The Amelioration of Online Dispute Resolution (ODR) for Business-to-consumer Electronic Commerce: from Consumer Protection Perspective

Author(s):  
Zehua Tian
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.


2008 ◽  
Vol 44 (4) ◽  
pp. 1000-1015 ◽  
Author(s):  
Dan J. Kim ◽  
Charles Steinfield ◽  
Ying-Ju Lai

Author(s):  
Dan J. Kim

Despite the importance of trust in electronic commerce including mobile commerce, there is insufficient theory and model concerning the determinants of consumer trust in business-to-consumer electronic commerce. Thus, the purpose of this chapter is to: i) identify the major antecedents of a consumer’s trust in electronic commerce and mobile commerce contexts through a large-scale literature review, ii) develop an integrative trust antecedent reference model summarizing the antecedents of consumer trust, and iii) finally discuss six categories of mobile applications as future trends of technologies and key issues related to consumer trust area in electronic commerce. In addition, to provide the validity of the proposed reference model, this chapter also proposes a research model derived from the reference model and discusses the constructs of the proposed model in detail. The chapter concludes that building trust is not simply an issue related to consumer-technology-buyer, but it is a complex issue that involves the interactions of key elements (buyer, seller, third-party, technology, and market environment) at least.


2013 ◽  
Vol 62 (2) ◽  
pp. 407-440 ◽  
Author(s):  
Pablo Cortés ◽  
Fernando Esteban de la Rosa

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.


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.


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