ALTERNATIVE METHODS TO RESOLVE CONSUMERS DISPUTES

2021 ◽  
Vol 10 (6) ◽  
pp. 42-65
Author(s):  
M.O. DIAKONOVA
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Alternative Methods ◽  
Legal Basis ◽  
Federal Law ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Economic Climate ◽  
Consumer Access ◽  
Dispute Settlement Procedure

The need to develop alternative dispute resolution methods has long been known, but most of all out-of-court dispute resolution is required in consumer relations. The expansion consumer access turn to dispute resolution and filing complaints even for small requirements will help to increase respect for consumer rights and, in general, create a favorable economic climate. The lack of a legal basis for resolving consumer disputes hinders the effective protection of their rights and is not typical of foreign legal systems. In this regard, the draft Federal law “On Amendments to the Law of the Russian Federation ‘On Consumer Rights Protection’ and the Federal Law ‘On Alternative Dispute Settlement Procedure with the Participation of a Mediator (Mediation Procedure)’ in Order to Create a Legal Basis for the Development of Alternative Online Dispute Resolution” has been prepared. The article analyzes this draft law, compares the projected norms with approaches implemented in foreign legislation, and suggests measures to improve the current legislation on the protection of consumer rights by creating an online platform for the settlement of consumer disputes.

scholarly journals The Urgency of Regulating Online Arbitration in Dispute Settlement of E-Commerce Transactions in Indonesia

2021 ◽  
Vol 8 (7) ◽  
pp. 278
Author(s):  
Irene Fransisca Liemanto ◽  
Siti Hamidah ◽  
Reka Dewantara
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Electronic System ◽  
Legal Basis ◽  
Online Dispute Resolution ◽  
System States ◽  
The Government ◽  
Online Arbitration

The purpose of this study is to analyze the urgency of arrangements regarding Online Arbitration in dispute resolution on e-commerce transactions and to analyze the conceptualization of Online Arbitration in dispute resolution on e-commerce transactions. This research uses the statue approach to analyzing and tracing the regulations related to Online Dispute Resolution (ODR) and trade disputes. The legal material analysis technique was carried out by using the descriptive analysis method. ODR must have a clear legal basis. But in reality, in Indonesia until now the ODR does not have a legal basis even though in several laws and regulations it has opened opportunities for ODR to enter and also in article 72 paragraph (2) of the Government Regulation No. 80 of 2019 concerning Trade Through Electronic System states that settlement of disputes through electronic systems can be resolved via ODR. The ODR concept, especially online arbitration, which will be adopted by Indonesia, can be implemented by first reformulating existing regulations, particularly in Law No. 30 of 1999 concerning Arbitration and Other Alternative Dispute Resolution. By reformulating the rules contained in the Law, it can be used as a rule that also underlies the use of ODR in Indonesia. Incorporating the ODR concept into Indonesia is also carried out by making comparisons with other countries that have used it first so that Indonesia has an overview and inspiration in making the concept of ODR in Indonesia.

The feasibility of online dispute resolution in the Islamic banking industry in Malaysia

2018 ◽  
Vol 60 (1) ◽  
pp. 34-54
Author(s):  
Umar A. Oseni ◽  
Abideen Adeyemi Adewale ◽  
Sodiq O. Omoola
Keyword(s):  
Dispute Resolution ◽  
Banking Industry ◽  
Retail Banking ◽  
Behavioural Intention ◽  
Islamic Banking ◽  
Intention To Use ◽  
Legal Basis ◽  
Content Type ◽  
Online Dispute Resolution ◽  
Trust In Technology

Purpose The paper aims to examine the perceptions of three major stakeholders – bankers, lawyers and customers – in the Islamic banking industry in Malaysia to assess their behavioural intention to use the proposed online dispute resolution (ODR) mechanism. Design/methodology/approach The study modifies the unified theory of acceptance and use of technology (UTAUT) within the context of ODR and its feasibility in the Malaysian Islamic banking industry. The model was extended to include trust in technology and trust in bank, which might have significant influences on the intentions of major stakeholders to use ODR for banking-related disputes. Actual use of the ODR was not included in the model as specified in the original UTAUT. Based on an internet survey, responses were obtained from about 109 respondents. The data obtained were subjected to multivariate statistical analyses. Findings Results obtained indicate that trust in technology and effort expectancy are the most influencing determinants of the behavioural intention to use ODR among stakeholders in the Islamic banking industry in Malaysia. However, performance expectancy and social influence did not produce significant effects on behavioural intention. Research limitations/implications Applying ODR in the banking industry in Malaysia will contribute to sustainable banking businesses in major Islamic finance jurisdictions. Being the most advanced region in global Islamic banking business, Asia sets the pace through theoretical and empirical studies in exploring innovative ideals such as ODR to promote sustainable business that not only ensures proper customer relationship management but also promotes consume protection. Practical implications Results obtained suggest that the increasing use of internet banking will make ODR the preferable mechanism for dispute resolution in small-scale disputes in retail banking. This will also require some form of predictability, enforceability and Shari‘ah compliance in the process of dispute resolution for the major stakeholders to have full confidence in the ODR mechanism. The recently introduced Financial Ombudsman Scheme in the Islamic Financial Services Act 2013 of Malaysia is expected to serve as a good legal basis for the ODR mechanism. Originality/value This appears to be one of the earliest attempts to examine the application of ODR in resolving Islamic banking disputes with a detailed analysis on its legal basis and implication.

