Abstract

The article used the term “low value” to identify various situations in which OArb could benefit. While this notion is highly subjective in nature, it objectifies the concept by linking it to disputes that suffer from prohibitive court costs. These are court costs that do not match the economic benefits that the requested remedy may bring to the plaintiff. According to theoretical predictions, existing ODR schemes have confirmed the assumption that OArb potential goes beyond disputes arising from online consumer contracts. As for low-value B2B conflicts, three clear political reasons have been cited for including such conflicts in future regulatory initiatives in the ODR area. The first reason was that litigation, which prohibits (smaller) commercial disputes involving businesses, has an equal impact. The second reason arose from the observation that many contractual relations between commercial parties show a power imbalance similar to the contractual relationship between consumers and traders. Finally, it was noted that in the context of e-commerce transactions, it is often difficult for the seller to identify the buyer.

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