The Republic of India became the first national government to issue a whole-of-government comprehensive policy on online dispute resolution. ODR Principles (National Center for Technology and Dispute Resolution) and ODR Standards (International Council for Online Dispute Resolution) are referenced and incorporated.
On November 25, 2021, Hangzhou Internet Court officially launched the country’s first cross-border trade judicial dispute resolution platform. The platform concentrates on accepting disputes such as cross-border digital trade and Internet intellectual property rights under the jurisdiction of the Hangzhou Internet Court. Through a set of diversified and three-dimensional dispute resolution channels and systems, it connects mediation and arbitration, etc., as recognized by APEC’s 21 member economies. “Asia-Pacific Economic Cooperation Cross-border E-commerce (B2B) Online Dispute Resolution Cooperation Framework” and “Model Procedure Rules” to achieve online “one-stop” resolution of various disputes such as mediation, arbitration, notarization, and litigation, and help strengthen cross-border The establishment of a judicial coordination mechanism serves to ensure the healthy development of the digital economy, contributes “Hangzhou Wisdom” and exports “Chinese experience” to global Internet governance. [Translation assistance by Google Translate and Michael Fang.] https://mp.weixin.qq.com/s/crvdccLsqZGwz4jAfOpi6w
China’s first judicial ODR platform is a further step forward after the launch of the first online arbitration platform. In February, 2021, the Guangzhou Arbitration Commission launched a cross-border ODR platform for MSMEs in the APEC member economies. http://en.moj.gov.cn/2021-02/04/c_587662.htm
(h/t Michael Fang)
New UNCTAD Research Paper (No. 72):
“As e-commerce expansion surges, consumer trust remains fragile. This mismatch, greatly fuelled by the COVID-19 pandemic, reveals disparities between the rapid pace with which consumer activities are being migrated online and inadequate consumer protection.
Dispute resolution mechanism has been proposed by consumer experts as an essential tool that helps to foster trust. The notion of trust is unpacked to theorize why it matters in business transaction, and how a third-party can serve as an institutional mechanism to help transacting parties overcome distrust and settle dispute.
To examine how the theories work in practice, selected studies are reviewed to determine whether the presence of consumer dispute resolution promotes trust and whether its absence leads to business costs. This includes in-house business online dispute resolution such as customer support and third-party e-payment systems. The findings confirm that effective online dispute resolution processes can increase trust along with consumer loyalty and repurchasing intentions, as well as prevent customer churn and dissatisfaction.
The trust-enabling benefits of online dispute resolution are yet to be fully realized, especially for cross-border business-to-consumer e-commerce. Wider awareness and implementation are needed, but these global challenges require timely collaborations by the international community.”
More:
Consumer trust in the digital economy: The case for online dispute resolution | UNCTAD
(h/t Ying)
Maarten van Buuren on the Leiden Law Blog:
“Such an ODR tool might also be very useful in ‘closed’ situations such as large bankruptcies: through the use of blockchain technology, the receivers in the bankruptcy might come up with a relatively simple solution and use ODR to resolve straightforward disputes with customers through an online arbitration process. Many disputes could be dealt with this way in a relatively short period of time, which could also be useful in easing emotions. Enforcement could be guaranteed through an escrow account of the receivers or a third-party guarantee, such as the ‘Stichting Garantiefonds Reisgelden’ in the Netherlands which guarantees certain elements of purchased travel arrangements. As the outcome of disputes can be shown on the Blockchain, that as such could create ‘jurisprudence’ which might limit upcoming proceedings and could be helpful in future settlements.”
Read more:
Could online dispute resolution help in the Thomas Cook bankruptcy? – Leiden Law Blog
(h/t Mike Dennis)
The National University of Tres de Febrero Argentina (UNTREF), for its University Degree in Conflict Resolution and Mediation face-to-face and distance modalities, is pleased to announce that, with the approval of the Ministry of Education, the subject “Online Conflict Resolution” has been included in the study plan with a four-month workload of 64 hours lecture.
The dictation of the same has been carried out the two semesters of the current year and Alberto Elisavetsky have had the honor of being the tenured professor.
At the end of the course, we asked the students for a video on the positive and negative of the assigned task, to articulate the resolution of conflicts with new technologies.
We share with you one of them that I consider synthesizes the learning experience
Thanks to all the presenters, participants, and sponsors of our 23rd annual Cyberweek, the longest-running and largest online conference focused on Online Dispute Resolution. Videos of the rich mix of panel presentations, tech demos, and engaged discussions about the impact of COVID on tech usage, the growth of ODR in new sectors, and implications for the future are archived on the program agenda.
Yes, it’s that time of year again — Cyberweek 2021! This year will be our 23rd annual Cyberweek, the largest online conference focused on Online Dispute Resolution.
The conference will run from October 31 until November 5, and we’ve pulled together an exciting line up of speakers filled with the top presenters from around the globe. Come join conversations on cutting edge topics in ODR with practitioners and scholars, including a panel each day with authors from the newly released treatise Online Dispute Resolution–Theory and Practice (2nd edition).
The homepage for the week is at http://odr.info/cyberweek2021 — and the latest agenda (which we will be constantly updating) is always available here and by clicking on the banner below:
All of the links to join the sessions are embedded in the agenda, and as sessions complete and we upload the video we’ll put the links to watch the recordings into the agenda as well.
Thank you to Cyberweek 2021 Supporters! (Click for the full list)
We will also be posting resources throughout the week — let us know (crule@odr.com) if you have any suggestions or resources you’d like us to share.
We hope to see you online!
Hosted by the National Center for Technology and Dispute Resolution (NCTDR)
Presentations
Artificial Intelligence & the Future of Dispute Resolution: The Age of AI-DR (Orna Rabinovich-Einy and Ethan Katsh)
Application of the General Data Protection Regulation and Cybersecurity Requirements to Digital Dispute Resolution (Kathleen Paisley)
Online Dispute Resolution Data Security (Chris Draper)
Smart Contracts and Blockchain (Brandon Malone)
ODR & AI Oct 13 @ noon EDST
ODR Impact on Practice Areas Nov 1 @ 10am EDST
Ethics, Culture & Equity in ODR Nov 2 @ 10am EDST
ODR, Courts & Justice Systems Nov 3 @ 10am EDST
State of Play of ODR Globally Part I Nov 4 @ 8am EDST
State of Play of ODR Globally Part II Nov 5 @ 2pm EDST
The report from our Asia-Pacific Economic Cooperation (APEC) Public-Private Dialogue on consumer protection ODR has now been officially published on the APEC website — from the description:
“This report presents the outcomes of a virtual public-private dialogue (PPD) held on 26-28 April 2021 attended by speakers and participants from APEC and non-APEC economies. The goal of the PPD was to raise awareness about the value of online dispute resolution; to highlight the benefits it provides to both consumers and micro, small and medium Enterprises (MSMEs); to encourage APEC economies to consider and promote foundational consumer protections afforded by online dispute resolution (ODR) systems, whether established by the private or public sector; and to consider the challenges and promises of emerging technologies, including artificial intelligence, as they pertain to ODR.
The PPD also contributed to the development of a best practices on ODR document for consideration by the APEC members.”
Click here for the report – Click here for the best practices – Click here for more information
Thanks to all the NCTDR Fellows who contributed to the effort!