Richard Susskind Launches New Online Courts Initiative

Check it out at https://remotecourts.org/

From the homepage, from Richard Susskind:
“As the coronavirus pandemic spreads and courts around the world are closing, this website is designed to help the global community of justice workers – judges, lawyers, court officials, litigants, court technologists – to share their experiences of ‘remote’ alternatives to traditional court hearings.
To ensure ongoing access to justice, governments and judiciaries are rapidly introducing various forms of ‘remote court’ – audio hearings (largely by telephone), video hearings (for example, by Skype and Zoom), and paper hearings (decisions delivered on the basis of paper submissions). At remarkable speed, new methods and techniques are being developed. However, there is a danger that the wheel is being reinvented and that there is unnecessary duplication of effort across the world. In response, this site offers a systematic way of remote-court innovators and people who work in the justice system to exchange news of operational systems, as well as of plans, ideas, policies, protocols, techniques, and safeguards. By using this site, justice workers can learn from one another’s successes and disappointments. Please do contribute. The idea is that this site is a repository to which users regularly send their news.”

Learn more at https://remotecourts.org/

China Pushes for Increase in Online Dispute Resolution as It Reboots Economy

Vincent Chow on Law.com March 19th:

‘China was promoting online dispute resolution even before the coronavirus outbreak. Now, the government wants to see more of it, as business in the country resumes. But questions remain as to whether it will catch on for international disputes.

“As China slowly sends people back to work in an effort to reboot its economy, the government is advising dispute resolution organizations across the country to bolster their online dispute resolution efforts as it anticipates an increase in domestic disputes emerging from the coronavirus pandemic.

The Ministry of Justice issued a guideline on March 3 calling for the accelerated development of China’s “internet arbitration systems.” The guideline emphasizes the importance of online dispute resolution, or ODR, for achieving its goal of getting the economy back on track while still maintaining control over the spread of COVID-19…

The move is part of China’s broader promotion of alternative dispute resolution. The Ministry of Justice has issued several directives in recent weeks encouraging the use of arbitration and mediation to resolve disputes caused by COVID-19 and the stringent government restrictions on the movement of people that resulted…

In the past, online dispute resolution in China was primarily used for resolving internet-related disputes such as e-commerce and domain name disputes. However, the guidelines instruct arbitration institutions to expand its use to include disputes expected from work resumption after an extended break, including debt issues, labor disputes and work injury compensation. Institutions should even defer payment for their services if the businesses are facing financial difficulty as a result of the pandemic, the government has said.

“The Chinese government certainly wants to see more ODR now,” said Ronald Sum, a Hong Kong-based dispute resolution partner at Addleshaw Goddard. “But its support for ODR precedes the current crisis.”

In early December, China’s Supreme Court issued a white paper outlining the government’s strategy to develop the “internet judiciary.” It included measures to improve the court’s online mediation platform, which has resolved over one million disputes since launching in 2016. In the last three years, China has set up “internet courts” with the capability to handle entire proceedings online in the major cities of Hangzhou, Beijing and Guangzhou.

…Hong Kong is also developing its online dispute resolution capabilities. Later this year, the city will launch its first online dispute resolution platform, eBRAM. The platform will employ blockchain and artificial intelligence technology and is designed to address concerns among practitioners about the feasibility of replicating entire dispute resolution proceedings online…

“Parties, tribunals and the courts are more willing than ever to rely on technology to resolve disputes in Hong Kong,” she said.

Sum, former chairman of the International Chamber of Commerce Hong Kong Arbitration and Alternative Dispute Resolution subcommittee, believes that the outbreak has improved both practitioners’ and businesses’ attitudes towards online dispute resolution. He expects Chinese parties’ demand for online dispute resolution services to increase moving forward.

“The pandemic has changed people’s thinking generally on what work can be done remotely—dispute resolution is no exception,” he said…

“Domestic acceptance [in China] of ODR is higher than it is internationally,” Sum said. “You see this reflected in Chinese society broadly, where people are very receptive to technological changes—for example in e-payments and e-commerce. Therefore, although ODR is developing fast in China, the systems are being designed to fit domestic disputes rather than cross-border disputes.”

Vincent Mu, a Shanghai-based partner at Llinks Law Offices and an arbitrator at the Shanghai International Arbitration Centre and the HKIAC, also expects to see more online dispute resolution developments in China. However, he is unsure whether it is wise to move entire proceedings online.

“Hearings are about communicating with the judges, the arbitrators and other participants of the proceedings,” he said. “Where an important case is concerned, I would always prefer to plea the case in a face-to-face manner.”’

Read more at
https://www.law.com/legaltechnews/2020/03/19/china-pushes-for-increase-in-online-dispute-resolution-as-it-reboots-economy-397-32043/ (registration required)

Virtual Courts and COVID-19

Great post by Mimi Zhou, Co-Founder of the Oxford Deep Tech Dispute Resolution Lab, on how the Chinese courts are adapting to pressures from the pandemic. From the piece:

“The disruptions caused by COVID-19 bring to the spotlight Richard Susskind’s case for online courts in the UK and globally, especially on the ground of promoting access to justice. The more pressing question is whether we are ready for the delivery of virtual justice outside a brick-and-mortar courtroom? In a forthcoming article in the Journal of Personal Injury Law, I examine how Chinese courts have deployed new technologies as part of a wider policy framework aimed at enhancing judicial efficiency and transparency. This policy has created highly advanced technological infrastructure allowing Chinese courts to conduct more online filings and hearings during the crisis.”

I’m sure many of you are hearing from people asking about ODR, many of whom weren’t that interested in it before the crisis. Someone mentioned to me today how the outbreak (and all the shelter-in-place orders) are marketing ODR more effectively than every conference and paper on ODR ever has. Even after the crisis subsides I suspect that our global society will never go back to the way it was before the outbreak.

Read more here:
https://www.law.ox.ac.uk/business-law-blog/blog/2020/03/virtual-justice-time-covid-19