Enhancing Access to Digital Justice: Digital Governance of Dispute Resolution and Dispute Prevention in Online Commercial Activities

Abstract

This article examines relevant theories and practices concerning the strengthening of access to digital justice and explores pathways to expanding the application of online dispute resolution (ODR) to dispute prevention in online commercial activities. It focuses on how to enhance both efficiency and fairness in four stages of commercial activities, namely, deal-making (contract formation), contract performance, dispute resolution, and the enforcement of final results. At the deal-making stage, the application of e-signatures is analyzed with respect to the prevention of compliance and security risks. The best practices of smart contracts and blockchain technology are also investigated to promote relevant innovative designs in the digital governance of online contract performance. In addition, top-down and bottom-up ODR platforms are compared in terms of their respective patterns for enhancing efficiency and fairness, as well as their differing potential for institutionalization. Finally, existing ODR self-enforcement models are explored, with emphasis on the “preauthorization” model and the example of Taobao.

Keywords: online dispute resolution, Online Dispute Prevention, Digital Governance, Smart Contract, Self-enforcement.