Online Dispute Resolution Mechanism Research Articles

Can Artificial Intelligence and Modern Technologies Address the Common Issues of Consumer Online Dispute Resolution in the EU?

The article examines the current status of Online Dispute Resolution (ODR) in the European Union, explicitly evaluating its advantages and disadvantages. In addition to examining the evolution of the ODR mechanisms, the author sheds light on the challenges encountered in their implementation, such as concerns about trust, transparency, and accessibility. Moreover, this analysis investigated the potential implications of artificial intelligence and contemporary technologies on the transformation of the EU’s consumer ODR framework. The ADR/ODR system of the EU has been subject to criticism for several weaknesses, including inconsistent implementation, insufficient supervision, and the lack of mandatory participation for traders. The lack of a specialised supervisory mechanism has also led to shortcomings in the oversight process. The Directive does not impose a requirement for traders to participate in ADR procedures; nevertheless, there exists significant heterogeneity in the regulations that govern these procedures. The lack of binding enforcement for final decisions arises from the requirement of Member States to agree upon and acknowledge the mechanisms for recognition and implementation. The EU ODR Platform operates as a mechanism for referring cases to ADR bodies. Nevertheless, the entity in question does not actively participate in the resolution of disputes based on their substantive merits, and its jurisdiction is primarily limited to smaller entities. Artificial intelligence (AI) has the potential to enhance transparency, objectivity, and legitimacy within online dispute resolution systems, thereby potentially giving rise to a two-tier system. The author suggests that in order to bring about significant legislative changes, it is necessary to incorporate certain provisions. These provisions should mandate the enforcement of decisions made in alternative dispute resolution (ADR) processes for consumers and also facilitate the seamless integration of artificial intelligence (AI) into this system. Otherwise, it is unlikely that AI will substantially impact the efficiency and effectiveness of the EU ADR/ODR system, as its primary challenges are rooted in areas beyond the scope of AI, such as the enforcement of decisions.

Theoretical Connotation and Mechanism Construction of Digital Justice

With the development of artificial intelligence, the era of big data has come, and digital technology is changing the traditional way of life. The “online dispute resolution mechanism” based on the theory of “digital justice” has become a new type of dispute resolution that helps and promotes the realisation of justice. However, the theory of digital justice in the help of “close to justice” “to achieve justice” at the same time due to the rationality of the data computation there are also some shortcomings, in order to be more standardised and rational use of digital technology to achieve justice, the need for digital justice governance structure for the optimisation and construction.

Formulation of a Risk-Based Online Dispute Resolution Model for E-Commerce in Indonesia: Legal Framework and its Application

E-commerce growth in Indonesia has resulted in increased consumer disputes. This study aims to establish a regulatory framework for Online Dispute Resolution (ODR) in Indonesia using a normative legal research methodology. Secondary data from various sources, including ODR mechanisms from Shopee, Tokopedia, Bukalapak, and Indonesian regulations, were analyzed descriptively and comparatively. ODR offers benefits such as ease of use, cost-effectiveness, and avoidance of legal procedures but faces challenges like consumer awareness, standardization, and regulation. Ideal ODR models for Indonesia include E-Negotiation and E-Mediation, using AI mediators. Complex or high-risk disputes may require E-Mediation with professional mediators and Arbitration with neutral third parties. Implementing ODR models in e-commerce can benefit businesses and consumers by efficiently resolving disputes, but the appropriate model depends on the dispute's risk and complexity. Collaboration between authorities and stakeholders is crucial for ensuring ODR effectiveness in e-commerce dispute resolution and developing a suitable legal framework in Indonesia.

