"Cross-Border Trade Dispute Support Scheme"

 eBRAM International Online Dispute Resolution Centre – Dedicated Service Initiative

Responding to National Strategy | Safeguarding Business Rights | Reinforcing Hong Kong’s Strengths

 

Background

In the face of rising unilateralism and escalating global trade tensions, the risks associated with cross-border operations for enterprises have significantly increased. The recent unilateral imposition of tariffs by the United States has drawn many Hong Kong companies into contractual disputes, highlighting the urgent need for professional legal and dispute resolution support.

According to statistics, international trade disputes involving Mainland China and Hong Kong enterprises have surged in recent years, with SMEs being affected the most. Traditional arbitration or litigation procedures can take an average of 14 months and incur legal costs amounting to 52% of the disputed amount, imposing significant financial pressure on businesses. 

As the only Online Dispute Resolution (ODR) institution in Hong Kong recognised by the Asia-Pacific Economic Cooperation (APEC), eBRAM International Online Dispute Resolution Centre is fully committed to the Chief Executive's strategic initiative to "taking advantage of Hong Kong as a free port and a global super-connector to forge new paths amid global uncertainty." Harnessing Hong Kong's common law system and its zero-tariff hub status, eBRAM provides enterprises affected by the trade war with solutions that align with Hong Kong standards, offer controlled costs, and protects rights. This dedicated service aims to establish an efficient, affordable, and internationally enforceable dispute resolution channel for SMEs using LawTech, helping businesses move forward steadily in complex external environments.

Purpose

Amid the unreasonable escalation of U.S. tariffs and increasing global instability, Hong Kong enterprises — particularly SMEs involved in the China-U.S. supply and industrial chains — are facing unprecedented challenges. Many of these companies have been drawn into contractual disputes with their counterparties because of the recent unilateral tariff impositions by the United States.

This scheme is designed to provide local businesses with professional and targeted Online Dispute Resolution (ODR) support, to help them defend their rights effectively while controlling the time and cost involved in resolving disputes.

Scheme Features

  Low threshold fees: The administrative fee for administering a dispute is just HKD 200 per party, with mediation fees for certain cases starting as low as HKD 1,000. The fee structure is transparent and significantly lower than traditional arbitration or litigation proceedings.

  Efficiency and Time-Saving: Dispute resolution procedures can be completed efficiently in 2.5 weeks, offering a clear time advantage compared to traditional mechanisms, which may take several months or even over a year.

  Leveraging eBRAM’s LawTech Platform for Swift Cross-Border Dispute Resolution: Through the ODR platform's one-stop online functions — including document upload, virtual hearings, e-signatures, and real-time transcription, both applicants and respondents can participate in the entire mediation and arbitration process without the need to travel.

  High Confidentiality: All case information is encrypted and securely stored in data center located in Hong Kong. The online procedures ensure a high level of privacy protection, with no risk of public hearings or information disclosure.

 

  •  Target Participants of the Scheme:
  •  Enterprises / Business Sector – The Scheme is designed for companies registered in Hong Kong that are involved in contractual disputes arising from U.S. tariff measures.
  • Procedural Requirements:
  •  Parties to the trade dispute must mutually agree to resolve the matter via eBRAM's ODR Platform and in accordance with the APEC Collaborative Framework for ODR.

 

 * How to Obtain the Other Party's Consent?

For contracts that either lack a dispute resolution clause or already contain an existing clause, both parties may enter into a supplementary agreement to resolve the dispute using eBRAM's APEC Rules.

Fees

  •  One-Stop Preferential Scheme for Trade Dispute Resolution
    •  Utilises eBRAM's APEC Online Dispute Resolution Clause (APEC Rules) for streamlined and internationally recognised dispute resolution.

