Features of Online Settlement of Consumer Disputes by e-commerce Platforms in the People’s Republic of China

Objective: to research the features of online dispute settlement by e-commerce platforms in the People’s Republic of China, to reveal positive features and drawbacks of ODS technologies applied by the platforms.Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods were used: legal-dogmatic and the method of legal norms interpretation.Results: it was found that the internal ODS model on e-commerce Taobao ODS platforms is a direct, clear and effective means of online resolution of consumer disputes. However, being a non-independent “third party”, the internal ODS mechanism of e-commerce platforms will never be able to substitute other external systems of dispute resolution. ODS relies on the data and Internet processes much stronger than traditional dispute resolution. Among the many safety factors emerging as a result of online processes, ODS creates the risk of data leakage, lack of confidentiality and unsafe consumer protection. ODS also causes concerns due to traditional principles of justice such as objectivity, confidentiality and safety of data in the process of dispute settlement. Not only the People’s Republic of China but any country introducing the ODS technologies into the procedures of dispute resolution should take serious measures to ensure the ODS processes are just, unbiased and guarantee observance of procedural rights. Scientific novelty: consists in a complex research of online dispute settlement by e-commerce platforms in the People’s Republic of China, the practice of implementation thereof has its specific features stemming from the model of self-regulation of thee relations, further stipulated by normative legal acts of the People’s Republic of China and reflected in the activity of private ODS platforms.Practical significance: is due to the current absence of possibility to apply the legal norms and rules, taking into account the specific features of ODS technologies on private platforms, to the relations using such technologies. The main provisions and conclusions of the research can be used to improve the mechanisms of legal regulation of ODS technologies in the procedural legislation of the Russian Federation

ONLINE DISPUTE RESOLUTION (ODR) DALAM SENGKETA INVESTASI PASAR MODAL SYARIAH DI INDONESIA

Transaksi pasar modal syariah di Indonesia termasuk menjadi kegiatan ekonomi yang berkembang pada beberapa tahun terakhir. Meningkatnya transaksi pasar modal syariah  menjadikan potensi sengketa antara investor dan pihak pasar modal menjadi tinggi. Oleh karena itu dibutuhkan penyelesaian sengketa yang efektif, efisien, tidak menyita banyak waktu, dan fleksibel bagi para pihak. Pengadilan agama sebagai penyelesaian sengketa jalur litigasi dianggap kurang efektif karena waktu penyelesaian kasus yang lama dan masa tunggu yang lama. Arbitrase dan alternatif penyelesaian sengketa yang lain menjadi jalan keluar mengatasi pengadilan agama yang kurang efektif dan efisien. Dengan munculnya pandemi COVID-19 di Indonesia mengakibatkan arbitrase dan alternatif penyelesaian sengketa di luar pengadilan berisiko tinggi dalam menularkan virus tersebut. Oleh karena itu Online Dispute Resolution menjadi solusi bagi penyelesaian sengketa di luar pengadilan yang perlu diteliti aturan hukum, kelebihan, dan kekurangannya dalam menangani sengketa pasar modal syariah di Indonesia. Kata kunci: Online Dispute Resolution (ODR); Sengketa Pasar Modal; Syariah;

The Future of Cybercrime: AI and Emerging Technologies Are Creating a Cybercrime Tsunami

This paper reviews the impact of AI and emerging technologies on the future of cybercrime and the necessary strategies to combat it effectively. Society faces a pressing challenge as cybercrime proliferates through AI and emerging technologies. At the same time, law enforcement and regulators struggle to keep it up. Our primary challenge is raising awareness as cybercrime operates within a distinct criminal ecosystem. We explore the hijacking of emerging technologies by criminals (CrimeTech) and their use in illicit activities, along with the tools and processes (InfoSec) to protect against future cybercrime. We also explore the role of AI and emerging technologies (DeepTech) in supporting law enforcement, regulation, and legal services (LawTech)

Global Dispute Resolution Conference: Reflections, Trends, and Continued Development