Applying blockchain to the modern legal system: Kleros as a decentralised dispute resolution system

This paper examines the use of blockchain technology in the legal system through decentralized online dispute resolution mechanisms, with a particular focus on Kleros. While Kleros offers a potentially more accessible, efficient, and fair way of resolving minor disputes, concerns have been raised about the potential bias caused by jurors accumulating cryptocurrencies. It is criticized that Kleros and similar decentralized systems are perceived to be a more accessible, quicker, cheaper, and fairer way to resolve disputes. However, important questions have been raised about the financial interest of jurors and how it may diminish the role of the rule of law and impede its evolution. Despite these concerns, the authors argue that Kleros has the potential to introduce blockchain into the national judicial system. To achieve this, measures such as allowing parties to select jurors with specific qualifications and setting a fee proportional to each juror’s Pinakion (PNK) should be implemented. Furthermore, clear instructions on the use of cryptocurrencies and blockchain in the Kleros system should be provided to promote transparency and understanding for all participants. Overall, this paper contributes to the discussion on the use of blockchain technology in the legal system and highlights the need for careful consideration of its potential impact on the rule of law.

Consumer Satisfaction with the Online Dispute Resolution on a Second-Hand Goods-Trading Platform

With the development of internet-related technology, more and more consumers are trading on second-hand platforms. However, due to the uncertainty of second-hand products, there are a lot of transaction disputes on the platform. It is important to efficiently solve the transaction disputes on the platform. Based on the comment data on social media, this paper systematically studies the public opinion towards the online dispute resolution of Xianyu, China’s largest second-hand goods-trading platform, using word-frequency analysis, theme analysis and sentiment analysis. The study found that online disputes mainly focus on the return and refund issues between buyers and sellers. Crowdsourcing online dispute resolution cannot completely solve all problems, and the platform is still needed to help solve disputes. Consumers are concerned about the convenience of the process operation and the fairness of the results of the crowdsourcing online dispute resolution, as well as the contact channels of customer service. The platform should prevent these situations in advance and avoid disputes from the source. Moreover, the platform should perfect the design of public review system and mechanism, broaden the appeal channels of platform customer service, and improve the platform dispute resolution mechanism. It is of great significance for the development of a second-hand goods-trading platform and the application of an online dispute resolution mechanism to mine the service evaluation and satisfaction factors of consumers on the online dispute resolution mechanism.

Legal validity of Online Dispute Resolution (ODR) System in India and Indonesia

Advancement in technology brought many inevitable changes with more efficiency, making human life easier. Benefit of technology shall be incorporated for effective and efficient justice delivery in dispute resolution mechanism. New development in this area is online arbitration dispute resolutions (ODR) which have been without doubt adopted and practices by justice delivery system across the globe. But the question remains the same as whether justice delivery system is equipped to cope up in the same pace with the changes taking place in the society and technology. Are the existing laws being enough to conduct online system as an effective mechanism to settle disputes among the parties? Keeping in context the preceding query, the present research resorted tracing the laws relevant to the use of ODR mechanism in India and Indonesia, as their present legal framework of arbitration addressing dispute resolution through the ODR mechanism lack specific laws. The present research adopts a mixed method using both primary and secondary data for tracing and comparison the ODR system in India and Indonesia. It is concluded that ODR deliverance are valid and enforceable in the present legal framework of both the countries. Therefore, people must not be doubtful while using ODR mechanism to settle their disputes. It also demonstrates that an ample scope is there in the existing laws of both the countries to accommodate and enhance the overall process and deliverance of ODR mechanism through amendments and separate guidelines.

Online Dispute Resolution as an Alternative Model for Dispute Settlement in The Financial Technology Sector

Financial technology (fintech) is the use of technology in financial services in the digital economy era. Digital payments, peer-to-peer lending, and crowdfunding are examples of fintech that is growing rapidly in Indonesia. However, the high number of disputes in the fintech sector is an indication of the need for a dispute resolution mechanism that is fast, simple, and low-cost. In this regard, online dispute resolution (ODR) is present as an alternative dispute resolution model. ODR has many challenges, such as the existence of a legal vacuum (rechtsvacuum) regarding the ODR mechanism, internet disruption, and the weak protection of personal data in Indonesia.

