ОНЛАЙН-УРЕГУЛИРОВАНИЕ СПОРОВ УЧАСТНИКОВ ЦИФРОВЫХ ПЛАТФОРМ (ЭКОСИСТЕМ)

Abstract

The development of digital platforms (and now ecosystems) logically leads to the emergence of various kinds of mechanisms for resolving disputes arising between platform participants (ecosystems). Online dispute resolution systems of this kind currently exist in Russia and abroad; there are also certain normative approaches to their creation and regulation at the level of UNCITRAL, the European Union and individual states. However, it is in the era of the platformization of economic relations that their regulation becomes important. Formally, today the parties to such disputes are not limited when resolving disputes in the use of state (justice) and alternative dispute resolution mechanisms, but in many cases their use can be difficult and burdensome (due to the cross-border nature of the platform). In addition, refusal or evasion from the use of online dispute resolution mechanisms “inside” the platform (ecosystem) can lead to certain negative consequences for a person. In this regard, the study of the phenomenon of online dispute settlement between participants of platforms (ecosystems) is of practical and theoretical interest. This is all the more important because there is no corresponding regulation in Russia and only attempts are being made to create special regulations. As their analysis shows, unfortunately, domestic approaches cannot yet be recognized as fully adequate and reflecting the interests of various parties – buyers, sellers and platforms. The author of the article analyzes the existing practice of online dispute resolution, draft regulations. The existing key forks in approaches to the creation of new regulation are shown and proposals are made on further directions of development of regulation.