A fantastic hybrid event as part of Washington Arbitration Week, where the speakers shared their experiences using different AI tools, for example: 

• DISCO 

• Jus AI 

• Chat GPT 

• Case Text / Co-Counsel

• Microsoft Co-Pilot 

Audience questions addressed topics including: 

• Areas of dispute, e.g., disclosure of AI use, authenticity of evidence 

• The approaches of different law firms to AI adoption 

• Whether AI has a democratising effect 

🤖 Breaking AI news! New Kluwer survey of 750+ European and US legal professionals shows that:

🔹73% of respondents “expect to integrate Gen AI into legal work in the next 12 months”

🔹 68% feel prepared for GenAI’s impact

🔹 73% understand how it can be applied to their work

🔹 Pros of GenAI include automating routine legal operations (e.g., contract drafting, document review) and completing many tasks quickly

🔹 Cons of GenAI include lack of authority and explainability, inconsistency and potential bias

*****

🤖 Yesterday, CIArb and Trialview held a timely online discussion on how legal professionals and experts use generative AI in practice.

🗣 I moderated a discussion with Robert Dean, Tracey Summerell, Aram Aghababyan and others.

Among other things, we discussed:

🔹 The strengths/limitations of different bots, Chat GPT, Claude etc.

🔹 Using chatbots to provide the coding for routine tasks.

🔹 The “inequality of arms” challenge where some firms have more resources than others to develop their own generative AI solutions

and more!

*****

About the CIArb/Trialview Event

🎤 Facilitators: Elizabeth Chan (陳曉彤), Katrina Limond, Stephen Dowling, Sophie Nappert, Paul Sills, Lizzie Williams, Pavan Paw, Claire Morel de Westgaver

😊 Thanks to Nika Kurent, Eimear McCain and Katrina Limond for organising and the invitation to speak.

😃 Register for CIArb’s “Let Discuss” series, including “Let’s Discuss Technology Disputes” on 28 November 2023 at 17:00-18:30 GMT.

Register at

https://www.ciarb.org/events/lets-discuss-technology-disputes

.

*****

🌏 Be part of the efforts to promote the responsible and ethical use of AI in international arbitration.

📣 The Silicon Valley Arbitration and Mediation Center's CEO, Sarah Reynolds comments that, "The goal of Guidelines for the use of AI in International Arbitration is to foster a safe environment where AI can be used appropriately, offering clear guidance for participants in arbitration, while regulating potential misuse."

*****

About the SVAMC Guidelines on using AI in International Arbitration

🔹 The Guidelines offer a set of best practices on the use of AI in international arbitration for all those involved in the arbitration process.

🔹 It seeks to address both current and future applications of artificial intelligence from a principled framework, while also bearing in mind that the technology will continue to evolve rapidly.

🗣 The consultation is open to the public.

📩 You can download the draft Guidelines and provide your feedback at

🔗

https://lnkd.in/abcttpf

⏰ The deadline for submissions is 15 December 2023.

👨‍👩‍👧‍👦 The members of the Drafting Subcommittee are: Orlando Cabrera, Elizabeth Chan, Dmitri Evseev, Marta Garcia Bel, Sofia Klot, Benjamin I. Malek, Soham Panchamiya and Duncan Pickard.

*****

🔹Read Wolters Kluwer Future Ready Lawyer: Leading Change Report.

🔗 Link to the full report:

https://www.wolterskluwer.com/en/know/future-ready-lawyer-2022#download

📢 𝐁𝐫𝐞𝐚𝐤𝐢𝐧𝐠 𝐍𝐞𝐰𝐬! A major report on AI in International Arbitration finds that 63% of survey respondents favour some regulation of AI in arbitration, and 39% favour using "soft law" guidelines.

The survey (with 220+ respondents worldwide) also indicated:

🔷 63% of respondents favoured regulating AI tools in arbitration.

🔷 Particular areas of "risk" included using AI tools to draft legal submissions, expert reports or the adjudicatory elements of awards.

🔷 In a fast-evolving field, effective regulation of AI tools and usages is "difficult to achieve with the attendant risk that regulation today will not be effective tomorrow".

🔷 A "combined response" referring to soft law guidelines, arbitration rules, and rules regulating the legal profession would be helpful.

🔷 Guidance is necessary for arbitration "in an international context, where rules of professional practice may vary by jurisdiction".

*****

🌐 Be part of the efforts to promote AI's responsible and ethical use in international arbitration.

🔷 The Silicon Valley Arbitration & Mediation Center (SVAMC)'s CEO, Sarah Reynolds, FCIArb, comments that "The goal of Guidelines for the use of AI in International Arbitration is to foster a safe environment where AI can be used appropriately, offering clear guidance for participants in arbitration, while regulating potential misuse."

*****

About the SVAMC Guidelines on using AI in International Arbitration

🔷 The Guidelines offer a set of best practices for using AI in international arbitration for all those involved in the arbitration process.

🔷 It seeks to address current and future artificial intelligence applications from a principled framework while considering that the technology will continue evolving rapidly.

📣 We will recognise those who have contributed to the public consultation when the final guidelines are published.

🔷 The consultation is open to all members of the public.

📥 You can download the draft Guidelines and provide your feedback through this link:

🔗 https://lnkd.in/g7Su2SKV

⏰ The deadline for submissions is 15 December 2023.

🔷 The members of the Drafting Subcommittee are Orlando 奥兰多 Cabrera, Elizabeth Chan (陳曉彤), Dmitri Evseev, Marta Garcia Bel, Sofía Klot, Benjamin I. Malek FCIArb, Soham Panchamiya and Duncan Pickard.

***

📚 Read the Bryan Cave Leighton Paisner LLP "𝐀𝐧𝐧𝐮𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐒𝐮𝐫𝐯𝐞𝐲 2023: 𝐓𝐡𝐞 𝐑𝐢𝐬𝐞 𝐨𝐟 𝐌𝐚𝐜𝐡𝐢𝐧𝐞 𝐋𝐞𝐚𝐫𝐧𝐢𝐧𝐠".

🔗 𝐋𝐢𝐧𝐤 𝐭𝐨 𝐭𝐡𝐞 𝐟𝐮𝐥𝐥 𝐫𝐞𝐩𝐨𝐫𝐭:

https://lnkd.in/gkbTgz-V

💡Authors include George Burn, Claire Morel de Westgaver and Victoria Clark. 

📣 I'm excited to speak at the 6th Annual Schiefelbein Global Dispute Resolution Conference on "Arbitration in 2050: Facing the Future" in Phoenix and online on 11 January 2024.

𝐒𝐩𝐞𝐚𝐤𝐞𝐫𝐬:

🤖 Paul Cohen (Moderator)

International Lawyer & Barrister at Law

🤖 Brandon Malone

International Arbitrator

🤖 Hon. Bridget Mary McCormack

President and CEO | AAA-ICDR

🤖 Colin Rule

President and CEO | odr.com

🤖 Elizabeth Chan (陳曉彤)

Registered Foreign Lawyer | Tanner De Witt

𝐃𝐚𝐭𝐞: 11 January 2024

𝐋𝐨𝐜𝐚𝐭𝐢𝐨𝐧: Phoenix & Online

𝐑𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧: https://lnkd.in/gys6V_sj

Thank you very much to Les Schiefelbein, Jay Jenkins and their team for their superb organising and the opportunity to speak.

*****

Check out the full line-up of speakers:

https://lnkd.in/gSqxAS5E

*****

See also: https://www.linkedin.com/posts/asulodestardr_the-future-of-international-arbitration-is-activity-7125615046549721088-KVfK?utm_source=share&utm_medium=member_desktop

📣 𝐂𝐚𝐥𝐥𝐢𝐧𝐠 𝐦𝐲 𝐚𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐟𝐫𝐢𝐞𝐧𝐝𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐖𝐚𝐬𝐡𝐢𝐧𝐠𝐭𝐨𝐧 𝐃𝐂 𝐚𝐫𝐞𝐚! 📣 I'm excited to participate (remotely) in a panel during Washington Arbitration Week (WAW) 2023 on "𝐀𝐫𝐭𝐢𝐟𝐢𝐜𝐢𝐚𝐥 𝐈𝐧𝐭𝐞𝐥𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐚𝐧𝐝 𝐍𝐞𝐰 𝐆𝐚𝐝𝐠𝐞𝐭𝐬 𝐟𝐨𝐫 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧". 🤖⚖️

Join me along with a stellar lineup of practitioners and experts:

🎤 Dmitri Evseev, Arbitration City Ltd (Moderator)

🎤 Kelby Ballena, Allen & Overy

🎤 Catalina Brito, Greenberg Traurig LLP

🎤 Luis M. Martinez, ICDR

🎤 Elizabeth Chan (陳曉彤), Tanner De Witt

📅 𝐃𝐚𝐭𝐞: 27 November 2023

🕰️ 𝐓𝐢𝐦𝐞: 15:30-16:45 EST

📍 𝐋𝐨𝐜𝐚𝐭𝐢𝐨𝐧: Allen & Overy, 1101 New York Ave NW, Washington, DC 20005

🖥️ 𝐅𝐨𝐫𝐦𝐚𝐭: In-Person + Virtual

✉️ 𝐈𝐧-𝐩𝐞𝐫𝐬𝐨𝐧 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐥𝐢𝐧𝐤: https://lnkd.in/g54tngcP

✉️ 𝐕𝐢𝐫𝐭𝐮𝐚𝐥 𝐫𝐞𝐠𝐢𝐬𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐥𝐢𝐧𝐤: https://lnkd.in/gm7kWBV8

This is a can't-miss event during Washington's premier arbitration week.