Impact of Technology on Alternative Dispute Resolution in Nigeria and the Birth and Challenges of Online Dispute Resolution

Technological advancement has impacted every sphere of human endeavours including the dispute resolution space. Dispute is bound to happen between parties in commercial transactions. Traditionally, such dispute was known to be resolved through the adoption of any of the alternative dispute resolution mechanisms which requires parties meeting physically at an agreed location. However, the advent of Covid-19 in Nigeria hampered the operation of physical meeting for dispute resolution, hence, the adoption of Online Dispute Resolution (ODR) mechanism which is a novel development in Nigeria. It is against this background that this paper seeks to examine how technology may have improved Alternative Dispute Resolution, the origin and challenges of the operation of ODR in Nigeria. This research adopted a qualitative research methodology using doctrinal method of research. It places reliance on library resources. The paper found that there is no specific regulation for the operation of ODR in Nigeria which may pose danger for enforcement ODR agreements or its award. More so, high cost, poor or lack of internet services, inadequate ICT knowledge, poor power supply, amongst others are also potential challenges for smooth operation of ODR in Nigeria. The paper concluded that ODR mechanisms seems to be the most effective means for providing access to justice for online consumer and resolution of disputes without the need for physical contact. It was recommended that the Arbitration and Conciliation Act should be amended to recognise electronic signatures and virtual disputes resolution process and treat issues relating to enforcement of online terms of settlement or agreement.

ОНЛАЙН-УРЕГУЛИРОВАНИЕ СПОРОВ УЧАСТНИКОВ ЦИФРОВЫХ ПЛАТФОРМ (ЭКОСИСТЕМ)

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.

About Legal Policy in the Field of Formation and Implementation Online Dispute Resolution Mechanisms in Civil and Administrative Court Proceedings

The article analyzes the legal policy of the countries of the Council of Europe in the field of the formation and subsequent implementation of new mechanisms for online dispute resolution in civil and administrative proceedings. In this regard, the guidelines for the use of such mechanisms (which are set out in the relevant Recommendations of the Committee of Ministers of the Council of Europe) are discussed in detail in the field of access to justice, equality of arms, evidence and evidence, trial and informed decision, as well as the right to review it. ... Attention is focused on the need to ensure the compatibility of such mechanisms with the key principles of a fair trial and effective remedies set out in the case law of the European Court of Human Rights, including the principles of publicity, transparency, directness, oral hearing and equality of persons involved in a case.A separate place is given to the problem of using online dispute resolution mechanisms in Russian civil and administrative proceedings. It is noted that today the domestic legislator, as part of the development of its own legal policy agenda, increasingly integrates innovative digital communication methods into the activities of the subjects of procedural legal relations. In particular, in the near future, along with video conferencing, the legislator will allow courts of general and arbitration jurisdiction to use web conferencing as an authentic technology for organizing online meetings and collaboration in real time via the Internet. All this creates a fertile ground for borrowing the positive world experience of introducing the latest mechanisms for online resolution of civil and administrative cases by the justice authorities, taking into account the inviolability of high standards of a fair trial.

Online Dispute Resolution Mechanism in China: Principle of Proceedings and Impact of Technologies

Online Dispute Resolution Mechanism in China: Principle of Proceedings and Impact of Technologies

THE FUTURE OF E-ARBITRATION IN MALAYSIA: PRELIMINARY ANALYSIS ON THE LEGITIMACY OF E-ARBITRAL AGREEMENT AND PROCEDURES

Using electronic technology in the dispute resolution industry has been encouraged globally. Electronic arbitration (e-arbitration) is one of the main online dispute resolution mechanisms, and it should be implemented in Malaysia because of its significant advantages. Unfortunately, the future of e-arbitration in Malaysia is still hazy. Therefore, it is important to examine whether existing Malaysian laws are sufficient to legalise the e-arbitral agreement and e-arbitral proceedings. This article is based on a research carried out for a doctoral degree. Primary and secondary sources were consulted. The novelty of the contribution has provided legal evidence and arguments that the relevant laws in Malaysia were to some extent, modern and advanced to recognise e-arbitration. However, from a purely legal perspective, several gaps should be appropriately addressed by Malaysian lawmakers in order to ensure the sustainable and successful establishment of e-arbitration in the country.

