We are delighted to announce the IDRRMI & MGG Webinar: How the Comprehensive Agreement on Investment (CAI) between European Union and China will shape the world’s economy in 2022? has been successfully conducted on the 25 May 2021 5pm Hong Kong time.
Co-organised by the International Dispute Resolution & Risk Management Institute (“IDRRMI”) and Mediators Global Group (“MGG”), The webinar aims to foster discussion on the opportunities and challenges influenced by the Comprehensive Agreement on Investment (CAI) between European Union and China.
Moderated by Dr Alfred Chan, Vice president of IDRRMI, our distinguished speakers shared four important aspects in relation to opportunities and challenges CAI would bring. Deep appreciation to Giovanni Matteucci, Delcy Lagones de Anglim, Olga Tsiptse, and Stelios Asproftas who explore with us the topic of cultural sensitivity, personal data protection, the role of dispute resolution, and utilising the online platform for dispute resolution in the COVID19. We would also extend our appreciation to the supporting organisations, which contributes to the success of the webinar. The webinar was attracted interest from many participants.
- Academy of International Dispute Resolution and Professional Negotiation (AIDRN)
- Australasian Dispute Resolution Centre (ADRC)
- European Association of Data Protection Professionals (EADPP) - Greece EADPP Branch
- Hong Kong Centre of International Commercial Arbitration (“HKCICA”)
- Hong Kong International Mediation Centre (“HKIMC”);
- Hong Kong Mediation Centre (“HKMC”);
- International Professional Dispute Resolution Advocates Association (“IPDRAA”);
- Stiksis Mediation services; and
- The MEDILUTION TEAM Tsiptse Law Firm - Law Mediation DataProtection
Culture sensitive international commercial mediation - Giovanni Matteucci
Mr Matteucci suggested that culture is the set of customs, language, traditions, values, religious principles, lifestyle, cuisine, art, “roots” people have received (very often unknowingly) from the society, the community, or the group they belong to. Cultural differences usually do not generate disputes, but sometimes play a crucial role in the outcome of mediation.
Mediation is gaining momentum, especially thanks to the Singapore Convention on Mediation (2019), undersigned by forty-six countries, including three of the largest economies in the world, The United States of America, China, and India.
Role of Alternative Dispute Resolution in Investment Disputes - Delcy Lagones de Anglim
Ms Delcy Lagones de Anglim has illustrated that international commerce has been using arbitration when standing the cross-road for different dispute resolution mechanisms, its confronting nature has turned many investors aways in recent years as a growing understanding of the importance to gain a win-win outcome in the process. International mediation is earning its popularity due to its cost-effect, collaborative, economic, and speedy approach. Attributed to the Singapore Convention on Mediation, enforcing settlement agreements in different countries is now a possibility, further favoring mediation as the dispute resolution of choice in international disputes.
Despite international mediation will possibly become the leading dispute resolution mechanism among the others, its development faces challenges that cannot be neglected. Delcy suggests that mediation experts shall support the industry with promotion and education, in particular on the areas including 1) false perception debunking i) of its suitability, ii) from legal professionals, and iii) from arbitrators, and 2) strengthening the confidence businesses and investments on the benefit to international mediation.
Personal data transfer in the era of EU General Data Protection Regulation - Olga Tsiptse
As a result of the EU-China CAI - Comprehensive Agreement on Investment, many data of EU citizens are going to be processed outside the EU, no matter their role as data subjects, employees, clients, vendors, etc. That further means that any of the participants in that Agreement in any way shall be well aware of the most severe and highly effective EU General Regulation for data protection, in short GDPR!!! (EU Regulation 2016/679).
Olga highlighted GDPR primarily serves not as a threat of fines, instead as the promotion and relating privacy and personal data protection, which are the fundamental Human Rights for all EU CITIZENS (article 7-8 EU Charter of Fundamental Rights & Convention 108 +).
Covid 19 & ODR – An opportunity or a calamity? - Stelios Asproftas
Mr Stelios Asproftas believes COVID has changed tremendously the way we interact with others and making business. In dispute resolution, limited by the pandemic, mediators and disputants are benefited from an online platform for quicker, more convenient, and economic resolving disputes process. While the option for expended from conducting mediation in a face-to-face setting, online dispute resolution (ODR) proposes both advantages and challenges to the people involved. Mediators shall analysis parties' readiness, knowledge, and acceptance to use the online platform for resolving disputes. Other matters such as the type of dispute and stage in the dispute should also be in consideration. Nevertheless, regardless of using a face-to-face mediation setting or through an online platform, setting aside differences, respecting the respective culture, be kind, and be ethical are keys to disarming disputes effectively.
"So I ended up to the conclusion that whatever happens either positive or negative, especially negatives, happen for a reason and this reason is to teach us something. That ‘’something’’ we need to take advantage of it in a positive manner."