Expect a dynamic discussion from leading experts.

Limited spots are available, so register soon!

Check out the WAW website for details.

🔗 https://lnkd.in/gHxfNxuN

Look forward to seeing you there! 😀

*****

Many thanks to our Co-Founders Ian A Laird and Jose Antonio Rivas, SJD and Advisory Committee Meg Kinnear, Borzu Sabahi, Charles ("Chip") B. Rosenberg, Gaela Gehring Flores, Lee M. Caplan, Marinn Carlson, Kelby Ballena, Lucinda Low, and Petr Polášek

Special thanks to the Programme Editorial Team Frankie Collins, María Lucía Casas Arguello, Munia El Harti Alonso, Juan Pablo Rodriguez Martinez, Raphaëlle Petit, Camilo Torres Casanova, Sara Beatriz Saiz Abbott, Upasana Pandey, and Caroline Green. 

🎉 𝐍𝐞𝐰 𝐏𝐨𝐝𝐜𝐚𝐬𝐭 𝐄𝐩𝐢𝐬𝐨𝐝𝐞 🎉 The Silicon Valley Arbitration & Mediation Center (SVAMC)'s Drafting Subcommittee on the Guidelines on the 𝐔𝐬𝐞 𝐨𝐟 𝐀𝐈 𝐢𝐧 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 is now live on air with 𝐓𝐡𝐞 𝐓𝐞𝐚 𝐨𝐧 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧.

Hosted by Gaela Gehring Flores and Nicole Silver, Sofía Klot, Orlando 奥兰多 Cabrera, and I share our thoughts on:

🤖 The genesis of the Guidelines and what we are seeking to achieve

🤖 How the Draft Guidelines are intended to work alongside existing professional conduct rules for lawyers

🤖 The feedback we've seen during the consultation process so far and the thorniest issues we've come across (e.g., disclosure of the use of AI)

🤖 How you can participate in shaping these Guidelines

🤖 The tech-related trends keeping us up at night - find out what they are by tuning in!

🎧 Listen now at

🔗https://lnkd.in/gNfRhGwx

🙏 Thank you very much to Jessica Harris for her behind-the-scenes work!

𝐌𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬 𝐚𝐧𝐝 𝐝𝐢𝐬𝐜𝐥𝐨𝐬𝐮𝐫𝐞

⭐The Guidelines offer a set of best practices for using AI in international arbitration for all those involved in the arbitration process.

⭐ It seeks to address current and future artificial intelligence applications from a principled framework while also considering that the technology will continue evolving rapidly.

⭐ On disclosure, Guideline 3 does not create any presumption in favour or against disclosure of the use of AI tools.

⭐ Guideline 3 does recognise, however, that there are certain circumstances where disclosing AI tools may be warranted to preserve the integrity of the proceedings or the evidence, although there are differences in the formulations proposed under Option A and Option B, respectively.

𝐂𝐨𝐦𝐦𝐞𝐧𝐭 𝐨𝐧 𝐭𝐡𝐞 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬

⭐ We will recognise those who have contributed to the public consultation when the final guidelines are published.

⭐ The consultation is open to all members of the public.

⭐ You can download the draft Guidelines and provide your feedback through this link: https://lnkd.in/g7Su2SKV

⭐ 𝐓𝐡𝐞 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞 𝐟𝐨𝐫 𝐬𝐮𝐛𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐬 𝐢𝐬 15 𝐃𝐞𝐜𝐞𝐦𝐛𝐞𝐫 2023

⭐ The members of the Silicon Valley Arbitration & Mediation Center (SVAMC) Drafting Subcommittee are Orlando 奥兰多 Cabrera, Elizabeth Chan (陳曉彤), Dmitri Evseev, Marta Garcia Bel, Sofía Klot, Benjamin I. Malek FCIArb, Soham Panchamiya and Duncan Pickard. 

🤓 My first-ever Australian Arbitration Week event took place yesterday, “Disrupting Disputes: The Benefits of Arbitration in Technology”.

👩‍💻 Here are some key points we discussed on the panel:

🔎 Trends in technology disputes:

🔹There is an increase in tech-related disputes in both the commercial and ISDS context.

🔹In the commercial context, institutions are seeing more disputes involving tech transfer disputes, IP and crypto issues.

🔹In the ISDS context, notable recent cases include cases brought by Hauwei against Sweden and Uber against Colombia and other countries.

🎥 Virtual hearings:

🔹The COVID-19 pandemic was the great disruptor that got us into the virtual hearing room. The trend is here to stay.

🔹The HKIAC reports that 57% of 60 cases to date this year have involved some virtual element.

🔹The idea of an in-person Case Management Conference is now almost antiquated.

🔹But challenges remain, especially regarding safeguarding confidentiality and information security.

🔹Parties are also still bringing challenges on account of virtual hearings (including the recent HK decision in Skypower).

🤖 Artificial Intelligence:

🔹AI is being used by everyone, everywhere.

🔹But there are risks, for example, disciplinary proceedings against lawyers for inappropriate uses of AI, the risk of deepfakes passing as authentic documents, and more.

🔹Enter the Silicon Valley Arbitration and Mediation Center Guidelines on the Use of AI in International Arbitration (which are open now for public consultation).

Speakers

🎤 Elizabeth Chan, Registered Foreign Lawyer, Tanner de Witt

🎤 Eric Ng, Deputy Secretary General, HKIAC

🎤 Dmitri Evseev, Independent arbitrator, Arbitra International

🎤 Lucy Martinez, Independent arbitrator

Moderators

🎤Nastasja Suhadolnik, Head of Arbitration, Corrs Chambers Westgarth

🎤Cara North, Special Counsel, Corrs Chambers Westgarth

🙏 Thank you

🔹Betty Choi, Kate Newbury and Alexander Lumb for your behind-the-scenes work.

🔹Nastasja Suhadolnik for the kind invitation to speak.

📨 Public consultation for the SVAMC Guidelines on the Use of AI in Arbitration

🔹Open until 15 December 2023.

🔹Visit our portal here to view the Draft Guidelines and to submit your comments:

https://arbi-city.typeform.com/ai-guidelines

We were delighted to host the Association of Corporate Counsel HK at Tanner De Witt yesterday, discussing new technologies and their possible resolution. 💻

Even as the hype around the metaverse has lessened, there continue to be advancements in the development of virtual 👓 and augmented 📱 reality technologies.

To give a few examples:

🔹 The Guardian recently reported that a severely paralysed woman obtained a new voice and physical self through a digital avatar.

🔗https://lnkd.in/g2QXdgJr

🔹 Lex Fridman reported on his Twitter thread about talking with Mark Zuckerberg through "photorealistic avatars" which "really felt like we were talking in-person but we were miles apart".

🔗https://lnkd.in/gmdM-c9J

🔹 Dr. Jeorg Storm reported on Mojo Lens' novel wearable technology that projects text, graphics and even photos into your retina (even though it is not yet ready for daily usage).

🔗 https://lnkd.in/gzMckhxm

🤓 We had a fascinating discussion with our in-house counsel guests about legal disputes arising in the context of these and other new technologies and how they may be resolved.

Thank you very much to Priscilla Piergoelam for the opportunity to partner with ACC HK, and Eunice Kahiro, Felicia Yeo and Georgina Lees for their superb organising.

