Online Dispute Resolution: Conceptual and Regulatory Framework

24 Pages Posted: 18 Dec 2019

See all articles by Gralf-Peter Calliess

Gralf-Peter Calliess

University of Bremen - Faculty of Law

Simon Johannes Heetkamp

Luther Rechtsanwaltsgesellschaft

Date Written: December 17, 2019

Abstract

Online Dispute Resolution (‘ODR’) is a dispute resolution service provided on the internet. It combines different means of alternative dispute resolution (‘ADR’) with the use of information and communication technology (‘ICT’). Originally, it was predominantly concerned with conflicts arising from the use of the internet, such as disputes over e-commerce transactions or domain names. More recently, it is gaining importance in the resolution of offline disputes as well. This paper elaborates on the concept and function of ODR and examines its public and private regulation, where the ODR-Regulation and ADR-Directive of the European Union and the UNCITRAL Technical Notes on ODR figure most prominently. After analysing the impact of these regulations, we discuss some crucial issues of the future development of ODR. Since technology is said to take part as a ‘fourth party’, we suggest a more technological rather than purely legal approach to ODR.

Keywords: Alternative Dispute Resolution, Litigation, Arbitration, Mediation, Negotiation, Information and Communication Technology ICT, ICANN UDRP, Private Self-Regulation, Trustmark, Guidelines, Public Regulation, UNCITRAL Technical Notes, EU ODR Regulation, EU ADR Directive, Transnational Law

Suggested Citation

Calliess, Gralf-Peter and Heetkamp, Simon Johannes, Online Dispute Resolution: Conceptual and Regulatory Framework (December 17, 2019). TLI Think! Paper 22/2019. Available at SSRN: https://ssrn.com/abstract=3505635 or http://dx.doi.org/10.2139/ssrn.3505635

Gralf-Peter Calliess (Contact Author)

University of Bremen - Faculty of Law ( email )

Universitaet Bremen
Fachbereich Rechtswissenschaft
D - 28353 Bremen
Germany
+49-421-218-66207 (Phone)
+49-421-218-66212 (Fax)

HOME PAGE: http://www.handelsrecht.uni-bremen.de/

Simon Johannes Heetkamp

Luther Rechtsanwaltsgesellschaft

Anna-Schneider-Steig 22
Cologne
Cologne, North Rhine-Westphalia 50678
Germany

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