THE FUTURE OF E-ARBITRATION IN MALAYSIA: PRELIMINARY ANALYSIS ON THE LEGITIMACY OF E-ARBITRAL AGREEMENT AND PROCEDURES

Using electronic technology in the dispute resolution industry has been encouraged globally. Electronic arbitration (e-arbitration) is one of the main online dispute resolution mechanisms, and it should be implemented in Malaysia because of its significant advantages. Unfortunately, the future of e-arbitration in Malaysia is still hazy. Therefore, it is important to examine whether existing Malaysian laws are sufficient to legalise the e-arbitral agreement and e-arbitral proceedings. This article is based on a research carried out for a doctoral degree. Primary and secondary sources were consulted. The novelty of the contribution has provided legal evidence and arguments that the relevant laws in Malaysia were to some extent, modern and advanced to recognise e-arbitration. However, from a purely legal perspective, several gaps should be appropriately addressed by Malaysian lawmakers in order to ensure the sustainable and successful establishment of e-arbitration in the country.

Penegakkan Hukum serta Upaya Penyelesaian Sengketa Online Marketplace melalui Mekanisme Online Dispute Resolution

The purpose of this study is to determine the regulation of online buying and selling transactions in the Marketplace and consumer disputes that occur in the Marketplace as well as efforts to resolve consumer disputes through the Online Dispute Resolution Mechanism. This study uses a normative juridical method with two types of legal materials, namely primary legal materials and secondary legal materials. Content analysis is used as a form of technique in analysis so that it does not require data in the field. Through this research, it can be seen that the regulation of online buying and selling transactions in the Marketplace is similar to direct or conventional transactions. Even though there is already a policy regarding online transactions, it cannot completely avoid consumer disputes. Therefore, online settlement efforts are needed, namely through Online Dispute Resolution (ODR) with the negotiation, mediation, and arbitration methods.

Online Settlement of Cross-Border Disputes: Architecture of the Regulatory Environment for Consumer Disputes (European Union Experience)

The increasing complexity and digitalization of cross-border relations are an unconditional stimulus for the development and popularization of online dispute resolution mechanisms. The paper examines the European Union experience in regulating modern online mechanisms for resolving consumer disputes and attempts to determine the hierarchy of regulatory acts in relation to online resolution (settlement) of cross-border private law disputes. The author analyzes the features of the European approach to regulating the system of online resolution of crossborder disputes in order to determine the possible vector of development of national legislation as a condition necessary for building and ensuring the functioning of an effective system. The paper notes the advantages and disadvantages of the European system of online settlement of cross-border disputes with the participation of consumers. It concludes that it is necessary to resolve the issue of the applicability of the norms of existing treaties, adapt national legislation to the specifics of online dispute resolution, as well as ensure the possibility of considering cross-border disputes with consumer participation in accordance with standardized rules in order to simplify the dispute resolution procedure and build trust in the online system.