𝐅𝐫𝐢𝐞𝐧𝐝𝐬 𝐢𝐧 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚: Join us for our event on “𝐃𝐢𝐬𝐫𝐮𝐩𝐭𝐢𝐧𝐠 𝐃𝐢𝐬𝐩𝐮𝐭𝐞𝐬: 𝐓𝐡𝐞 𝐁𝐞𝐧𝐞𝐟𝐢𝐭𝐬 𝐨𝐟 𝐀𝐫𝐛𝐢𝐭𝐫𝐚𝐭𝐢𝐨𝐧 𝐢𝐧 𝐓𝐞𝐜𝐡𝐧𝐨𝐥𝐨𝐠𝐲” on 10 October 2023 as part of Australian Arbitration Week! 🇦🇺

𝐃𝐚𝐭𝐞: Tuesday, 10 October 2023 

𝐓𝐢𝐦𝐞: 14:15-15:30 AWST (with afternoon tea!) 🍵

𝐋𝐨𝐜𝐚𝐭𝐢𝐨𝐧: Corrs Chambers Westgarth, Perth 📍

𝐎𝐧𝐥𝐢𝐧𝐞: Remote participation is also available. 💻

𝐂𝐏𝐃: 1 CPD point available for Australian legal practitioners 👩‍⚖️

𝐑𝐞𝐠𝐢𝐬𝐭𝐞𝐫 𝐚𝐭: https://lnkd.in/gSXeuyt7

𝐒𝐩𝐞𝐚𝐤𝐞𝐫𝐬:

🎤 Elizabeth Chan (陳曉彤), Registered Foreign Lawyer, Tanner De Witt

🎤 Eric Ng, Deputy Secretary General, HKIAC 

🎤 Dmitri Evseev, Independent arbitrator, Arbitra International

🎤 Lucy Martinez, Independent arbitrator

𝐌𝐨𝐝𝐞𝐫𝐚𝐭𝐨𝐫𝐬:

🎤Nastasja Suhadolnik, Head of Arbitration, Corrs Chambers Westgarth

🎤Cara North, Special Counsel, Corrs Chambers Westgarth

𝐄𝐯𝐞𝐧𝐭 𝐝𝐞𝐬𝐜𝐫𝐢𝐩𝐭𝐢𝐨𝐧:

🤖As technology rapidly develops, so too do the various types of technology-related disputes submitted to arbitration, the technical knowledge required of arbitrators and practitioners to handle such disputes, and the manner of conducting arbitration proceedings.

💻The advent of new technologies and increased government regulation has had, and will continue to have, a profound effect on the arbitration landscape, in terms of both the content and conduct of arbitrations around the world and in Australia.

👥The panel will bring together experts in the technology, media and telecommunications sector, arbitration practitioners and independent arbitrators to explore topics such as:

🗣️ Distinct features of tech disputes in arbitration...

🤖 Lessons learnt from, and practical tips for, conducting technology-related arbitrations efficiently;

💬 The impact of technology like videoconferencing on the arbitral process;

📱 Prospects and roadblocks for tech companies in investor-state disputes;

🔍 Approaches to valuing digital assets and data;

⚖️ The future role of investor-state dispute settlement in resolving disputes relating to government regulation of new technologies.

Thank you very much to Nastasja Suhadolnik for the kind invitation to speak and to Betty Choi for her hard work behind the scenes! 

🤔 Wondering what AI looks like in practical terms?🤖 "AI in Practice" is an online collaborative session offering an opportunity to explore how AI could/should be managed internally, and externally, by law firms and legal teams.

🤝 This event includes a mix of moderators, including lawyers, tech founders, counsel, arbitrators and innovation managers.

🎉 Register now for this Chartered Institute of Arbitrators (CIArb) and TrialView event.

🗓️ Date/time: 14 November 2023, 13:00-14:30 London

🖥️ Format: Online

🎤 Speakers: Elizabeth Chan (陳曉彤), Katrina Limond, Stephen Dowling, Sophie Nappert, Paul Sills, Lizzie Williams, Pavan Paw

If you had an inkling that the counterparty in your arbitration was using an AI tool in an unexpected way or with material impact on the proceedings, would you want to know? Should you be able to know? If you were an arbitrator, would you order a party to disclose their use of an AI tool and in what circumstances?

Disclosure of using AI tools (if at all) is one of the thorniest issues we've encountered in our drafting of the Draft Guidelines on the Use of AI in International Arbitration.

Share your thoughts with us about it.

𝐀𝐏𝐀𝐂 𝐈𝐧𝐟𝐨𝐫𝐦𝐚𝐭𝐢𝐨𝐧 𝐒𝐞𝐬𝐬𝐢𝐨𝐧

⭐ Our APAC information session will take place today in 2.5 hours (at 11:30 HKT) on Zoom.

⭐ Register here to chat with the drafters: https://lnkd.in/gVNeTF6Z

𝐌𝐨𝐫𝐞 𝐚𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬 𝐚𝐧𝐝 𝐝𝐢𝐬𝐜𝐥𝐨𝐬𝐮𝐫𝐞

⭐The Guidelines offer a set of best practices on the use of AI in international arbitration for all those involved in the arbitration process.

⭐ It seeks to address both current and future applications of artificial intelligence from a principled framework, while also bearing in mind that the technology will continue to evolve rapidly.

⭐ On disclosure, Guideline 3 does not create any presumption in favour or against disclosure of the use of AI tools.

⭐ Guideline 3 does recognise, however, that there are certain circumstances where disclosing the use of AI tools may be warranted to preserve the integrity of the proceedings or the evidence, although there are differences in the formulations proposed under Option A and Option B, respectively.

𝐂𝐨𝐦𝐦𝐞𝐧𝐭 𝐨𝐧 𝐭𝐡𝐞 𝐆𝐮𝐢𝐝𝐞𝐥𝐢𝐧𝐞𝐬

⭐ We will recognise those who have contributed to the public consultation when the final guidelines are published.

⭐ The consultation is open to all members of the public.

⭐ You can download the draft Guidelines and provide your feedback through this link: https://lnkd.in/g7Su2SKV

⭐ 𝐓𝐡𝐞 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞 𝐟𝐨𝐫 𝐬𝐮𝐛𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐬 𝐢𝐬 30 𝐒𝐞𝐩𝐭𝐞𝐦𝐛𝐞𝐫 2023.

⭐ The members of the Silicon Valley Arbitration & Mediation Center (SVAMC) Drafting Subcommittee are Orlando 奥兰多 Cabrera, Elizabeth Chan (陳曉彤), Dmitri Evseev, Marta Garcia Bel, Sofía Klot, Benjamin I. Malek FCIArb, Soham Panchamiya and Duncan Pickard.

𝐈𝐧𝐭𝐞𝐫𝐞𝐬𝐭𝐞𝐝 𝐢𝐧 𝐭𝐞𝐜𝐡/𝐝𝐢𝐬𝐩𝐮𝐭𝐞 𝐫𝐞𝐬𝐨𝐥𝐮𝐭𝐢𝐨𝐧 𝐭𝐨𝐩𝐢𝐜𝐬 𝐟𝐫𝐨𝐦 𝐚 𝐇𝐊 𝐩𝐞𝐫𝐬𝐩𝐞𝐜𝐭𝐢𝐯𝐞?

❓ Ask Tanner De Witt’s TMT Practice: Padraig Walsh | Douglas Clark | Elizabeth Chan (陳曉彤) and others

❓ Ask Tanner De Witt’s Arbitration Team: Douglas Clark | Sunny Hathiramani | Pamela Mak | Elizabeth Chan (陳曉彤) | Monique Woo | Sharina Mahtani | Ling Meng | Kevin Siu 

🚀 Whoa – the future of law and dispute resolution is here! 🤖 I had a blast 🚀 speaking to forward-thinking Business students at The Hong Kong University of Science and Technology earlier this week about the metaverse and dispute resolution. 💡

We explored many facets of this emerging realm, from defining the metaverse 🌐 to how VR/AR/XR can transform hearings 👩‍⚖👨‍⚖, plus blockchain-enabled decentralised justice systems, enforcement under the New York Convention 🗽, and more!

Thank you to Dr Dini Sejko for inviting me to present to such an engaged group of students.  🙌 Their insightful questions have me even more excited about legal tech’s potential. ⚙ 

As a mentee in the inaugural cohort of Web3 Women’s Mentoring Programme, I was delighted to host our participants for an intimate TMT Roundtable at Tanner De Witt on 4 September.

Our mentors and mentees all have fascinating careers in the crypto and Web3 space.