The Global Dispute Resolution Conference brought together scholars, students, attorneys, and professionals from across the country. Co-hosted by Pepperdine’s Straus Institute for Dispute Resolution and Prince Mohammad Bin Fahd University, the event drew perspectives from a wide range of cultures, areas of ADR, and career experiences. Grouped into two full days with distinct focuses, the conference covered topics from commercial ADR to the significance of history, culture, and faith. To open the discussion, Professor Muamar Salameh of PMU spoke to the audience on the importance of accepting the global differences in legal systems within international dispute resolution. His remarks were followed by Pepperdine’s President Jim Gash, who highlighted the need for compassion and actively willing the good of the other for the other as global parties work together to find common ground. This paper provides highlights of the major dispute resolution topics and trends addressed throughout the conference, as well as key takeaways for the continuous development of the field

INTERNATIONAL ARBITRATION SPECTRUM AND ITS? INCONSISTENT BUT COLORFUL INTERACTION WITH EMERGING TECHNOLOGIES: A CONTEXTUAL ANALYSIS

Abstract The growing impact of artificial intelligence, covering themes such as disruption, regulatory, and reconfiguration of substantive, procedural, and enforcement mechanisms, can be felt through increasing inequality, exclusion, and discrimination in terms of access to the technology, data sets, and understanding of the workings and functioning of these everevolving, complex, and dynamic processes. The paper aims to elaborate on the evolution, impact, and disruption brought in by emerging technologies and how Arbitration as a dispute resolution mechanism is a cost saving, time-efficient, and resource-efficient process compared to other modes of resolving disputes. Varying types of technologies led by increased datafication, computing power, and machine learning capabilities have led to different kinds of economic activities halted, thereby leading to the need for reconfiguration of their governance and operation, and as is discussed in the paper, the various types of challenges arbitration process face in their implementation. This article debates multiple limitations associated with the self-executing nature of blockchain-based Arbitration and critiques them in this critique. In addition to the same several various related to the inclusion of electronic arbitration clauses will be discussed, such as definitional problems, issues associated with timely completion and presentation of evidence in the proceedings, ethical concerns related to automated arbitration clauses and proceedings, and in the light of these challenges, solutions evolved or in consideration, arbitral institutions such as ICC, IBA, UNCITRAL, and another regional mechanism in the situation of developments globally, shall be studied briefly. The article's conceptualisation is based on a comparative and analytical lens for studying, consolidating, and critiquing facets of technological innovations in international arbitration and resolving technological disputes through international arbitration to cover domestic and transboundary disputes. The final aim is to conclude, backed by legal developments and presentative viewpoints of various institutions, that negative perceptions of an artificial intelligence-based arbitration do not dominate general and wide recognition of technology resolving time, space, and saving factors associated with technological revolution

Incorporating Emerging Technologies in the Forensic Analysis of Construction Project Delays

Considering the significant role of the construction industry in the global economy, its continuous adoption of new technological advances is both desirable and inevitable. These advances include Building Information Modelling (BIM) and Artificial Intelligence (AI)/Machine Learning (ML). However, not all sections of the industry currently embrace these developments. Forensic Delay Analysis (FDA) is an activity of specialists in extracting and presenting evidence contractual claims disputes that relate to project delays. Such delays are frequent and expensive, but the FDA process has benefitted little from these new technologies. The paper reports the initial work of a collaborative PhD project funded under the Intensive Industrial Innovation Programme of the European Regional Development Fund. The project explores the integration of BIM and AI/ML technologies within the FDA process. The potential of emerging technologies in different parts of the FDA process is first considered, followed by a systematic literature review (SLR) of published work that might support, refute, or exemplify such contributions. The findings show that BIM and AI/ML offer promising solutions to the current challenges of FDA and opportunities for enhancing the effectiveness of dispute resolution, but further work is needed to test the proposed improvements on real-world project workflows and to collect expert feedback to assess their effectiveness

O impacto da inovação no Poder Judiciário: um ensaio teórico / The impact of innovation on the judiciary: a theoretical essay

