Online Dispute Resolution Platform Research Articles

Research on Foreign-Related Commercial Dispute Settlement Mechanism of the Belt and Road Initiative

This paper examines the current mechanisms and challenges in resolving foreign-related commercial disputes under the Belt and Road Initiative (BRI). It begins with an overview of the existing dispute resolution mechanisms, including the China International Commercial Court (CICC) and the "One-Stop" platform, highlighting their roles and limitations. The study then explores the differences between domestic and international mediation enforcement systems, the obstacles faced by foreign arbitration institutions entering the Chinese market, and the jurisdictional and functional limitations of the CICC. Drawing lessons from the WTO and the Singapore Convention on Mediation, the paper proposes several improvements: establishing a national-level BRI International Commercial Mediation Center, developing a comprehensive online dispute resolution platform, and enhancing the training and integration of foreign-related legal talents. By implementing these recommendations, the BRI dispute resolution mechanism can become more effective, fair, and internationally credible, thus supporting the smooth progression of the BRI.

Feasibility Analysis of the Integration of Guangdong Online Dispute Resolution (ODR) Mechanism and University Talent Resources

In recent years, online dispute resolution mechanisms have penetrated people's lives with the development of the Internet. Online dispute resolution mechanism not only efficiently solves the disputes of various contradictions of the parties, but also greatly alleviate the pressure of the court due to the lack of judicial resources and high cost, at the same time, the online dispute resolution platform is also faced with the dilemma of the lack of high-quality mediation talents. This paper mainly analyses the feasibility of the introduction of local university human resources into the Guangzhou ODR online dispute resolution platform by the local judicial department according to the development and operation status of the ODR online dispute resolution service platform in Guangzhou, Guangdong Province, and provides a feasible reference plan to alleviate the current situation of the lack of talents in China's online dispute resolution platform.

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.

Enhancing Legal Convergence in the GBA through Harmonization of the Digital Dispute Resolution Legal Framework

Abstract This article examines theories of legal convergence and the practice of rule harmonization for online dispute resolution (ODR) in the Greater Bay Area (GBA). The ODR platforms in the GBA employ collaborative mechanisms, institutional alliances, international standards, and multi-jurisdiction remote hearings to promote the convergence of ODR rules. However, to date, the efforts made to promote ODR rule harmonization have not resolved the fundamental issue of a lack of uniform ODR legislation within the GBA. It is posited here that an independent model of legal convergence would be more applicable in the GBA context. The article calls for the GBA Legal Department Joint Conferences to provide general ODR standards and principles, with specific laws and regulations then formulated in the respective jurisdictions. Public and private ODR providers are found to play distinct roles in legal convergence, and specialized procedural rules should be formulated to ensure due process and cybersecurity in remote hearings.

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 analysed 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.

Integration Political and Legal Analysis of Dispute Resolution and Prospects for Digitalization of Justice in the Eurasian Economic Union

The article refers to a system of dispute resolution in the Eurasian Economic Union, tendencies of its reforming and prospects for digitalization as a fundamental feature of regional integration policy improvement. A complex variety of disputes in an integration association is considered: interstate, supranational vertical, supranational horizontal, and cross-border. The appropriate mechanisms for each of them and rationale to enhance integration are discussed. The authors suggest amendments for enhancing the cooperation of the EAEU Court with national courts, as well as evolving other mechanisms (arbitration and mediation). Digitalization of justice is an important element of effective regional policy. Digitization elements, including the Court’s e-cabinets for the parties, electronic signature, digital documents’ circulation, make regional justice accessible, it contributes to peoples’ loyalty for integration decisions. The article proves the necessity to harmonize approaches to online dispute settlement in a transboundary context in the EAEU; the authors draw attention to low-cost cross-border disputes in this context and consider an opportunity of creating online dispute resolution platform driven by the Commission. Improvements in regional system of dispute resolution are proved necessary to sustain integration economic and political processes in Eurasia, to promote transparency, accessibility of justice as an element of regional integration policy.

Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

ЭВОЛЮЦИЯ И ИСТОЧНИКИ ПРАВОВОГО РЕГУЛИРОВАНИЯ ODR В США

Introduction:the article explores the history of formation and development of online dispute resolution (ODR) in the USA. The author analyzes the basic concepts and characteristics of these technologies and gives examples of their use in the practice of private ODR providers and U.S. courts. The main sources of legal regulation of ODR in the USA are the rulings of state courts based on the ‘ODR Standards’ of international organizations, including UNCITRAL, NCTDR, ICODR, etc., as well as scientific works of American scientists and practitioners. Purpose: to provide an insight into the emergence and development of online dispute resolution (ODR) in the practice of private ODR providers and the practice of U.S. courts by analyzing court reports, international acts, and academic sources. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation; special scientific methods such as legal-dogmatic and the method of interpretation of legal norms. Results: the study found that there is currently no legal definition of ODR in the United States; governmental bodies (including courts) and private ODR pro-viders rely on their own vision and understanding of ODR, using non-binding documents from international organiza-tions as well as academic studies developed by U.S. scholars and practitioners. There is also no common doctrinal defi-nition of ODR. Conclusions: 1) The U.S. National Center for State Courts, on its website, defines judicial (court-related) ODR as ‘a public facing digital space in which parties can convene to resolve their dispute or case’. 2) Scholars define judicial ODR as a method of ADR (alternative dispute resolution) aimed at resolving civil disputes using online plat-forms attached to a court rather than face-to-face hearings, mediation, or arbitration. 3) Barriers to the use of ODR in U.S. courts are: a) continuing transition from paper to electronic documents; b) complicated registration on ODR plat-forms; c) lack of ‘intuitive’ options for working with documents on the platform and finalizing the ODR process; d) lack of reference documents. 4) The experience of U.S. state courts in implementing ODR pilot programs as well as non-binding documents of international (UNCITRAL, ICODR) and U.S. ODR standards compliance organizations (NCTDR, ABA) can be used to improve Russian legal acts.

Az európai fogyasztói jogviták alternatív rendezése online vitarendezési platformon keresztül

The last decades have seen a significant increase in online consumer purchases. In order to enable consumers to shop online with greater confidence, there is also a need for consumers to be able to settle their contractual disputes simply, quickly, cost-effectively and online, preferably without going to court. In response to this demand, the European Union has developed an online dispute resolution platform where consumers and traders can settle their disputes over online transactions through an interactive website, using alternative dispute resolution forums. In this paper, I will discuss the historical background and the legislation, analyse statistics and experience at European and national levels, examine whether the platform has achieved its objectives since its launch in February 2016, how its operation has been affected by the pandemic period and whether there are still gaps in the legislation to be filled.

Implementing the E-Family Expert Model through a Legal Framework for Online Dispute Resolution

With the protracted Covid-19 pandemic ravaging the whole world with emergence of new virulent variants, there has been a massive backlash on the family institutions, particularly Muslim families across the world. Some of the effects of the protracted pandemic include domestic violence, increase in the rate of divorce and death of spouses which have triggered some unique nature of family disputes. With the restrictions in movement and physical distancing measures in place, one would wonder whether there could be an alternative means to resolve such budding family-related disputes. To address this issue, this paper examines the potential of the E-family Expert Model earlier designed by the authors in addressing such family-related disputes under the legal framework for online dispute resolution (ODR). The study adopts an analytical approach through qualitative research method to discuss the relevant issues with a view to finding a lasting solution to the dearth of avenues for family dispute resolution. One of the major findings of the study relates to the relevance of the Fourth Industrial Revolution in implementing the E-Family Expert model where the usual boundaries between the physical, digital and biological aspects of life are strategically blurred with the implementation of a family ODR platform. The study concludes that the E-family expert model could help in a great deal in addressing multitude of family-related disputes through an ODR platform while complying with the national legislative framework. This could be a veritable tool for the member states of the Organization of Islamic Cooperation (OIC) in addressing the increasing number of family disputes through a more formalized framework for adoption by its member states.

Developing an Online Consumer Dispute Resolution Platform in the Field of E-Commerce in Vietnam: Lessons from the European Union

Abstract In recent decades, e-commerce has gradually become a thriving industry that generated a huge profit and enhanced the life quality of nations around the world, including Vietnam. Nevertheless, the development of the Vietnamese e-commerce industry has also engendered a handful of consumer disputes that could not be easily resolved through traditional, face-to-face dispute resolution methods. A consumer redress system that addresses e-commerce transactions is essential to the continued success and growth of e-commerce. In this paper, we argue that traditional domestic judicial mechanisms for legal recourse do not adequately satisfy the needs of consumers or vendors and propose an online dispute resolution (ODR) system as a more reasonable, efficient and fair alternative. The ODR system will provide a forum in the same virtual marketplace environment in which consumers purchase their goods or services, allowing broad accessibility, as well as swift and affordable recourse for the parties involved. This paper will more specifically discuss the EU experience in promoting the ODR system for consumer e-commerce disputes, which can serve as a reference for the policy makers in establishing the legal framework for ODR in Vietnam. In addition, this paper also suggests a specific set of guidelines for the essential attributes that must be present in the Vietnamese consumer ODR platform.

A decentralized structure to reduce and resolve construction disputes in a hybrid blockchain network

Disputes routinely arise in construction projects, and they have major cost and schedule impacts. Therefore, they need to be either prevented effectively by proper contract and payment execution or resolved efficiently with enhanced resolution processes regarding cost, duration, effort, and transparency. However, current practices are inadequate for both effectiveness and efficiency since they mainly depend on centralized authority. This paper is designed in two folds; first, a generic blockchain-based online dispute resolution platform is tested with two litigation cases collected in 1999 and 2009 to show the need for a construction-focused system. Then, a new construction-specific framework, Decentralized Construction Enabling Transparent Resolution (DCENTR), is proposed to address the unique nature of construction projects. Ultimately, it is shown that dispute likelihood can be minimized through reliable contract and payment execution, and if occurred, construction disputes can be resolved with higher transparency and dramatic savings in effort, time, and cost.