Over lunch and in good cheer, we discussed:

🌷Global crypto-related regulatory developments, with a focus on Hong Kong

🌷Licensing for VASPS (virtual asset service providers)

🌷Crypto asset custodianship

🌷The Travel Rule, which requires VASPs and financial institutions engaged in virtual asset transfers to collect and share the personal data of transaction originators and beneficiaries

🌷Crypto-related disputes and valuation issues in this context

🌷The impact of AI on the legal profession

Our fabulous facilitators included:

🌷Padraig Walsh (Tanner De Witt)

🌷Giorgia Pellizari (HexTrust)

🌷Henry Chambers (Alvarez & Marsal)

🌷Elizabeth Chan (Tanner De Witt)

🙏🏻Many thanks to Georgina Lees for organising!

💻 I am helping to lead and shape Tanner De Witt’s TMT practice and we regularly host roundtables for those in the tech sector. If you’d like to join us for future sessions, drop me a line at elizabethchan@tannerdewitt.com.

🤝If you are a professional woman in the Web3 industry or looking to transition into it, join Web3 Women. Find out more at www.web3women.net.

Get in touch with Founders, Vivien Khoo, Christina Pantin and Emmanuelle (Wilbrod) Pecenicic and the rest of the W3W Team.

*****

作为Web3 Women’s Mentoring Programme首届学员，我很高兴于9月4日在Tanner De Witt为我们的参与者主持了一场亲密的TMT圆桌会议。

我们的导师和学员都在加密和Web3领域有着令人羡慕的职业生涯。

在愉快的午餐中，我们兴致勃勃地讨论了：

🌷全球与加密相关的监管发展，重点关注香港的情况

🌷为VASP（Virtual Asset Services Provider) 虚拟资产服务提供商）许可

🌷加密资产托管

🌷旅行规则 (Travel Rule)，要求VASPs和从事虚拟资产转移的金融机构收集和分享交易发起人和受益人的个人数据

🌷与此背景下的加密相关争议和估值问题

🌷AI对法律职业的影响

我们出色的协调员包括以下成员：

🌷Padraig Walsh (Tanner De Witt)

🌷Giorgia Pellizari (HexTrust)

🌷Henry Chambers (Alvarez & Marsal)

🌷Elizabeth Chan (Tanner De Witt)

🙏🏻非常感谢Georgina Lees的组织！

💻我正在帮助领导和塑造Tanner De Witt的TMT实践，我们定期为技术行业的人士主持圆桌会议。如果您想加入我们的未来会议，请给我发电子邮件至elizabethchan@tannerdewitt.com。

🤝如果您是Web3行业的职业女性或者在寻求转型，请加入Web3 Women。在www.web3women.net上了解更多信息。

也可以与创始人Vivien Khoo、Christina Pantin和Emmanuelle Pecenicic以及W3W团队的其他成员取得联系。

Full article here: https://shorturl.at/iqAZ1 

Full article here: https://www.iareporter.com/articles/silicon-valley-arbitration-and-mediation-center-invites-comments-on-draft-guidelines-on-the-use-of-artificial-intelligence-in-arbitral-proceedings/ 

⭐️ I'm very excited to invite you to comment on our Draft Guidelines on the Use of AI in International Arbitration!⭐️

As announced in July 2023, the Silicon Valley Arbitration and Mediation Center is working towards publishing Guidelines on the Use of Artificial Intelligence (AI) in International Arbitration (Guidelines).

The SVAMC Guidelines Drafting Subcommittee is pleased to release the draft Guidelines for public consultation.

The Guidelines offer a set of best practices on the use of AI in international arbitration for all those involved in the arbitration process. It seeks to address both current and future applications of artificial intelligence from a principled framework, while also bearing in mind that the technology will continue to evolve rapidly.

We will recognise those who have contributed to the public consultation when the final guidelines are published.

The consultation is open to all members of the public.

You can download the draft Guidelines and provide your feedback through this link:

https://arbi-city.typeform.com/ai-guidelines

The deadline for submissions is 30 September 2023.

The members of the Drafting Subcommittee are: Orlando Federico Cabrera Colorado, Elizabeth Chan, Dmitri Evseev, Marta Garcia Bel, Sofia Klot, Benjamin I. Malek, Soham Panchamiya and Duncan Pickard.

*****

⭐我很荣幸地邀请您对我们的《国际仲裁中人工智能使用指南草案》提出一些建议和意见！

正如2023年7月宣布的那样，硅谷仲裁与调解中心正在筹备发布《国际仲裁中人工智能 (AI) 使用指南》（《指南》）。

SVAMC 指南起草小组委员会也非常荣幸地能发布指南草案以供公众咨询。

该指南为所有参与仲裁过程的人员提供了一套在国际仲裁中使用人工智能的最佳实践方法。它试图从一个原则性框架中来解决人工智能当前和未来所面临的应用问题，同时也考虑到该技术将继续快速发展。

当最终指南发布时，我们将表彰那些为公众咨询做出贡献的人。

该咨询向所有公众和各界人士开放。

您可以通过以下链接下载指南草案并提供反馈意见：

https://lnkd.in/g7Su2SKV

提截止日期为 2023 年 9 月 30 日。

起草小组委员会的成员包括：Orlando Federico Cabrera Colorado、Elizabeth Chan、Dmitri Evseev、Marta Garcia Bel、Sofia Klot、Benjamin I. Malek、Soham Panchamiya 和 Duncan Pickard。

The IBA Arb40's Common Heritage of International Arbitration Competition for the Most Meaningful Personal Stories gathered meaningful personal stories and anecdotes about international arbitration.

My short story, "When Digital and Physical Worlds Collide", was the category winner for "Virtual Reality".

Abstract: 

"Lizzie Chan takes us on a deep dive into the marvels of the metaverse and her efforts to help the international arbitration community understand its implications. She shares her knowledge of how virtual reality technology can be used to facilitate professional connection and skill building. Lizzie recounts her efforts in hosting the first-ever virtual reality event in international arbitration, followed by the first-ever arbitration conference in the metaverse. Could we go from Horizon Worlds to a fully virtual arbitration hearing? Lizzie ponders how much further the metaverse might take arbitration and says there is still a lot to explore."

Congratulations to all the winners!

The compendium of stories is available at https://www.ibanet.org/document?id=Arb40-Competition. 

🚀🌐 A few weeks ago, on 19 July, Mikhail (Michael) Lastovskiy of Neo Forensics invited me to participate in a fantastic roundtable on the impact of #AI on #LegalServices, #LitigationFunding, and #Forensics with Neo Forensics! 🕵️‍♀️🌍

Neo Forensics has since published a brochure summarising the interesting topics we covered at the Roundtable. Here's a summary (thanks Chat GPT-4):

🤖💼 AI is already transforming the way we work, from document review to dispute resolution. It's a game-changer for litigation funders, enabling quick case analysis and investment evaluation. But, it's not all rosy - concerns about client sensitivity and data accuracy persist. 📚🔍

👩‍💻👨‍💻 The ethical implications of AI in law are still being explored. As AI becomes more prevalent, we need to rethink our work practices, training, and pricing models. Junior lawyers, in particular, may face challenges as AI takes over tasks like document summarising. 🔄🎓

🤝🖥️ AI is a tool, not a competitor. It can help with non-sensitive tasks but can't replace the human touch - empathy, problem-solving, and active listening that are crucial in our field. 🧠💡

🚀📈 AI offers exciting opportunities, from saving time on initial case drafts to finding specific document phrases in seconds. But, it also presents risks, like potential job losses and the need for stringent data confidentiality. 📉🔐

📚🔬 It's clear that AI is here to stay. We need to understand how these tools work, implement safe practices, and stay ahead of the curve. The future is AI, and we need to be ready for it! 🌟🛠️

🔗 You can view and download the brochure from the Neo Forensics website, "Useful resources" section at https://lnkd.in/ez5gURhs

*****

My thanks to our Roundtable discussants:

🧑Mikhail (Michael) Lastovskiy (Neo Forensics)

🧑Greg Falkof (Mishcon de Reya)

🧑Patrick Rode (Deminor)

🧑Ayse Yazir ACII (Benchwalk)

🧑Artem Doudko FCIArb (Osborne Clarke)

🧑Elizabeth Chan (陳曉彤) (Tanner de Witt)

🧑Geoffrey Nicholson (Blindside Partners)

When the Silicon Valley Arbitration & Mediation Center (SVAMC) publishes the Guidelines on the use of AI in International Arbitration in September, we will do so in several languages, in the hope of their global take-up.

