The role of transnational online arbitration in regulating cross-border e-business – Part II

Abstract

Part II 4.4 Emergent principles of Internet governance, 4.5 Co-regulation, 4.5.1 Non-binding ODR, codes of conduct, trustmarks and self-enforcement, 4.5.2 Transnational online arbitration lex informatica and international enforcement – 5. Co-regulation centred on transnational online arbitration: 5.1 The proposed system, 5.2 Benefits, 5.2.1 Use of ODR, 5.2.2 Central role of transnational online arbitration, 5.2.3 Adoption of a co-regulatory approach, 5.3 Drawbacks, 5.3.1 Apparent drawbacks of the consensual character, 5.3.2 Transnational online arbitration, 5.4 Operation, 5.4.1 OADR, 5.4.2 Transnational online arbitration, 5.4.3 Judicial support and supervision, 5.4.4 Enforcement of ODR outcomes, 5.4.5 Publication of ODR outcomes, 5.4.6 Consumer disputes – 6. Conclusion. This article suggests that traditional legal solutions based on localisation and territoriality are inappropriate for cross-border e-business transactions. The instantaneous, ubiquitous and truly international Internet necessitates solutions with similar qualities. The elements of a plausible solution can be found in three relatively recent developments: the online dispute resolution (ODR) movement; the emerging principles of Internet governance; and the concept of co-regulation. The catalyst, however, is a concept rooted in the theory and practice of international commercial arbitration. This article argues that the optimum solution is a truly international, decentralised, multi-stakeholder, multi-level and multi-instrument co-regulatory system based on ODR and centred on transnational online arbitration with the role of the courts limited to the guardianship of public policy.