2021 Tokyo Forum on Dispute Resolution
Co-organized by UNCITRAL, the Ministry of Justice of Japan (MOJ), and the International Centre for Settlement of Investment Disputes (ICSID), the 2021 Tokyo Forum on Dispute Resolution, themed “Enhancing the principles of dispute resolution in the digital economy”, was held virtually on Tuesday 7 December 2021 and Wednesday 8 December 2021. Two of the three sessions were dedicated to the stocktaking of developments in dispute resolution in the digital economy, an area which will be featured at the UNCITRAL colloquium on possible future work on dispute settlement in late March 2022. The event was held in English with simultaneous Japanese translation provided.
Speaker bios
DAY 1: Tuesday, 7 December 2021
[Session 1] Opening & Stocktaking of developments in dispute resolution in the digital economy (Part I)
Opening Remarks
- Jun Tsushima (State Minister of Justice, Japan)
- Anna Joubin-Bret (Secretary, UNCITRAL)
- Meg Kinnear (Secretary-General, ICSID)
Stocktaking of developments in dispute resolution in the digital economy (Part I)
- Moderator: Jae Sung Lee (Legal Officer, UNCITRAL)
- Speakers:
- Takashi Takashima (Senior Attorney, Ministry of Justice, Japan): Introduction of the DRDE stocktaking project
- Anna Masser (Partner, Allen & Overy LLP): ICC “Report on Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings”
- Noradèle Radjai (Partner, LALIVE): Technology Resources for Arbitration Practitioners – the IBA Report
- Michael Schneider (Senior Counsel, LALIVE): Flood of information & identifying the key issues
- Kim Rooney (Arbitrator/Hong Kong Barrister): Case management and the use of digital means
- Camilla Macpherson (Head of Secretariat, P.R.I.M.E.): Latest developments in digital dispute resolution
- Barton Legum (Partner, Denton): Access to and preservation of digital evidence
- Amy J. Schmitz (Professor, University of Missouri School of Law): Measuring “Access to Justice” in the Rush to Digitize – downsides of ODR (prerecorded)
DAY 2 : Wednesday, 8 December 2021
[Session 2] ICSID Rules Amendment and investor-State disputes in the digital era
- Moderator: Meg Kinnear (Secretary-General, ICSID)
- Speakers:
- Campbell Mclachlan QC (Professor, Victoria University of Wellington; Associate Member (Bankside Chambers, Auckland & Singapore; Essex Court Chambers, London))
- Eduardo Zuleta (Founding Partner, Zuleta Abogados Asociados)
- Jeffery Commission (Director, Burford Capital)
- May Tai (Managing Partner, Herbert Smith Freehills)
- Toby Landau QC (Barrister (London), Advocate (Duxton Hill Chambers, Singapore), Arbitrator)
- Yoshimi Ohara (Partner, Nagashima Ohno & Tsunematsu)
Closing Remarks
- Fumihiko Yanaka (Director, Ministry of Justice, Japan)
[Session 3] Stocktaking of developments in dispute resolution in the digital economy (Part II)
Arbitration/mediation and engagement of courts
- Moderator: Takashi Takashima (Senior Attorney, Ministry of Justice, Japan)
- Speaker: Osamu Kaneko (Director-General, Ministry of Justice, Japan)
Online hearings and witness examination in arbitration
- Moderator: Jae Sung Lee (Legal Officer, UNCITRAL)
- Speakers:
- Lisa Bingham (Deputy Executive Director, ICCA): Legal basis for remote hearings and the ICCA study
- Kevin Nash (Deputy Registrar/Centre Director, SIAC): Services/technology provided by arbitral institutions for online hearings and witness examinations
- Kevin Kim (Senior Partner, Peter & Kim): Key aspects of videoconferencing (safeguards on witness examination)
- Yoshihiro Takatori (Arbitrator; F.C.I.Arb./JAA/JIDRC): Online hearings/witness examination and the JIDRC study
- Emmanuelle Ta (CEO, eBRAM Centre): Conduct of hearings on online platforms
Online mediation
- Moderator: James Claxton (Professor of Law, Waseda University)
- Speakers:
- Anne-Karin Grill (Principal, AKG ADVISORY)
- Chuan Wee Meng (CEO, SIMC)
- Nadja Alexander (SIDRA)
- William Wood QC (Brick Court Chambers, Maxwell Mediators)
Closing Remarks
- Naoki Watanabe (Director, Ministry of Justice, Japan)