 Standard fee

 Respondent

 Applicant

 Enquiry

 Free

 Free

 Administrative Fee

 HK$200

 HK$200

 

 Dispute Amount (HKD)

Neutral's Fee (HKD)
(Mediation Stage)

 Neutral's Fee (HK$)
(Arbitration Stage – For Cases Resolved by Award)

 

 Maximum HKD

 $200,000

Fixed fee: $1,000 (includes preparation and up to 4 hours of mediation); thereafter $500/hour for additional mediation

Fixed fee: $5,000 (includes all reading time, communications, drafting, and award writing), plus $750/hour for hearing time

 HK$200,001 to

 HK$775,000

Fixed fee: $2,000 (includes preparation and up to 4 hours of mediation); thereafter $750/hour for additional mediation

Fixed fee: $10,000 (includes all reading time, communications, drafting, and award writing), plus $1,000/hour for hearing time

 HK$775,001 to

 HK$50,000,000

Fee not to exceed $3,100/hour

 HK$50,000, 001 or above

Fee not to exceed $5,500/hour

 

Core Services: Efficient · Inclusive · Trusted

Dedicated Trade War Dispute Resolution Channel
Tailored to Trade Disputes – A dedicated consultation hotline for high-frequency trade conflict cases arising from the trade war.


Hong Kong-Style Mediation + Arbitration Model – Disputes are resolved using eBRAM 's APEC Online Dispute Resolution Procedural Rules through a streamlined three-stage online mechanism: negotiation, mediation, and arbitration.
Fast-Track Resolution – Disputes triggered by trade war issues can be resolved within 2.5 to 7 weeks. 

Six Unique Value Propositions

  Asia-Pacific Economic Cooperation (APEC) Recognised Institution

As the first and only Online Dispute Resolution (ODR) service provider in Hong Kong recognised by APEC, eBRAM's “APEC ODR Platform” integrates innovative LawTech to offer online negotiation, mediation, and arbitration services. It provides cross-border dispute resolution for businesses — especially MSMEs — within APEC economies.

Experienced Dispute Resolution Panel

eBRAM hosts a panel of over 110 neutrals in APEC rules. Arbitral awards are enforceable in over 170 jurisdictions and in Mainland China.

Zero-Barrier Access & Preferential Neutral Fees

Free initial consultation, administrative fee of HKD 200 per party, and mediation fees starting as low as HKD 1,000 for four hours.

Smart Process Support via eBRAM ODR Platform

  • Secure e-evidence upload system
  • e-KYC technology for identity verification
  • Cloud-based hearing rooms equipped with real-time bilingual (English & Chinese) transcription
  • Integrated e-signature system

Data Sovereignty Protection

All case data is encrypted and stored in Hong Kong-based data center in strict compliance with the Personal Data (Privacy) Ordinance.

Response to National Strategy
In full alignment with the directive of Director Xia Baolong to "strengthen and enhance Hong Kong’s role as an international center for finance, trade, and legal services," this dedicated service initiative focuses on disputes directly arising from the trade war and leverages Hong Kong’s professional service advantages to support the nation's high-level opening-up efforts.

 Legal advice

If enterprises require neutral legal advice regarding trade contract disputes, they may also register on eBRAM’s Deal-Making Portal (DMP). Through the DMP Portal, businesses can connect with participating legal service providers offering preferential legal consultation services.

For more details, please contact the eBRAM team.

 Summary

Implementing the Spirit of Director Xia Baolong's Guidance

This Scheme is a concrete response to the China Government's strategic directive for Hong Kong to “consolidate its unique advantages and strengthen its role as a super-connector”:

🔹 Strengthening Professional Hub Functions
Leveraging Hong Kong’s common law system to build a "China Solution" for international-standard trade dispute resolution.

🔹 Supporting National Opening-Up Strategy
Facilitating Hong Kong and Mainland enterprises in overcoming trade barriers through the multilateral cooperation framework of APEC.

🔹 Innovative and Inclusive Measures Benefiting Enterprises
Providing fee reductions and streamlined services, especially for MSMEs.

 

Contact eBRAM
For any enquiries regarding the “Cross-Border Trade Dispute Resolution Pilot Scheme”, please contact the eBRAM Case Management Team:

Email: case@ebram.org    Tel: (852) 3792 0567

 

eBRAM International Online Dispute Resolution Centre