Check out this Global Arbitration Review article to find out more (with the Mandarin version of our press release below).

🔗 You can also read the article at https://lnkd.in/g3RWHDVa

The Drafting Subcommittee comprises:

🧑 Benjamin I. Malek FCIArb

🧑 Elizabeth Chan (陳曉彤)

🧑 Sofía Klot

🧑 Dmitri Evseev

🧑 Marta Garcia Bel

🧑 Orlando 奥兰多 Cabrera

🧑 Soham Panchamiya

🧑 Duncan Pickard

*****

硅谷仲裁与调解中心准备就绪发表国际仲裁人工智能《应用指南》

随着日新月异的人工智能工具如 OpenAI 整合的 ChatGPT的融入，法律行业正在见证着前所未有的变化。法庭已经在努力应对各种挑战：曾经有律师引用从人工智能工具得到的虚构先例，又有法官要求人工智能的呈件还需附上人工验证证书。 这些发展反映提高业内人工智能种种局限的认识之迫切需要，以确保在争议解决中负责任和实际的行业标准。

作为全球知名的技术争议解决首选机构，硅谷仲裁与调解中心 （SVAMC） 正在积极迎接这一挑战。本中心专注于在技术领域上推动实务的争议解决，鼓励与精英技术公司、律师事务所、替代性争议解决（ADR）机构，以及硅谷及其它地方的著名大学开展合作。

本中心在2023年2月邀请各界提交意向书后，便成立了由来自 T.H.E. Chambers的 Benjamin I. Malek带领的人工智能工作小组。这支34人的团队使命就是致力应对人工智能与国际仲裁相交而带来的挑战。

因为国际仲裁程序通常会涉及不同司法管辖区的法律，从而造成不统一的竞争环境，所以在国际仲裁程序中设立一套共同基准尤为重要。为了应对这个需求，SVAMC 人工智能工作小组成立了一个八人起草小组委员会，以制定在国际仲裁过程中适当使用人工智能的指南，目标是营造一个可以适当使用人工智能的安全环境，为各仲裁参与者提供明确的指导，同时规管潜在的滥用情况。

《国际仲裁人工智能应用指南》（以下简称《应用指南》）将为所有参与仲裁过程的人员提供一套在国际仲裁中使用人工智能的最佳实践方案。它旨在从一个原则性框架出发，探讨人工智能的当前和未来应用，同时亦考虑到技术在未来的急速发展。

本《应用指南》旨在提供一个协调机制，类似于国际律师协会（IBA）发布的《国际仲裁取证规则》标准化在国际仲裁中取证的程序。这项成果对于培养国际仲裁上对人工智能的理解和应用可谓非常关键。

小组委员会正在定稿《应用指南》。为了收集领域专家的见解和反馈，中心计划会於2023年8月向备受尊敬的仲裁从业者和行业领先公司分发草案。

本中心计划于2023年9月正式以英语、中文、西班牙语、法语和葡萄牙语发布《应用指南》。

发布后，本中心将邀请各全球仲裁机构分享他们对这些规定的解释和指导， 这些提议将会编入《专业机构指导准则 》章节，提供对这些创新规定的多角度视角。

本中心以引领塑造人工智能在国际仲裁中的应用为傲。这一努力彰显了其继续推进以创新技术解决争议的承诺，为人工智能在全球法律领域的道德和实际应用设下重要先例。

硅谷仲裁与调解中心人工智能任务小组起草小组委员会的成员包括：Benjamin I. Malek、Elizabeth Chan、Sofia Klot、Dmitri Evseev、Marta Garcia、Bel Orlando F. Carbera C.、Soham Panchamiya 及 Duncan Pickard。

Translation courtesy of Gary Lau and Ling Meng (huge thanks!)

#SVAMC #ArtificialIntelligence #InternationalArbitration #AIinLaw

Check out this Law360 article, where my colleagues Benjamin I. Malek FCIArb and Dmitri Evseev explain why we're working with the Silicon Valley Arbitration & Mediation Center (SVAMC) to produce the first guidelines on the use of AI in international arbitration.

🎤 Benjamin I. Malek FCIArb on why we are working on a set of guidelines: "Courts, especially here in the U.S., have started to already dictate

or ask the parties to disclose whether they're using AI tools. At this point we believe that that would be an overgrasp because AI is so vast."

🎤 Dmitri Evseev on responsible use of AI in international arbitration: "I think what we're trying to achieve is to ensure that people consider different things when they're looking to use these AI tools ... It's easy to get carried away and take shortcuts, and we hope that people use these tools intelligently, and it becomes second nature to them ... . ... Understanding the particular tool you use and exactly whether it can be used for client confidential data — it's obviously one of the first things to do."

Benjamin I. Malek FCIArb on the need for a harmonised global approach: "He added that the task force would like the guidelines to become internationally and globally applicable — similar to how guidelines published by the International Bar Association on topics like the taking of evidence have become internationally recognized 'soft law'. These guidelines are not mandatory but help to establish best practices for parties, tribunals and institutions."

👀 Look out for SVAMC's publication of our guidelines in English, Spanish, French, Portuguese, and Mandarin this September.

🔗 Read the Law360 article at https://lnkd.in/g84xDebk 

As we witness an unprecedented intersection of #AI and #law, the challenges it presents to the international arbitration process are very real. 😯💼🌐

I'm excited to be part of the eight-member Drafting Subcommittee working on Guidelines for the use of Artificial Intelligence in Arbitration for the Silicon Valley Arbitration & Mediation Center (SVAMC). 🎯🚀

The task at hand? To produce a framework for the responsible and practical use of AI in international arbitration. 📝💡🌍

The Subcommittee comprises:

🧑 Benjamin I. Malek FCIArb

🧑 Elizabeth Chan (陳曉彤)

🧑 Sofía Klot

🧑 Dmitri Evseev

🧑 Marta Garcia Bel

🧑 Orlando 奥兰多 Cabrera

🧑 Soham Panchamiya

🧑 Duncan Pickard

The guidelines we produce will not only address the current applications of AI but will also keep an eye on the rapidly evolving future of the technology.

We aim to provide a harmonised approach to the use of AI, akin to what the IBA Rules on the Taking of Evidence in International Arbitration did for evidence-taking and document production. 🔍⚖️

I look forward to contributing to this pioneering work and playing a part in shaping the future of AI in international arbitration.

Look out for SVAMC's publication of our guidelines in English, Spanish, French, Portuguese, and Mandarin this September. 👀

Check out our press release here: https://lnkd.in/g_4BmpMk 

On Wednesday, I had the privilege of participating in an AI Roundtable hosted by Neo Forensics, where we delved into the impact of AI on the work of lawyers, litigation funders and investigators.🌐🏛️

The transformative potential of AI in the legal landscape is immense. But it is not new to international arbitration. From AI-powered document review and online dispute resolution to predictive AI for third-party funding and settlement negotiations, the use of AI is already prevalent.

More recently, we have seen law firms use AI tools such as HarveyAI (like Chat GPT but trained on legal documents) and legal research platforms like Jus Mundi launch Jus AI to provide case summaries.

Yet, like any powerful tool, AI is not without its challenges. Data currency issues, concerns regarding client confidentiality, and the challenge of misinformation are critical hurdles to overcome 🚫🔒.

AI use demands our diligence and responsibility.

I shared my thoughts on the possibility of introducing guidelines and regulations when using AI tools in international arbitration. Of course, there are already mandatory rules and professional conduct guidelines in many jurisdictions that cover the use of AI.

But the need for guidance may be particularly pressing in the international arbitration context, where there may be multiple applicable rules and guidelines, coupled with the need to maintain equality and fairness in proceedings.

In this context, we may consider the need for guidelines on preserving the integrity of proceedings, addressing the risk of falsified evidence, and protecting confidentiality and data privacy, among other things.

The Roundtable discussants agreed that AI is reshaping our industry. However, it is vital that we steer this change responsibly, innovatively, and ethically. The discussions we had during this roundtable only emphasised the importance of embracing the opportunities presented by AI, being aware of the risks of AI and moving forward responsibly. 

𝐖𝐡𝐚𝐭 𝐰𝐢𝐥𝐥 𝐛𝐞 𝐭𝐡𝐞 𝐢𝐦𝐩𝐚𝐜𝐭 𝐨𝐟 𝐀𝐈 𝐨𝐧 𝐥𝐞𝐠𝐚𝐥 𝐰𝐨𝐫𝐤, 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧 𝐟𝐮𝐧𝐝𝐢𝐧𝐠 𝐚𝐧𝐝 𝐟𝐨𝐫𝐞𝐧𝐬𝐢𝐜𝐬?

