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)

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.