Consumer Protection in Electronic Commerce and Online Dispute Resolution Through Mediation

2020 ◽  
pp. 177-190
Author(s):  
Ashok R. Patil
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Online Dispute Resolution

scholarly journals The Regulation of Online Dispute Resolution: Effectiveness of Online Consumer Protection Guidelines

2013 ◽  
Vol 17 (2) ◽  
pp. 251 ◽  
Author(s):  
Kananke Chinthaka Liyanage
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Online Dispute Resolution ◽  
Consumer Electronic ◽  
Business To Consumer ◽  
Online Consumer ◽  
Dispute Resolution Mechanism ◽  
Regulatory Models ◽  
Made In

Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Consumer Protection in the Context of Electronic Commerce developed by the Organisation for Economic Co-operation and Development in 1999 and the Australian Guidelines for Electronic Commerce in 2006. In addition, the viability of the regulatory approaches of these instruments is explored in the context of online consumer arbitration used for the resolution of cross-border business-to-consumer electronic commerce disputes. In the course of the discussion, some insights on further improvements to these guidelines are also provided.

scholarly journals BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES

2013 ◽  
Vol 62 (2) ◽  
pp. 407-440 ◽  
Author(s):  
Pablo Cortés ◽  
Fernando Esteban de la Rosa
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Protection Policy ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
European Approach ◽  
Domestic Courts

AbstractThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.

scholarly journals PRINSIP KEMANFAATAN PENYELESAIAN SENGKETA ELEKTRONIK SEBAGAI ALTERNATIF PENYELESAIAN SENGKETA TRANSAKSI PERDAGANGAN ELEKTRONIK

2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Low Cost ◽  
Legal Research ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Dispute Resolution System

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.

E-Commerce and Dispute Resolution

2011 ◽  
pp. 239-254 ◽  
Author(s):  
Naoshi Takasugi
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Global Level ◽  
Applicable Law ◽  
Resolution System ◽  
Business Entities ◽  
International Transactions ◽  
Dispute Resolution System ◽  
New System

When a dispute arises from e-commerce involving parties located in different nations, the parties immediately face conflict-of-laws issues such as judicial jurisdiction, applicable law and extra-territorial effects of judgments. Taking into consideration that there is no unified conflicts law rules in the global level and, if any, the conflicts rules are usually based on the traditional international transactions, this paper tries to discuss the dispute resolution systems suitable for e-commerce, especially for computer information transactions. As the result of the discussion, it becomes clear that further enhancement of worldwide dispute resolution system suitable for e-commerce is desirable. In establishing a new system, the 1999 Guidelines for Consumer Protection in the Context of Electronic Commerce approved by OECD gives us much inspiration. It is essential to balance between small-middle sized business entities and consumers and between freedom and regulation.

scholarly journals ONLINE REGULATION OF DISPUTES IN ELECTRONIC COMMERCE

2020 ◽  
Vol 6 ◽  
pp. 14-17
Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  
Keyword(s):  
Electronic Commerce ◽  
Detailed Analysis ◽  
Dispute Resolution ◽  
Conflicts Of Interest ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Norms ◽  
Online Dispute Resolution ◽  
The Subject ◽  
Online Regulation

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.

scholarly journals Legal Protection on E-Commerce Transactions: Problems and Challenges in Global Business

2021 ◽  
Vol 1 (2) ◽  
pp. 101-112
Author(s):  
Vira Aprillia Santoso
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Regional Differences ◽  
Legal Protection ◽  
Global Business ◽  
Language Differences ◽  
Consumer Protection Act ◽  
The Many

Electronic commerce or so-called E-Commerce is a borderless market that can transcend all borders, such as time differences, language differences, currency differences and regulatory differences. E-Commerce is very popular with today's society because of the many conveniences that exist in it, because many users of the problem also increasingly colorful, the country is already set through the Consumer Protection Act. Unlimited E-Commerce transactions that transcend regional differences in the event of a dispute are often resolved through Alternative Dispute Resolution (ADR) in which there are various forms such as negotiation, mediation, conciliation, consultation, expert judgment and arbitration. ADR is a non litigation path because if solved by a litigation path it will definitely take longer.

scholarly journals The Arrangements of Online Dispute Resolution as an Alternative Resolution of the Electronic Commerce Transactions in Indonesia

2020 ◽  
Vol 2020 (27) ◽  
pp. 76-82
Author(s):  
Rahmadi Indra Tektona ◽  
Ayudya Rizqi Rachmawati
Keyword(s):  
Electronic Commerce ◽  
Dispute Resolution ◽  
Information And Communication Technology ◽  
Communication Technology ◽  
Alternative Dispute Resolution ◽  
Legal Protection ◽  
Comparative Approach ◽  
Online Dispute Resolution ◽  
Information And Communication ◽  
Conventional Alternative

The article is motivated by the practical preference from conventional alternative dispute resolution to online dispute resolution as information and communication technology progresses, especially in electronic commerce. It aims to provide a concept about the fore on regulations of online dispute resolution as an alternative dispute resolution applicable to electronic commerce in Indonesia. This normative legal research which uses statute and comparative approach provides an explanation on the importance of regulating online dispute resolution so as to give legal certainty and legal protection to consumers of electronic commerce.

Sign in / Sign up

Export Citation Format

Share Document