scholarly journals APPLICATION OF ONLINE DISPUTE RESOLUTION (ODR) IN INTERNATIONAL AND INDONESIA DOMAIN NAMES DISPUTES

2020 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Dheka Ermelia Putri
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
Domain Name ◽  
Domain Names ◽  
Face To Face ◽  
Online Dispute Resolution ◽  
Expert Opinions ◽  
Knowing That ◽  
International Regulations

The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.

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.

scholarly journals Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)

FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 183-194
Author(s):  
Anita Afriana ◽  
Hazar Kusmayanti
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Standard Procedure ◽  
Normative Approach ◽  
Civil Court ◽  
Small Claims ◽  
Speed Up ◽  
Small Claims Court ◽  
Dispute Settlement Procedure ◽  
Religious Courts

One of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days).

scholarly journals EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS

2018 ◽  
Vol 1 (2(14)) ◽  
pp. 180-187
Author(s):  
Nataliia Anatoliivna Mazaraki
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Dispute Settlement ◽  
The State ◽  
Alternative Methods ◽  
Resolution System ◽  
Effective System ◽  
Business Entities ◽  
Dispute Settlement System ◽  
Commercial Disputes

Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. 
The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis.
The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters 
defining. 
At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. 
There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials.
The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions.
The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

Neutrality in 2020: A Reply to 1981 Stulberg

2021 ◽  
pp. 141-144
Author(s):  
Sharon Press ◽  
Bobbi McAdoo
Keyword(s):  
Dispute Resolution ◽  
Significant Contribution ◽  
Dispute Settlement ◽  
Theory And Practice ◽  
Critical Element ◽  
Wide Range ◽  
Definition Of ◽  
Dispute Settlement Procedure ◽  
Common Understanding

Joseph (Josh) Stulberg published The Theory and Practice of Mediation: A Reply to Professor Susskind in 1981. His thesis was direct and simple: a mediator’s commitment to neutrality is the critical element which “permits mediation to be an effective, principled dispute settlement procedure” (p. 86). Stulberg articulated for all of us—then and now—the centrality of neutrality and impartiality to the very definition of mediation. This articulation continues to be a significant contribution to the dispute resolution field; indeed, the Stulberg article deserves to be labeled “foundational.” We question, however, whether the 1981 commitment to neutrality Stulberg articulated is understood by mediator practitioners today in the same way he intended, given the wide range of disputes now subject to mediation. Stulberg wrote in 1981, “[p]aradoxically, while the use of mediation has expanded, a common understanding as to what constitutes mediation has weakened” (p. 85). Ironically, despite Stulberg’s very clear thesis, his article contained the seeds that contribute to confusion in the definition of mediation itself....

scholarly journals In the Procedural Surroundings of Consumer Protection: Online Dispute Resolution, the Adversarial Principle, and Tendencies toward Settlement

2019 ◽  
Vol 13 (2) ◽  
pp. 311-338
Author(s):  
Erik Björling
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Economic Efficiency ◽  
Legal Rights ◽  
Legal Research ◽  
Individual Consumer ◽  
Online Dispute Resolution ◽  
Consumer Rights ◽  
Institutional Landscape ◽  
Pluralistic Perspective

The article builds on a pluralistic perspective on law and the understanding that legal research must take into account the procedural and institutional landscape where legal rights are enforced. In relation to online dispute resolution (ODR), two procedural mechanisms, namely the adversarial principle and the tendency toward settlements, are studied and discussed. The adversarial principle (argued to be integral to most ODR procedures) and tendencies toward settlements (also argued to be integral to most ODR procedures) are considered in relation to the overarching (and possibly contradictory) objectives of protecting individual consumer rights and the interest of increasing economic efficiency within the EU’s internal market.

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