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)

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)

https://umass-amherst.zoom.us/j/99162728496

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)

This is part of the Authors Webinar Series celebrating the launch of Online Dispute Resolution—Theory and Practice: A Treatise on Technology and Dispute Resolution 2^nd edition

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!

Book Launch Panel Discussion: Sept 22 @ noon EDST
https://umass-amherst.zoom.us/j/97499531967

Editors Panel Discussion
Ethan Katsh, Dir., NCTDR & co-author, Digital Justice: Technology and the Internet of Disputes (2017, OUP)
Daniel Rainey, Fellow, NCTDR & Principal, Holistic Solutions, Inc.
Mohamed Abdel Wahab, Fellow, NCTDR & Assistant Professor, Faculty of Law at Cairo University, Egypt & Founding Partner of Zulficar & Partners

Chapter Authors Webinar Series
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
Announcements to follow with access links

Rainey, D., Katsh, E., and Wahab, M. (eds.), Online Dispute Resolution: Theory and Practice, Second Edition.  The Hague: Eleven International Publishing, 2021.

Table of Contents

Foreword (Richard Susskind)

Chapter 1 Online Dispute Resolution (ODR): A Look at History (Ethan Katsh)

Chapter 2 Ethical Principles and Standards for Online Dispute Resolution (Leah Wing and Daniel Rainey)

Chapter 3 Lessons from Online Dispute Resolution for Dispute System (Orna Rabinovich-Einy and Ethan Katsh)

Chapter 4 The Human Touch in ODR: Trust, Empathy, and Social Intuition in Online Negotiation and Mediation (Noam Ebner)

Chapter 5 ODR and the Justice System (Larry W. Bridgesmith)

Chapter 6 ODR Accessibility for Persons with Disabilities: We Must Do Better (David Allen Larson)

Chapter 7 Online Dispute Resolution Data Security (Chris Draper)

Chapter 8 ODR and Cultural Components of Dispute Engagement (Daniel Rainey and Alma Abdul-Hadi Jadallah)

Chapter 9 ODR for E-Commerce: Legal Standards and Developments in Asia and Europe (Pablo Cortés, Aura Esther Vilalta and Chittu Nagarajan)

Chapter 10 Online Dispute Resolution in US Courts Looking Back and Going Forward (Paul Embley and Lise Embley)

Chapter 11 ODR and Social Justice: Technology Not Tricknology (Benjamin G. Davis)

Chapter 12 Online Dispute Resolution and Ombudsmanship, Observations on the Use of ODR by Ombudsman Practitioners (Dr. Frank Fowlie, Dr. Clare Fowler and Herb Waye and MALT)

Chapter 13 The Wake-Up to the Virtual Space in Arbitration (Mirèze Philippe and Mohamed Abdel Wahab)

Chapter 14 ODR and Negotiation (Michael Wolf)

Chapter 15 ODR and Mediation (Noam Ebner and Daniel Rainey)

Chapter 16 ODR and Peacetech (Colin Rule)

Chapter 17 Artificial Intelligence and the Future of Dispute Resolution – The Age of AI-DR (Orna Rabinovich-Einy and Ethan Katsh)

Chapter 18 Application of the General Data Protection Regulation and Cybersecurity Requirements to Digital Dispute Resolution (Kathleen Paisley)

Chapter 19 Smart Contracts and Blockchain (Brandon Malone)

Chapter 20 ODR in Canada (Karim Benyekhlef and Nicolas Vermeys)

Chapter 21 ODR and Innovation in the United States (Amy J. Schmitz and Janet Martinez)

Chapter 22 Mediation and ODR in Latin America and Argentina (Alberto Elisavetsky and María Victoria Marun)

Chapter 23 ODR in Europe (Marta Poblet and Graham Ross)

Chapter 24 Online Dispute Resolution and Africa (Ayodele Musibau Kusamotu)

Chapter 25 Online Dispute Resolution in China: Today and Future (Anyu Lee)