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

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.

2019 ◽  
Vol 17 (1) ◽  
pp. 183-194
Author(s):  
Anna Rogacka-Łukasik

ADR (Alternative Dispute Resolution), as a non-judicial resolution of disputes, is a wide range of mechanisms that aim to put an end to a conflict without the need of conducting a trial before the court. On the other hand, the modern form of ADR is ODR (Online Dispute Resolution) – an online dispute resolution system that is the expression of the newest means of communication and technical innovations in order to help in non-judicial dispute resolving. The goal of this publication is to present the ODR platform and, in particular, to describe the process of filing a complaint by the consumer by means of it.


CES Derecho ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 3-17
Author(s):  
Shamaise Peters

The evolution of Online Dispute Resolution (ODR) as an augmentation from Alternative Dispute Resolution (ADR) may lead to an authentic paradigm shift in the way disputes are handled beyond the traditional court systems. To assess state of the art and convey awareness, this paper explores the regulatory landscape of the European Union (EU) using the United Kingdom and Estonia to illustrate the key advancements and shortcomings of the supranational strategy. It discusses the relationships between ADR capabilities and its productive use in ODR, the ODR deployment and adoption, and the consequences that may arise if dispute resolution technologies leapfrog. The paper also speaks of automation and suggests the need to build integrative models into Artificial Intelligence (AI) - powered ODR platforms. It is apparent that the early challenges in the development of the ADR culture in the EU are still unresolved, affecting the proper integration of ADR principles and ODR technologies. A more effective coupling could be expected to smooth digital trade interactions by increasing access to justice and consumer trust in the redress capacities of the Dispute Resolution System (DRS) as a whole. 


2020 ◽  
Vol 16 (2) ◽  
pp. 165-180
Author(s):  
Zhiqiong June Wang ◽  
Jianfu Chen

AbstractSince 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening ‘the Mechanism for Pluralist Dispute Resolution’. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.


Author(s):  
Naoshi Takasugi

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.


Author(s):  
Ashok Sivaji ◽  
Chuan Ngip Khean ◽  
Anjana Devi N Kuppusamy ◽  
Azlan Deniel ◽  
Mohamed Redzuan Abdullah ◽  
...  

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