E-Commerce During COVID-19 Lockdown 2020: Challenges and Opportunities For Consumer Rights In Uganda

Both the government of Uganda and Jumia Uganda effectively used the Covid-19 pandemic lockdown measures of 2020 to promote e-commerce services. This study adopted a qualitative research methodology. The researcher elicited random responses over a Facebook page regarding consumer experience using Jumia Uganda during the lockdown. The study engaged a population size of about 5,000 persons and a target sample size of 100 participants on Facebook of which 50 persons responded. The study found that 66% of the respondents had a bad experience using the Jumia Uganda platform compared to 34% who had a good experience. Although e-commerce was widely promoted and used, e-commerce service consumers had a bitter-sweet cocktail of experiences. Critical challenges of the business include: poor quality and counterfeit products, delivery challenges, high cost of shipping and pricing of products, cancellation, return, refund, repurchase challenges, and lack of an effective dispute resolution mechanism. The study recommends the improvement of the delivery mechanisms, quality verification, and certification process, and the creation of an online dispute resolution mechanism to boost consumer confidence and interest in e-commerce. Key words: E-commerce/ Covid-19/ Consumer Rights/ Trade/ Online Trade/ Online Dispute Resolution. DOI: 10.7176/JMCR/82-06 Publication date: November 30 th 2021

Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background

Under the background of the rapid development of information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the Internet era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of Internet era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.

Two Paths Leading to the Same End? A Discussion of Development and Regulation of Online Mediation Under the COVID-19 in the People’S Republic of China and the United States

The recent COVID-19 crisis has set the stage for a significant increase in the use of online dispute resolution. Under worldwide country lockdown and/or social distancing orders, behaviors of people have adjusted drastically. Further, the increased use of online mediation to resolve disputes has raised the legal community’s interest across jurisdictions. The purpose of this paper is to examine two different development paths of online mediation post-COVID-19 taken in the People’s Republic of China and the United States, the world’s two largest economies. The first part of the paper provides a background on the development of online mediation in China by examining a few newest judicial and administrative directives mandating state-wide experiment of online dispute resolution mechanisms. Moving on the discussion of the development of online mediation in China, it then focuses on the professional and self-initiated efforts of the dispute resolution community in the United States leading to the further surge in supply and demand of online mediation services. Building on the comparative analysis, the paper unpacks different roles of both public and private stakeholders play towards promoting the wider acceptance of online mediation initiatives in the world, speaking against any pre-fixed preference in dispute resolution for state-led or community-based approaches.

Resolução eletrônica de conflitos em agências reguladoras

Resumo Este artigo tem por objetivo analisar empiricamente as funções jurisdicionais e extrajurisdicionais dos meios eletrônicos de resolução de conflitos (MERC) geridos por agências reguladoras no Brasil. Os MERC adotados por agências reguladoras têm especificidades na medida em que desempenham funções não apenas extrajudiciais, mas também extrajurisdicionais. Para além de resolver conflitos entre agentes econômicos regulados e consumidores, os MERC são também importantes ferramentas para auxiliar nas ações regulatórias, fiscalizatórias e sancionadoras das agências. É analisada também a eficácia dos MERC no desempenho dessas funções a partir da análise de dados abertos da Agência Nacional de Saúde Suplementar (ANS) e da Agência Nacional de Aviação Civil (Anac). Entre os fenômenos analisados estão a evolução nos índices de reclamações contra agentes regulados e as taxas de resolução dos conflitos dos MERC adotados por ambas as agências reguladoras. O artigo revela tendência de crescimento dos índices de reclamações e níveis modestos de resolutividade dos conflitos.

Global Trends of Online Dispute Resolution (ODR) with reference to Online Trade in Pakistan

Online Trading in Pakistan has been rising with every passing day. State level regulation for online trade is inevitable reality. Online trade has systematically entered in Online Dispute Resolution (ODR) System that is the format of Alternate Dispute Resolution System (ADR). Many multi-national vendors such as Amazon and Alibaba are using Online Dispute Resolution mechanism to make the trade efficient and less dependent on conventional remedial systems of Civil Laws and cumbersome procedures of classical courts. Online Trade in Pakistan is a novel idea and is flourishing by every passing day. On the same time, online trade faces issues of dispute resolution. This paper will aim at introducing Online Dispute Resolution (ODR) as a model through case studies of various developed nations and international framework. Moreover, this paper will identify the prospect and limitations of Online Dispute Resolution in Pakistan.