The evolution of alternative dispute resolution and online dispute resolution in the European Un

The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole.

Online Dispute Resolution Platforms: Cybersecurity Champions in the COVID-19 Era? Time for Arbitral Institutions to Embrace ODRs

The COVID-19 pandemic has led to an increase in the interest in alternative dispute resolution, especially arbitrations conducted online. The greater utilization of online platforms and digitization has coincided with the growing frequency and sophistication of cyber-attacks. Reportedly, by 2021 a business will fall victim to cyber-attacks every 11 seconds. Therefore, it is critical for these platforms to provide secure digital environments where the exchange of communications, storage of evidence and files, and virtual hearings can be conducted remotely and securely. The necessity of providing easily accessible platforms apt to handle complex disputes has brought to light the importance of online dispute resolution (ODR) platforms. Some of these platforms have taken the initiative to encompass robust security measures through which they implement standards consistent with the existing protocol on cybersecurity (2020 Protocol). Such measures may shift the arbitration landscape, in which these platforms may play an important role in institutional and ad hoc arbitration globally.

Онлайн-урегулирование споров в сфере электронной коммерции

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.

Implementing a South African E-Dispute Resolution System For Consumer Disputes

In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.

Power and Persuasion in Online Dispute Resolution

The area of Alternative Dispute Resolution (ADR) is growing worldwide, as it provides parties with an opportunity to avoid the costs, delays and complications often associated with traditional court proceedings. Some forms of ADR involving smaller disputes are now increasingly being carried out on online platforms. In this emergent field of Online Dispute Resolution (ODR), it has been noted that although the theory is essentially the same, in practice the interaction is also influenced by the presence of a theoretical ‘fourth party’, the software tools that structure the ODR process, which bring about small changes in the way the dispute resolution proceedings are conducted, and possibly lead to alterations in the power balance between participants. This paper provides a detailed case study of the way power and persuasion are exercised in one ODR platform, namely the Virtual Mediation Lab. We examine the discursive relationships that are constructed between the mediator and participants, and how this may be influenced by the use of an ODR platform. My conclusions provide a reflection on the issue of power in ODR, discussing ways in which the mediator subtly exercises persuasive influence: the structure of the online platform places greater power in the hands of the mediator, ultimately exerting stronger coercive effects on the participants in ODR processes.

Research on the application of artificial intelligence technology in the field of Justice

With the progress of science and technology, the influence of artificial intelligence has gone deep into the judicial field. At present, the use of artificial intelligence in the court mainly includes information data-based, multi-body litigation service system, online dispute resolution platform, prediction and supervision of the results of entity judgment and other forms. At present, the application of artificial intelligence in the judicial field mainly includes the lack of authenticity and integrity of data, the limitation of its own characteristics by artificial intelligence, and the weak acceptance of judges. China’s courts at all levels are promoting the construction of "intelligent courts", which is an important part of the national network power strategy, as well as the embodiment of E-government in the judicial field. Through artificial intelligence technology, the judicial procedures such as service, signature, evidence, trial, debate, record and judgment in the process of litigation are managed and controlled in a unified way. However, there are many problems to be overcome in the application of artificial intelligence technology in the judicial field. Therefore, it is the foundation of long-term and steady development to find out the problems in time and propose solutions.

‘Under Pressure’: Integrating Online Dispute Resolution Platforms into Preinsolvency Processes and Early Warning Tools to Save Distressed Small Businesses

‘Under Pressure’: Integrating Online Dispute Resolution Platforms into Preinsolvency Processes and Early Warning Tools to Save Distressed Small Businesses

Alternative dispute resolution procedures using information technologies: legal regulation in the European Union and the USA

The article is devoted to the research of legal issues of protection of the violated rights, determination of the effectiveness of the mechanism of ensuring the rights, investigation of alternative ways of protection of rights, analysis of the functioning of ODR platforms and prospects of their functioning. The article notes that with the widespread use of the Internet, legal institutions are changing, especially with regard to dispute resolution. The emergence of e-commerce has led to the emergence of online dispute resolution platforms that are already in use on all continents. The e-commerce market in Ukraine and in the world is gaining momentum, so Ukraine's desire for closer interaction with EU Member States and integration into the common market necessitates a detailed study of the experience of the EU and foreign countries to introduce the most effective and advanced mechanisms for securing the rights of e-commerce participants. The study concludes that it is advisable to use online dispute resolution (ODR) procedures, which are a cross-border alternative dispute resolution, as a fast and versatile way to resolve disputes, as a substitute for the ineffective existing forms of IPR protection. Based on the analysis of the existence of alternative dispute resolution methods, it is established that online dispute resolution due to its specific legal nature is an independent way of resolving disputes.