Online Dispute Resolution: Mechanism, Modus Operandi and Role of Government

2015 ◽  
Author(s):  
Sankalp Jain
Keyword(s):  
Dispute Resolution ◽  
Modus Operandi ◽  
Role Of Government ◽  
Online Dispute Resolution ◽  
Dispute Resolution Mechanism

scholarly journals LEGAL ASPECT OF ONLINE ARBITRATION IN EUROPEAN UNION AND CHINA

Law Review ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 222
Author(s):  
Manja Indah Sari
Keyword(s):  
European Union ◽  
East Asia ◽  
Dispute Resolution ◽  
Legal Aspect ◽  
South East Asia ◽  
Role Of Government ◽  
Factors Affecting ◽  
Dispute Resolution Mechanism ◽  
Online Arbitration

<p>Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources.</p><p>            This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.</p>

scholarly journals Qualitative Analysis of Consumer Redressal Practices in Indian Regulated Sectors

2020 ◽  
Vol 9 (4) ◽  
pp. 361-370
Keyword(s):  
Decision Making ◽  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Consumer Complaint ◽  
Regulatory Data ◽  
Dispute Resolution Mechanism ◽  
Telecom Sector ◽  
Resolution Structure

This paper aims to study and analyseconsumer complaint resolution mechanisms and ombudsman frameworks in three Indian regulated sectors and tries to compare it with that of telecom sector. Here an analysis of regulatory data is carried out. The paper is both theoretical and analytical in nature.This research sheds light on complaint resolution frameworks in Indian regulated sectors such as “Banking, Insurance, Electricity and telecom. Role of Ombudsman and alternates dispute resolution mechanism in the sector is also studied. It is necessary for Ombudsman to perform its duties and responsibilities for overall growth of the sector.Visible, sharp complaint resolution structure and noticeable, orderly decision making entity are truly necessary component of complaint solving mechanism. This Paper also analyses statistics, facts of complaint resolution rates etc. Consumer complaint solving framework is a regulatory vehicle for discarding of grievances. This research is indicator of eight principles of effective consumer resolution mechanism.

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.

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.

The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects: The Role of International Arbitration

1996 ◽  
Vol 5 (1) ◽  
pp. 19-72 ◽  
Author(s):  
Emily Sidorsky
Keyword(s):  
Dispute Resolution ◽  
Cultural Property ◽  
International Arbitration ◽  
Cultural Objects ◽  
Depth Analysis ◽  
Dispute Resolution Mechanism

SummaryGreat efforts have been made by representatives of a multitude of countries to rectify the situation currently confronting parties, whether they be private individuals or states, that seek the return of stolen or illegally exported cultural objects. The organization UNIDROIT has been at the forefront of that effort. In June of 1995, representatives of over seventy states met in Rome and adopted the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. The UNIDROIT Convention will enter into force as it is ratified by individual states.The UNIDROIT Convention provides a claimant of a Contracting State with the option of using arbitration to settle its dispute. Until now, there has been little discussion of the advantages that international arbitration can bring to this domain. This article focuses on the benefits of international arbitration in facilitating the resolution of cultural property disputes. It presents an in-depth analysis of the text of the UNIDROIT Convention in the context of existing regulations in this area. It then examines three different approaches to international arbitration. These models serve to highlight the particular characteristics of this dispute resolution mechanism that make it ideally suited to cultural property disputes.

scholarly journals Global Trends of Online Dispute Resolution (ODR) with reference to Online Trade in Pakistan

2019 ◽  
Vol 4 (2) ◽  
pp. 303-311
Author(s):  
Muhammed Danyal Khan ◽  
Serkan Kaya ◽  
Rao Imran Habib
Keyword(s):  
Dispute Resolution ◽  
State Level ◽  
Global Trends ◽  
Online Dispute Resolution ◽  
Resolution System ◽  
Online Trading ◽  
Dispute Resolution Mechanism ◽  
Civil Laws ◽  
Alternate Dispute Resolution ◽  
Developed Nations

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.

scholarly journals Alternative Dispute Resolution and Collective Conciliation in Nigeria: A Review of Contemporary Literature

2017 ◽  
Vol 12 (8) ◽  
pp. 261
Author(s):  
Ige Adejoke Yemisi
Keyword(s):  
Dispute Resolution ◽  
Trade Union ◽  
Trade Unions ◽  
Alternative Dispute Resolution ◽  
Contemporary Literature ◽  
Employment Relations ◽  
Roles And Responsibilities ◽  
Contextual Understanding ◽  
Dispute Resolution Mechanism

The aim of this paper is to present detailed contextual understanding of employment relations, alternative dispute resolution (ADR) and collective conciliation in Nigeria. This contextual understanding is important in order to comprehend the specific evolution of ADR and collective conciliation in Nigeria, the particular configuration of employment relations institutions and the role of different stakeholders such as trade unions and employers’ associations. The outcomes of this study, affirms the significance of the roles and responsibilities of the actors (employer, trade union, state and conciliator) and highlights the procedures inherent in the dispute resolution mechanism hence, revealing how the weakness of state machinery tends to frustrate the process of conciliation in practice. Additionally, this study offers a reflection of what previous studies have presented, concerning the perceptions of users about the outcomes of collective conciliation within the Nigerian context.

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