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 Possibilities for Modernization of Conciliation Board Procedures in the Countries of Central and Eastern Europe - Online Dispute Resolution and Electronic Communication

2021 ◽  
Vol 4 (1) ◽  
pp. 18
Author(s):  
Balázs Hohmann
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Electronic Communication ◽  
Efficient Operation ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Innovation Fund ◽  
Innovation And Technology ◽  
Protection Legislation ◽  
Legislative Reforms

Conciliation bodies are the main European forums for alternative dispute resolution for consumer disputes, providing an institutionalized opportunity to remedy consumer infringement cases quickly, cheaply and efficiently. The institution has excellent dispute resolution efficiency not only in Hungary, but also at the international level, which greatly contributes to the enforcement of the consumer protection legislation of the countries concerned. The scientific examination of the work of the bodies and the legislation related to them, the number of domestic and international scientific works resulting from them are modest, while the efficient operation of the bodies depends not only on practical and legal factors, but also on the theoretical basis. Although legislative reforms in this area have led to a number of innovations and modernizations, they have left untouched a number of theoretical and practical issues that also pose significant problems in law enforcement, such as the satisfactory settlement of cross-border disputes, electronic communication and even communication, that it is possible to involve artificial intelligence, other software solutions in decision-making or online dispute resolution within the framework of the procedure. Applied research on the operation of conciliation bodies covered bodies and bodies in Hungary, Romania and Slovakia. Due to the large number of consumer legal relations, the significance of these research results in the national economy cannot be considered negligible either. The research supported by the ÚNKP-20-3 New National Excellence Program of the Ministry for Innovation and Technology from the source of the National Research, Development and Innovation Fund.

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 B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)

10.28945/2596 ◽  
2003 ◽  
Author(s):  
Ong Chin Eang
Keyword(s):  
Dispute Resolution ◽  
Country Of Origin ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Concerns ◽  
The Cross

The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.

scholarly journals Online Settlement of Cross-Border Disputes: Architecture of the Regulatory Environment for Consumer Disputes (European Union Experience)

2021 ◽  
Vol 16 (10) ◽  
pp. 163-173
Author(s):  
D. S. Donskaya
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Unconditional Stimulus ◽  
Consumer Participation ◽  
The European Union ◽  
National Legislation ◽  
Online Dispute Resolution ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
Union Experience

The increasing complexity and digitalization of cross-border relations are an unconditional stimulus for the development and popularization of online dispute resolution mechanisms. The paper examines the European Union experience in regulating modern online mechanisms for resolving consumer disputes and attempts to determine the hierarchy of regulatory acts in relation to online resolution (settlement) of cross-border private law disputes. The author analyzes the features of the European approach to regulating the system of online resolution of crossborder disputes in order to determine the possible vector of development of national legislation as a condition necessary for building and ensuring the functioning of an effective system. The paper notes the advantages and disadvantages of the European system of online settlement of cross-border disputes with the participation of consumers. It concludes that it is necessary to resolve the issue of the applicability of the norms of existing treaties, adapt national legislation to the specifics of online dispute resolution, as well as ensure the possibility of considering cross-border disputes with consumer participation in accordance with standardized rules in order to simplify the dispute resolution procedure and build trust in the online system.

Consumer “Access to Justice” in EU in Low-Value Cross-Border Disputes and the Role of Online Dispute Resolution

2017 ◽  
pp. 191-208
Author(s):  
Inmaculada Barral-Viñals
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Consumer Contract ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Access ◽  
The Eu

This paper examines consumer access to justice in the EU by analysing how Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) can improve this access, especially in the case of low-value cross-border disputes, which constitute the majority of consumer contract complaints. The discussion is based on a widened concept of open justice that not only seeks to provide greater transparency, but also greater participation and collaboration as a means to improve consumer access to justice. The approach deals with the subjective and objective obstacles to accessing justice and the role of participatory justice. Finally, the paper examines the decisions taken by the EU in its attempt to foster both ADRs and ODRs for consumer disputes and determines which obstacles have been eliminated in promoting access to justice.

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