses are allowed to exchange information and proposals and negotiate a binding settlement of their dispute through electronic means (“Negotiation Stage”). If the parties cannot reach a binding agreement by amicable negotiations, the relevant ODR provider will appoint a qualified neutral to mediate the dispute (and if possible, reach a binding settlement agreement) (“Mediation Stage”) or to arbitrate the dispute (and issue a binding award) (“Arbitration Stage”).

ODR provider: eBRAM is an ODR provider under the APEC ODR Framework. As a listed ODR provider, eBRAM has self-certified its compliance with the APEC ODR Collaborative Framework and the Model Procedural Rules.

Businesses in the APEC economies may resolve their disputes in accordance with the APEC ODR Rules of eBRAM, through the eBRAM APEC ODR platform.

eBRAM Model Clause

Model eBRAM Clause by which the parties agree to resolve any dispute by ODR under eBRAM APEC Rules. This can be inserted in the parties’ Contract before the dispute or agreed upon in writing after any dispute has arisen:

Any dispute, controversy or claim arising hereunder (the “Dispute”) and within the scope of the APEC Collaborative Framework for Online Dispute Resolution of Cross-Border Business-to-Business Disputes, shall be settled in accordance with the APEC Rules of eBRAM in force when the commencement notice of the Dispute is submitted to eBRAM (the “eBRAM APEC Rules”).

Note: The parties should consider adding:

1. The number of Neutrals shall be one.


2. The place of arbitration shall be Hong Kong.


3. The applicable law of this arbitration agreement and of the procedure for the proceedings by ODR under the eBRAM APEC Rules shall be the laws of the Hong Kong SAR.


4. The language used in the ODR under the eBRAM APEC Rules shall be [English/such language as the parties agree].

* If there is any inconsistency between the English version and the Chinese version of the eBRAM’s model APEC ODR clause, the English version shall prevail.

Cost Calculator

Check the estimated costs of the APEC ODR proceeding using our cost calculator!

User’s guide