WELCOME TO ACWH

The Chinese Arbitration Association and the ACWH Co-Hosted the 2023 Taipei International Conference on Arbitration and Mediation – “International Dispute Resolution and Development: The Technological and Economic Perspectives” on 23-24 October 2023


 

In a formidable convergence of legal intellect, the Chinese Arbitration Association and the Asian Center for WTO & International Health Law and Policy (ACWH) orchestrated a seminal conference on 23-24 October 2023. This intellectual conference, staged at a juncture critical to the evolution of global trade, gathered legal scholars and practitioners, fostering inspirations poised to sculpt the contours of the future of international arbitration, especially in the era of artificial intelligence.

Day One: October 23, 2023

The first day dawned with an opening remark by CAA’s Chairman Yeong-Chyan Wu and ACWH’s Director Yueh-Ping (Alex) Yang, followed by the keynote speech of Professor Peter Van Den Bossche, former Chair of the Appellate Body of the World Trade Organization, which delved into the future of international trade dispute settlement.

Sessions Highlights:

Session I: International Dispute Resolution and Technological Innovation (I)

Under the moderation of Helena Chen, Managing Partner at Chen & Chang, Session I unraveled the symbiotic interplay of artificial intelligence (AI) and dispute resolution. Anthony A. Abad from Ateneo de Manila University expounded upon the profound implications of AI on the international trade dispute settlement system. Bhanu Ranjan, Assistant Dean & Associate Professor at SP Jain School of Global Management, scrutinized the ramifications of AI on the arbitration process. Independent arbitrator Joe Liu lent his expertise to an exploration of the human dimension in arbitration amid the unfolding era of AI. Sean Shih, Partner at Baker & McKenzie, expounded upon the potential advent of AI arbitrators and their application in the arbitration realm.

Session II: International Dispute Resolution and Technological Innovation (II)

Steered by the adept moderation of Joyce Chen, Associate Partner at Lee & Li, Session II scrutinized the application of emerging technology in dispute resolution. Mark Shope, Associate Professor at National Yang Ming Chiao Tung University, expounded upon the ascendancy of large language models and their pragmatic applications, benefits, and attendant challenges in international dispute resolution. Elizabeth Chan, Registered Foreign Lawyer at Tanner De Witt, navigated the realms of harnessing AI in international arbitration, emphasizing its transformative potential. Shr-Shian Chen, an LL.M. candidate at National Taiwan University, searched into the incipient realm of AI-generated content and proposed compulsory mediation of IP disputes.

Session III: International Dispute Resolution and Global Economy (I)

In the capable hands of Jeffrey Li, Associate Partner at Lee & Li, Session III embarked upon a profound exploration of the intricacies surrounding international trade and investment dispute settlement. Stephan Wilske, Partner at Gleiss Lutz and Lecturer at the Universities of Jena and Heidelberg, delivered a critique of the International Centre for Settlement of Investment Disputes (ISDS), unraveling both phantom and substantive issues triggered by prevailing practices and technological developments. Yuka Fukunaga, Professor at Waseda University, navigated the terrain of judicial deference in trade and investment dispute settlement. Rajesh Sharma, Senior Lecturer at RMIT University, unveiled a novel perspective on the mediation of WTO disputes and its subsequent enforcement. Chieh (Jeffrey) Lo, a Ph.D. Candidate at King's College London, gleaned insights from the WTO Appellate Body experience, pondering the prospect of a multilateral investment court. Ramil Gachayev, a Ph.D. Candidate at Swansea University, scrutinized expropriation in international investment law, with a particular emphasis on intellectual property rights.

Day Two: October 24, 2023

Building upon the resounding resonance of the first day, the second day of the conference unfurled with sessions that delved deeper into emergent issues in international arbitration and the transformative imprint of technology on dispute resolution.

Sessions Highlights:

Session IV: International Dispute Resolution and Global Economy (II)

Beneath the moderation of Tsai-Fang Chen, Associate Professor at National Yang Ming Chiao Tung University, Session IV unveiled the nuances surrounding topical questions in international arbitration. Lars Markert, Partner at Nishimura & Asahi, regaled attendees with a discourse on the concept of summary dismissal in international arbitration, thereby prompting contemplation on whether it portended increased efficiency or more pronounced exertion. Vera Korzun, Associate Professor at the University of Akron, searched into the intricate realm of bifurcating foreign investor protection, offering perspicacious insights into the complexities of such an approach. Alexandr Svetlicinii, Associate Professor at the University of Macau, issued a clarion call for conditional arbitrability in consensual dispute settlement of competition disputes in China.

Session V: International Dispute Resolution and Technological Innovation (III)

Moderated by Angela Yao Lin, Deputy CEO at Lee & Li, Session V served the conference with further discussions on various topics including online, crypto, and the future of dispute resolution. David Allen Larson, Professor at Mitchell Hamline University, imparted wisdom garnered from the New York experience, delineating the intricacies of designing an online dispute resolution (ODR) system, as well as elaborating on the issues of ODR Accessibility for Persons with Disabilities (PWDs). Tamar Meshel, Associate Professor at the University of Alberta, undertook a riveting exploration into crypto dispute resolution, unraveling the complexities of this avant-garde realm. Pallab Das, Dean & Associate Professor at Centurion University School of Law, enriched the discourse by proffering perspectives on revolutionizing international dispute resolution through technology, harmonizing Asian (especially India) and Western viewpoints with finesse.

The curtain descended on this intellectual spectacle with an effulgent crescendo, leaving participants enveloped in a resplendent inspiration of erudition. The collaborative alchemy orchestrated by CAA and ACWH had successfully ignited conversations that will undoubtedly reverberate through the corridors of legal scholarship and practice for years to come.