Join us for a hybrid (London/online) roundtable hosted by Neo Forensics to talk about:

❓How AI is likely to impact the work of lawyers, investigators and litigation funders

❓How AI will shift work practices

❓Humans vs computers: synergy or competition?

❓Opportunities created by AI

❓Risks created by AI

❓How businesses should prepare themselves for the AI revolution

Event details

📅 Wednesday, 19 July 2023

🕰️ 16:00-18:00 HKT

📍 Neo Forensics' office in London (or online)

𝐑𝐨𝐮𝐧𝐝𝐭𝐚𝐛𝐥𝐞 𝐟𝐚𝐜𝐢𝐥𝐢𝐭𝐚𝐭𝐨𝐫𝐬

🧑Mikhail (Michael) Lastovskiy (Neo Forensics)

🧑Greg Falkof (Mishcon de Reya)

🧑Patrick Rode (Deminor)

🧑Ayse Yazir ACII (Benchwalk)

🧑Artem Doudko FCIArb (Osborne Clarke)

🧑Elizabeth Chan (陳曉彤) (Tanner de Witt)

𝐒𝐢𝐠𝐧 𝐮𝐩 𝐧𝐨𝐰:

🔗https://lnkd.in/gsJr_2_4 #business

🏃‍♀️ Attendance in person is limited to 15 so hurry! Email info@neoforensics.com if you would like to attend in person. 

Here's the recording from my first partnership with the Silicon Valley Arbitration and Mediation Center: a TechTalk on "The Metaverse and International Dispute Resolution"!

Some key takeaways: 

💡 The metaverse allows individuals to interact virtually through avatars, representing their digital identities.

💡 Virtual reality (VR) provides a completely immersive experience, while augmented reality (AR) augments the real world with virtual elements.

💡 The metaverse has been a concept for decades but has gained mainstream attention recently.

💡 Interoperability is (should be?) a key aspect of the metaverse, allowing avatars and assets to move across different platforms.

💡 Technical limitations, such as user capacity and interoperability, currently exist in the development of the metaverse.

💡 Possible legal disputes may emerge in areas like intellectual property, data privacy, virtual "property" rights, and contractual obligations within the metaverse.

💡 Enforcement challenges under the New York Convention may arise, especially in relationship to awards rendered via blockchain arbitration.

Watch the YouTube video to view the entire recording:

🔗 https://www.youtube.com/watch?v=GAWg6qajMH4

Thank you very much to Mauricio Duarte for the expert moderating, Sarah Reynolds for the invitation to partner with SVAMC, and Bill Seward and Anne Keating for their behind-the-scenes organising. 

Thank you to the 123 participants who turned out for my CUHK Faculty of Law webinar on the metaverse and dispute resolution on 7 June (or rather, for the CPD point 😉).

🥽 Virtual/augmented reality technology continues to improve, as shown by the Apple Vision Pro released this month (although with a 💰 price tag!) - called the world's "first spatial operating system"

⚖️ What could these (and other) improvements in VR/AR mean for dispute resolution?

If you are interested in learning more, take a look at the article that Emily Hay and I published on the enforcement of metaverse-related awards resolved by blockchain arbitration under the New York Convention.

You can download it via SSRN here:

🔗 https://lnkd.in/gqt9-Zky

Thank you very much to Matthew Cheung and Vivian Tsui for the invitation to speak. 

My presentation “Mayhem in the Metaverse: the Metaverse and dispute resolution”, is based on my co-authored paper on the enforcement of metaverse-related disputes resolved by blockchain arbitration under the New York Convention. 

The article won the Taipei Arbitration and Mediation Conference 2022’s call for papers. 

The webinar will cover:

• Defining the metaverse 

• The use cases for the metaverse 

• My experience with different metaverse worlds 

• The types of disputes that might arise in the metaverse context 

• The dispute resolution methods for resolving metaverse-related disputes 

• Enforcement issues under the New York Convention

I was delighted to reunite with Crenguta Leaua and Ekaterina Oger Grivnova for a panel on the metaverse and why it matters to dispute resolution at the first-ever ArbMetaBlock Conference hosted at Ghent University on 26 May 2023.

I was only sorry I couldn't be there in person (ironically)!

Thank you very much to Maud Piers for having the creativity and inspiration to imagine this conference and to make it happen.

Thank you as well to Amy Schmitz for the expert moderating.

*****

Summary courtesy of ArbTech on LinkedIn: 

The second session was moderated by Amy Schmitz on the relevance of the Metaverse to arbitration and disputes more generally, with a panel featuring Professor Crenguta Leaua, Ekaterina Oger Grivnova and Elizabeth Chan (陳曉彤).

The panel discussed the technical status of VR and AR technology today as it might be used in traditional disputes, what disputes look (and will look) like in the various decentralised Metaverses, and how this technology will continue to affect our lives in the near future.

This was my first time to host a conference in Spatial.io, as part of the CIArb YMG Annual Global Conference on 26 May 2023.

Filippo Zuti Giachetti designed a gorgeous conference space for us on Spatial, involving an auditorium where we could attend as avatars (wearing VR goggles), via a browser or via our mobile devices.

There were comfortable chairs for the audience to sit in - and even dance on.

We could also design the "stage" with the chairs, and display our presentations on the big screen.

A big thumbs up to Spatial for making this virtual space easily accessible. 

As you'll see in the bottom picture, those who didn't connect individually could view the conference from Zoom via their conference room in Nairobi.

There were a few technical glitches, mostly related to getting to the Zoom streaming but Spatial seems like a great option for those who want to host an event in the metaverse but allow those using different devices to join easily (just via a link).

Thank you very much to Noreen Kidunduhu for the invitation to speak and to my co-speakers, Filippo Zuti Giachetti and Folasade Abiodun. 

Friends in Hong Kong: join us for a seminar at the University of Hong Kong on "Metaverse Dispute Resolution: Navigating Conflicts & Harnessing Online Technologies in the Digital Frontier" 🌍🔍

🗓️ Monday, 12 June 2023

⏰ 1:00-2:00 PM

Join us in person at Room 723, 7/F Cheng Yu Tung Tower or via Zoom at:

🔗

https://hku.zoom.us/j/98158829485

This session will explore the metaverse and its various use cases while shedding light on potential disputes and resolution methods. 📚🌟

Topics to cover:

🌌 Defining the metaverse and exploring its possibilities

🌎🎮 Real-life use cases for the metaverse

⚖️ The types of disputes that might arise within the metaverse context

🔍💡 Various dispute resolution methods potentially suitable for metaverse-related disputes

🔒🏛️ Enforcement issues under the New York Convention, and how they apply to metaverse disputes

🌐🤝 ODR and its significance in the digital age

🌍 Insights into the development of ODR in Hong Kong

See you there! 👋🎉

Thank you very much to Kelvin Hiu Fai Kwok and Shahla Ali for the kind invitation to speak!

It was fun to present at the "Arbitration and the Resolution of Disputes in the Digital Sphere" event organised by LCA YAN on 24th May 2023, and particularly special to share ideas and learn from a young African audience:

Our discussions revolved around key trends in technology-related disputes, with a special focus on Africa.

We also talked about recent developments in metaverse and virtual reality technologies.

We tackled the intriguing question of whether digital assets can be treated as property, exploring the legal implications and potential ramifications. 🏦

Additionally, we explored the various dispute resolution fora available for technology-related disputes, offering insights into effective conflict resolution methods.

My fellow speakers were Dr. Ademola Bamgbose and Mihaela Apostol.

Thank you to Naa Amorkor for her expert moderating, and Leyla Ahmed (Co-Chair of LCA YAN based in Kenya) for organising.  

🌐✨ Join us for an exciting virtual panel titled "Artificial Intelligence: What are the Current and Future Possibilities of ChatGPT and Predictive Analytics for International Arbitration?" at the 2023 World Arbitration Update on 23 May at 10:00-11:30 HKT.

This panel, moderated by Kiran Gore, will explore the potential of #AI and #ChatGPT in arbitration.

We will address crucial questions surrounding the use of AI in arbitration, such as the role of predictive analytics in decision-making, the risks and biases of AI tools, the uniqueness of human input in legal decision-making, and the boundaries of AI decision-making.

My fellow speakers are Isabel Yishu Yang, Kelby Ballena, Arie Eernisse and Dimitri Evseev.

