ADR in Cyberspace: The Need to Adopt Global Alternative Dispute Resolution Mechanisms for Addressing the Challenges of Massive Online Micro-Justice

Swiss Review of International & European Law 2016, 289-306

21 Pages Posted: 23 May 2016 Last revised: 21 Nov 2016

Date Written: May 23, 2016

Abstract

This paper discusses the potential of alternative dispute resolution mechanisms for solving Internet-related disputes and to address the challenges of Massive Online Micro-Justice, i.e. an online justice system that aims at solving a massive amount of micro Internet-related disputes affecting citizens and companies alike around the globe that are presently submitted to online platforms and decided by them. In particular, this paper discusses the challenges faced by online platforms to deal with the myriad of micro cases they are confronted with on a daily basis by reference to the massive (and ever-growing) amount of removal requests which have been submitted to Google following the (highly mediatised) confirmation by the Court of Justice of the European Union of the Right to Be De-indexed (better known under a misnomer, i.e. the Right to Be Forgotten). On this basis, this paper pleads for the development of global policies governing online alternative dispute resolution mechanisms which is critical to avoid fragmentation and which is necessary to maintain equitable access to justice in cyberspace. In this respect, this paper discusses the use of the Uniform Domain Name Dispute Resolution Policy (UDRP) as a possible source of guidance for such global dispute resolution mechanism.

Keywords: Alternative Dispute Resolution (ADR), Online Dispute Resolution (ODR), cyberlaw, right to be forgotten, right to be des-indexed, Uniform Domain Name Dispute Resolution Policy (UDRP)

Suggested Citation

de Werra, Jacques, ADR in Cyberspace: The Need to Adopt Global Alternative Dispute Resolution Mechanisms for Addressing the Challenges of Massive Online Micro-Justice (May 23, 2016). Swiss Review of International & European Law 2016, 289-306. Available at SSRN: https://ssrn.com/abstract=2783213 or http://dx.doi.org/10.2139/ssrn.2783213

Jacques De Werra (Contact Author)

University of Geneva ( email )

Unimail
40 Bd Pont d'Arve
Geneva, CH - 1205
Switzerland
41223798510 (Phone)
41223798467 (Fax)

HOME PAGE: http://www.unige.ch/droit/collaborateur/professeurs/deWerra-jacques.html

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