Dispute Resolution Mechanisms in Electronic Commerce(Special Reference to Online Dispute Resolution Mechanism)

2005 ◽  
Author(s):  
Hashim Uzair Hashim
2013 ◽  
Vol 17 (2) ◽  
pp. 251 ◽  
Author(s):  
Kananke Chinthaka Liyanage

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.


2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti

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.


Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  

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.


2019 ◽  
Vol 7 (2) ◽  
pp. 36-40
Author(s):  
Екатерина Слепченко ◽  
Ekaterina Slepchenko

Electronic commerce is a relatively new area of the economy in our country, and therefore it is of great interest for jurisprudence. To carry out productive online trading, it is necessary to take into account the main problems of the online market, such as the lack of legal regulation of e-commerce, the vulnerability of online shoppers, the lack of a dispute resolution mechanism in the pretrial order, an increase in cross-border transactions, etc. prospects for the development of e-commerce in Russia.


2019 ◽  
Vol 4 (2) ◽  
pp. 303-311
Author(s):  
Muhammed Danyal Khan ◽  
Serkan Kaya ◽  
Rao Imran Habib

Online Trading in Pakistan has been rising with every passing day. State level regulation for online trade is inevitable reality. Online trade has systematically entered in Online Dispute Resolution (ODR) System that is the format of Alternate Dispute Resolution System (ADR). Many multi-national vendors such as Amazon and Alibaba are using Online Dispute Resolution mechanism to make the trade efficient and less dependent on conventional remedial systems of Civil Laws and cumbersome procedures of classical courts. Online Trade in Pakistan is a novel idea and is flourishing by every passing day. On the same time, online trade faces issues of dispute resolution. This paper will aim at introducing Online Dispute Resolution (ODR) as a model through case studies of various developed nations and international framework. Moreover, this paper will identify the prospect and limitations of Online Dispute Resolution in Pakistan.


2020 ◽  
Vol 2020 (27) ◽  
pp. 76-82
Author(s):  
Rahmadi Indra Tektona ◽  
Ayudya Rizqi Rachmawati

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.


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