Join us in this exciting discussion and learn how the world of international arbitration is embracing new technologies responsibly.

Register at

https://us02web.zoom.us/meeting/register/tZcpcu2tqzIqHtx7w9pKBIlh1_xHcuOX04Tb#/registration

********

About the World Arbitration Update

WAU, now in its third edition, will take place in a hybrid format (in-person + virtual) on 18-19 May and 22-25 May.

It will bring together the international arbitration community to discuss key updates in commercial and investment treaty arbitration and to decentralise the practice of arbitration beyond traditional centres.

For more information, visit:

https://worldarbitrationupdate.com/

On 16 May 2023, I had the pleasure of interviewing my friend, Weronika Marciniak, CEO of Future is meta, for a MetaverseLegal Web3 Tuesdays webinar.

She shared valuable insights on building your presence in the metaverse.

Key takeaways from the webinar included:

💡 Users have new ways of engaging with brands in the Web3 world. For instance, Nike has developed a platform that empowers customers to design their own sneakers and use them within virtual worlds.

💫 The Experience Centre on Roblox is another example of enabling participants to unleash their creativity and design their own virtual masterpieces.

☕ Starbucks, a frontrunner in adopting blockchain technology, has replaced physical loyalty cards with a transparent and secure blockchain-based system. This move not only enhances transparency but also revolutionises the customer experience.

🚀 The Web3 ecosystem is bustling with start-up activity. Spatial, for instance, empowers anyone, regardless of their design background, to create captivating virtual spaces. Could these spaces be Zoom 2.0?

🔍 Hardware development is a critical aspect of the metaverse. Innovations are already underway to make virtual reality headsets lighter and more comfortable.

Some headsets now feature a cable-connected battery belt, reducing the strain on users. The future of hardware is becoming more accessible and affordable, opening up avenues for wider adoption.

🎉 That feeling of overcoming a challenge! 🎉

Who would've thought that when I picked up Mandarin in earnest again 6-7 years ago, I would be able to give a full lecture in Mandarin at Peking University on the technical topic of the metaverse and dispute resolution?

I'm incredibly grateful to my Young ICCA Mentor, Cao Lijun, and Guo Laoshi, for giving me the opportunity to speak to PKU law students on 9 May, and to Wang Laoshi and Jennie Laoshi for growing my love for the language of my heritage.

🎉 What an amazing night! Just wrapped up speaking at an engaging online event on the metaverse, hosted by IAMC Hyderabad.

A big thank you to Tariq Khan for inviting me and Sunayana Kandala for moderating and organising this fantastic session.

🌐 We had a lively discussion with 40+ participants on how to define the metaverse, and I was thrilled to share images from my own travels within the metaverse to help bring the concept to life.

🥽 Interestingly, during a poll, I discovered that I was the only one in the group who owned a pair of virtual goggles!

🔐 As we delved into the subject, we also explored potential issues that might arise from the use of virtual reality in dispute resolution, such as confidentiality, security, and anonymity.

👥 The interactive nature of the event made it all the more enriching, and I'm grateful for the opportunity to connect with everyone who attended.

Looking forward to more insightful conversations on the metaverse and its potential impact in the future!

#Metaverse #VirtualReality #IAMCHyderabad #DisputeResolution

🌐 I had the pleasure of speaking at an insightful online webinar on "Online Dispute Resolution (ODR) and Artificial Intelligence (AI) in Arbitration", organised by Arbitration Academia yesterday. 🚀

It was an honour to share the virtual stage with my fellow speakers:

🔸 Yukta Joshi, a brilliant dispute resolution lawyer in India

🔸 Kritika Sethi, the innovative co-founder of WeVaad, an Indian company offering ODR services

🔸Nawal Hend, the fabulous Founder of Arbitration Academia

During our panel discussion, I delved into:

🔹 The availability of technological assistance to parties in arbitration

🔹 Differentiating between virtual elements in arbitration and ODR platforms

🔹 A spotlight on eBRAM International Dispute Resolution Centre in HK (with thanks to Emmanuelle Pui-Ki Ta for her valuable input in my preparation for this webinar, and her awesome work as CEO of eBRAM)

🔹 A primer on blockchain arbitration

🔹 Enforcement challenges under the New York Convention for blockchain arbitration awards

🔹 The evolution of AI in dispute resolution and its increasing presence in our lives

A big thank you to everyone who attended! 🙌

Watch the recording here: https://www.youtube.com/watch?v=fm8QHkqAlBs

Congratulations to Charmaine Ng for founding Women in Tech, where women in tech in Hong Kong meet for a cosy conversation every two months.

Charmaine is a tech policy lawyer, ex-Tencent, Director of Asia-Pacific Digital Policy at a leading energy management company, and a World Economic Forum Fellow.

Charmain founded Women in Tech in March and invited me to speak on the metaverse and dispute resolution for the group's second meeting in April.

Our group last night included several ex-Tencent lawyers, as well as lawyers interested in pursuing a career in technology.

We talked about how the metaverse/VR technology still seems foreign to so many. We laughed over pork belly, blue cheese and sourdough about our fun and unpredictable journeys in tech. We promised to meet again.

***********

Women in Tech is founded by Charmaine Ng

It is a not-for-profit network created as a safe space for women in tech and women looking to explore careers in tech.

It is a platform of camaraderie, where women can freely share our experiences, and to provide mentorship - traditional, reverse, and horizontal - to each other.

It is also a platform to make new friends and have fun, all within an environment of intellectual stimulation.

To join us, drop Charmaine a private message.

Lively discussion and debate today on resolving metaverse-related disputes as part of the University of California, Hastings College of the Law (now UC Law San Francisco) ADR speaker series.

Thanks, Hiro Aragaki, for the invitation and the students for your reflections on my co-authored paper on the enforcement of metaverse-related awards. 

Thanks to W3W (Web3 Women), I shared my research on dispute resolution in the metaverse with those who design and build it.

I am grateful to Vivien Khoo for the opportunity to present to W3W today.

For those who don't know, W3W connects women in the Web3 space to help professional women transition to and thrive in Web3.

Thank you to the 130+ attendees who joined us for the International Centre for Dispute Resolution (ICDR) Y&I webinar on "Arbitration and Web 3 Disputes: Cryptocurrencies, NFTs, Metaverse and Smart Contracts"!

Every time I participate in a webinar on these topics, I learn something new and have interesting discussions on these novel topics.

At this webinar we considered questions including:

💠 What are smart contracts and ricardian contracts, and how are they different?

💠 Should there be specific laws that apply to the Metaverse?

💠 How does party anonymity in the dispute resolution process affect issues relating to formative and substantive consent under the New York Convention?

My co-panellists, Bernardo Regueira Campos and Juliette Asso-Richard, taught me so many new concepts.

The session was expertly moderated by Rodrigo de Oliveira Franco and organised by Rafael Carlos del Rosal Carmona.

A recording of the webinar is available here:  https://lnkd.in/eN7ahyyx. 

"Do you think the metaverse will become relevant for your business?" Almost two-thirds (59%) of those attending Allen & Overy's client webinar today said yes.

Our webinar on "Digital Bonds and the Metaverse" was therefore a timely one, where my International Capital Markets colleagues and I shared our global firm's expertise in these areas:

💡 A&O has advised on several milestone digital bond issuances since 2017, including the European Investment Bank‘s digital bond of 2021, as well as a crypto-currency denominated bond issuance in 2017, which was the world's first fully-automated bond issuance.

💡 Allen & Overy Thailand advised on Asia's first fully-digitalised corporate bond transaction.

💡 Allen & Overy's IP team has explored how brands should prepare for the metaverse.

💡 Allen & Overy's M&A team has also explored M&A opportunities to prepare for the metaverse and web 3, especially in NFT markets.

I had a huge amount of fun sharing my learnings on metaverse-related disputes issues with the American Bar Association International Law Section tonight.

Our discussion threw up so many interesting ideas:

✨ Is the metaverse here yet?

✨ How will / should we continue upskilling in these novel technologies - for counsel, arbitrators, judges - who may be called on to present arguments on these issues or resolve them?

✨ Should witnesses be allowed to testify in avatar form?

✨ Might disputes be resolved in the metaverse in the future?

✨ Do metaverse-related disputes have any implications for mediation?

Thank you very much to Chris Campbell, Esq., MCIArb. (He/Him), Barry Appleton and Sujey Herrera for the kind invitation to speak and share ideas. 

