Online Dispute Resolution: Conceptual and Regulatory Framework
24 Pages Posted: 18 Dec 2019
Date Written: December 17, 2019
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
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