Embora os tribunais tenham desempenhado um importante papel nas últimas décadas, restringindo e alterando a política jurisdicional em uma variedade de assuntos, o sistema judicial brasileiro foi simultaneamente rotulado de "disfuncional". Quanto à percepção e avaliação do funcionamento da Justiça, apesar da ampliação da judicialização, “as pessoas ainda identificam como um instrumento com muitas falhas, em especial a veem como lenta, cara e exposta à interferências externas”. Para responder a este cenário, as discussões sobre as reformas necessárias no serviço público emergem na literatura e na academia. Desta forma, justifica-se o debate sobre o impacto da implementação da inovação no Poder Judiciário brasileiro é de suma importância, de modo que possamos encontrar soluções que possam corrigir as deficiências do sistema e melhorar a percepção da sociedade em relação ao funcionamento da Justiça. A inovação não apresenta somente aspectos positivos. Lideranças e sociedade precisam considerar as possíveis dificuldades resultantes de mudanças radicais nos processos e serviços públicos. Por exemplo, a implantação do processo judicial eletrônico aumentou os níveis de trabalho e pressão de advogados e juízes, resultando em perda de qualidade de vida e problemas de saúde. No mais, é preciso ressaltar que a inovação é um resultado de parcerias e esforços dentro do aparelho do Estado, e de desenvolvimento contínuo das competências individuais e organizacionais, e, também, do desenvolvimento de uma cultura propícia à inovação e à mudança.

Decentralized Dispute Resolution: Using Blockchain Technology and Smart Contracts in Arbitration

Can blockchain technology and smart contracts be used in the context of alternative dispute resolution, particularly arbitration, turning traditional procedures on their head? This article discusses various possible applications of blockchain technology and smart contracts in ADR. In particular, it addresses the possibility of fully automated execution of arbitral awards using a smart contract through so-called escrow mechanisms. Subsequently, it presents two promising approaches of so-called Decentralized Dispute Resolution (DDR), including Expert-Pooling and Crowdarbitration. DDR generally involves decisions made jointly by multiple or even all participants in a network (usually a blockchain network), rather than by just one or two intermediaries, and is managed by a smart contract. In the first approach, jurors join together to form so-called expert pools and offer their services without the parties knowing the pool members. Crowdarbitration is based on game-theoretic approaches, namely the “Schelling Point Principle” and crowdjustice. In both approaches, arbitral awards are typically enforced by an escrow mechanism. The final section comments on and evaluates each of these approaches, in particular their advantages and disadvantages, as well as their potential scope and limitations

Blockchain Agency Theory

Longstanding assumptions underlying strategic alliances, such as agency theory, are actively being revoked by dynamics in the new economy. The mechanism of inter-firm cooperation is increasingly being altered by radical developments in blockchains and artificial intelligence among other technologies. To capture and address this shift, this review takes a problematisation approach and focuses wholly on the pertinence of agency theory. First, it begins by acknowledging the established corpus in the area before, second, appraising the seven long-held assumptions in the principal-agent relationship encompassing (1) self-interest, (2) conflicting goals, (3) bounded rationality, (4) information asymmetry, (5) pre-eminence of efficiency, (6) risk aversion and (7) information as a commodity. Third, to add a fresh perspective, the review proceeds to proffer seven assumptions to advance a novel ‘Blockchain Agency Theory’ that would better describe new attributes and relaxed agency behaviour in blockchain alliances. These counter assumptions are (1) common interests, (2) congruent goals, (3) unbounded rationality, (4) information symmetry, (5) smart contracts, (6) mean risk and (7) information availability. In the fourth part, the prior audience of principals and agents is appraised and this culminates into, fifth, a consideration of a new audience of blockchain agency in algocratic environments. Altogether, the seven new assumptions extend and provoke new agency thinking among scholars and blockchain practitioners alike

Habeas Data, Habemus Algorithms: Algorithmic Intervention in Public Interest Decision-Making in Colombia

[Purpose] Automated decision-making and algorithmic governance are increasingly implemented in Latin America in order to improve efficiency in public institutions. However, regulatory frameworks are limited, and the uncritical adoption of technological solutions might undermine fundamental rights, especially of marginalized and vulnerable groups. [Methodology] The article explores two cases of automated decision-making in the Colombian public sector from a social justice perspective. It also outlines current debates on the regulation of artificial intelligence and algorithmic governance at the global level. [Findings] The article shows that the techno-optimistic discourse on the improvement of decision-making through the adoption of algorithms and artificial intelligence ignores the implications in terms of fundamental rights. This leads to the adoption of technologies without the necessary transparency and policy debates. [Practical Implications] The outline of current debates in other regions could inform policy debates in Colombia and Latin America. They provide some guidelines on how to prevent some of the most serious pitfalls of automated decision-making in the public sector. [Originality] While most of the debates on automated decision-making focus on the Global North, this article explores two cases from Colombia and discusses the necessary policy debates on algorithmic governance in Latin America