A very thought-provoking panel today at the Taipei Arbitration and Mediation Conference 2022 on resolving digital disputes. In particular, a deep dive into enforcement issues, covering interesting topics including:

💡 How should we define arbitration anyway? And how inclusive should we be in this definition for the purposes of the NY Convention?

💡 It was easy to imagine some "permissive" interpretations of the NY Convention (e.g., the writing requirement for an arbitration agreement), but more difficult to imagine other interpretations (e.g., non-requirement of a legal seat or (clearly) demarcating acceptable and non-acceptable "breaches" of due process).

💡 The risk of "meta" disputes (i.e., disputes about the dispute settlement procedure) in this digital context: just a growing pain that will pass, or something that might bring the entire enterprise to an end? (With thanks to Joshua Karton for the thought-provoking question!)

💡 Does the NY Convention have a role at all? If not, do we need some other convention or other enforcement arrangement?

With huge thanks again to my co-author, Emily Hay, for our paper on the enforcement of metaverse-related disputes under the NY Convention, which won the Taipei Conference's Call for Papers (and for the photos!).

With many thanks to my fellow panellists, Jun Hong Tan, Julien Chaisse, Yueh-Ping (Alex) Yang, Tsai-fang Chen, and brilliant moderators, Winnie Jo-Mei Ma and Jeffrey Li, and the conference organisers, Kevin and everyone else involved! 

Time, Place and Identity: the things that technology will revolutionise and even erase. Do we need to redesign or even re-imagine our dispute resolution system to mirror a world where concepts of time, territoriality and human form are radically changing and may even become irrelevant?

I enjoyed a fascinating conversation today with Sophie Nappert, Colin Rule, Pratyush Panjwani, Sarah Chojecki and Isabel Yishu Yang, as part of the closing panel of the second edition of World Arbitration Update. 

Are there minimum standards of due process that cannot be breached to enforce an award under the NY Convention?

Could we tolerate anonymity of arbitrators, parties or even witnesses?

Does requiring a choice of legal seat make sense in a world of virtual engagement where territoriality seems irrelevant?

We explored these fascinating questions and more at today's Young MUTE OFF Thursdays, with my co-presenter, Emily Hay.

Thank you to the 35 wonderful ladies who joined us for this conversation. Let's continue this conversation!

Thank you to Rachel Chiu, Derin Morgan, Laura Canet and Ayelet Hochman for the YMOT virtual world that I am so lucky to be part of. 

Here is my podcast episode with Chris Campbell, Esq., MCIArb. (He/Him) of Tales of The Tribunal, talking about developments in dispute resolution in the metaverse, 国际仲裁沙龙 Mandarin Arbitration Salon and more.

Available at your favourite podcast player here: https://lnkd.in/gDMhKBwt 

I learnt about interesting crypto concepts at this morning's fascinating panel on "Web 3: Disputes in the Virtual Ecosystem" at Global Arbitration Review Singapore.

I had the pleasure of speaking alongside Ken Hwee Tan, Shen Yi Thio, Hazel Tang and Shaun Leong, FCIArb (梁立雄）. Our panel was expertly moderated by Lijun Chui 崔丽君. 

Could metaverse-related arbitral awards be enforced under the New York Convention?

It was fun to explore this idea and other disputes issues relating to the metaverse with my fellow speakers, Niraj Modha, Niyati Ahuja and Nour Nicolas.

Many thanks to Mayank Pratham for the kind invitation to speak at the Guru Gobind Singh Indaprastha University USLLS Alternative Dispute Resolution Cell online conference on "Resolving Disputes in the Metaverse". 

What do you see in arbitration's crystal ball? If you missed last week's Chartered Institute of Arbitrators (CIArb) Brazil Branch's webinar on "Arbitrating Future Tech Disputes", you can watch it on Youtube here: https://lnkd.in/gytxUtzT.

Topics covered include:

💾 Does arbitration have a role in digital disputes (with a special focus on the UK Jurisdiction Taskforce's Digital Resolution Rules)?

💾 Should Tribunal-appointed experts be encouraged in tech disputes?

💾 What are the relative benefits of litigation and arbitration for resolving tech disputes?

💾 Is arbitration suitable for mass consumer tech claims?

I learnt a lot from this conversation with my fellow panellists, Dr. jur Ricardo Campos, Matthew Lavy, Andre Guskow Cardoso, and moderators, Carmen Sfeir Jacir and Celso De Azevedo FCIArb.

With thanks to Cesar Pereira FCIArb for the invitation to join this panel. 

𝐌𝐮𝐭𝐞-𝐎𝐟𝐟 𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐌𝐞𝐭𝐚𝐯𝐞𝐫𝐬𝐞: 𝐟𝐫𝐨𝐦 𝐯𝐢𝐫𝐭𝐮𝐚𝐥 𝐭𝐨 𝐯𝐢𝐫𝐭𝐮𝐚𝐥 𝐫𝐞𝐚𝐥𝐢𝐭𝐲!

One of the first steps towards learning about the Metaverse is to experience it. This is the third virtual reality event I've organised for the arbitration community. Each time I'm more impressed by how well it works and the sense of presence that virtual reality offers.

I've also benefitted a lot from the collective wisdom of friends and colleagues as part of my journey to understanding more about the Metaverse and its implications for dispute resolution. I'm particularly grateful to Juliette Asso-Richard, MARCELA RADOVIĆ CÓRDOVA and Heidi Li for joining our panel of avatars tonight.

Thank you very much to Claire Morel de Westgaver, Ema Vidak Gojković, Gaëlle Filhol and Catherine Anne Kunz, for the honour of presenting at Mute-Off Thursdays!

Watch a clip from the event here: https://www.linkedin.com/posts/lizzie-chan_internationalarbitration-legaltech-techinarbitration-activity-6918179962575360000-dDp0?utm_source=share&utm_medium=member_desktop 

WOW! is my reaction to being part of the first-ever virtual reality arbitration conference. We had 16 avatars around the table (pictured), with at least 170 people joining by video-link.

This was my first time speaking to a roomful of avatars. It was incredible how much it felt like speaking before a physical audience. It really felt like I was there in the room with colleagues from all around the world.

Our avatar speakers were Ekaterina Oger Grivnova, Emily Hay, Juliette Asso-Richard and Yasmin Mohammad.

We were joined by Melanie van Leeuwen, Heidi Chui, Abdallah, Michel, SLM, Juan, Fausto, Bernardo, Marcela, Jil, Temur. One of the features of anonymous avatars in the Metaverse is that I can't match you all to your LinkedIn identities. But if you attended the conference - whether as an avatar or by video-link, please tag yourself in the comments so I know who you are!

Let's join together in this journey to learn more about the Metaverse. 

𝐕𝐈𝐒 𝐢𝐧 𝐕𝐑? My idea - that the Willem C. Vis International Commercial Arbitration Moot should host the first-ever mock arbitration in virtual reality next year - won this year's Call for Ideas, as part of the ICC Arbitration #YAF & YAAP - Young Austrian Arbitration Practitioners' annual joint conference, "Young Approaches to Arbitration" held today.

The idea is simple: 4 advocates (2 for the claimant, 2 for the respondent) and 3 tribunal members, all in avatars, demonstrating a mock arbitration using the Vis Moot problem. Who's in?

Thank you very much to Tamara Manasijevic, Sarah Böck and Ulrich Kopetzki, for this opportunity to present. 

At the 6th ICC Arbitration #ICCEURO Conference, Professor Crenguta Leaua gave me my first-ever avatar name, "Metaverse Arbitrator / Innovator"!

It was such fun to be part of the ICC's first-ever panel on the Metaverse, together with Sophie J. Goossens (Reed Smith), Yat Siu (Animoca Brands) and Crenguta.

I talked about jurisdictional issues arising out of agreements made in the Metaverse and in the web 3.0 digital economy.

🥽 What will be the disputes needs of users in the Metaverse and the web 3.0 digital economy?

🥽 In light of those needs, what are the most appropriate dispute resolution tools?

🥽 I drew on Claudia Salomon's speech about being aware of our bias towards international arbitration. Is it fit for purpose for resolving digital disputes? Should it be modified? Are there other tools available?

🥽 Many Metaverse platforms, NFT marketplaces, cryptocurrency exchanges and other service providers have terms of service that refer to arbitration or litigation.

🥽 But what about other dispute resolution options? Consider, for example, the Digital Dispute Resolution Rules 2021 that allow parties to remain anonymous vis-a-vis each other and envisage on-chain enforcement.

🥽 What possibilities could decentralised justice systems offer?