Online Dispute Resolution
A paper based on the author’s presentation at the Summer School in Transnational Commercial Law & Technology, Verona, Italy, May 30-June 1, 2019 - (scheduled for publication by the University of Verona School of Law, Marco Torsello, editor)
37 Pages Posted: 19 Dec 2019
Date Written: December 18, 2019
This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. In the paper, I review online dispute resolution (ODR) by considering the following five questions, which I believe help to develop a better understanding of both the concept and the legal framework surrounding it:
A. What is ODR?
B. Who does ODR?
C. What is the legal framework for ODR?
D. What are the developing legal issues regarding ODR?
E. What is the future of ODR?
I give particular consideration to the negotiations that led to the 2017 UNCITRAL Technical Notes on Online Dispute Resolution,1 as well as recent developments across the globe. I also consider whether the development of ODR is likely to occur most usefully in the private sector, as compared to development through national or international legal process.
Keywords: online dispute resolution, ODR, private international law, UNCITRAL, European Union, alternative dispute resolution, arbitration, mediation, conciliation, international litigation, international economic law, comparative law, international law, consumer protection
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