Online Alternative Dispute Resolution for Consumer Dispute Settlement in the Digital World

Online dispute resolution by consumer dispute resolution agency has not been regulated in consumer protection law. The aims of this study: (i) showing online alternative dispute resolution is concept of consumer dispute resolution by consumer dispute resolution agency in digital world in Indonesia; (ii) showing the urgency of regulation and matters regulated in consumer protection law relating to online alternative dispute resolution. The author uses normative juridical research. The results show first, online alternative dispute resolution for consumer dispute resolution by consumer dispute resolution agency can overcome the problem of long time and not cheap costs incurred by consumers to resolve disputes, in line with the increase in digital consumers, whose implementation can improve assessment of alternative dispute resolution related to effectiveness rule of law. Second, online alternative dispute resolution needs to be regulated in consumer protection law so that consumer dispute resolution agency get legal certainty to apply them in consumer dispute resolution. Regarding the regulation, it can refer to International Council for Online Dispute Resolution and strengthen the institution of consumer dispute resolution agency. The regulation and implementation of online alternative dispute resolution by the consumer dispute resolution agency has been strengthened by success in several other countries

Online Dispute Resolution

[À l'origine dans / Was originally part of : CRDP - Droit et technologies d'information et de communication]SSHR

Online Dispute Resolution

The contemporary world belongs to communication where lot of interactions, trading, and business dealings are happening between people, organizations, and business partners. This has led to the sharp rise in disputes and conflicts, and they have become an unavoidable part of our ecosystem. Disputes and conflicts are not only related to online communication but also crops up during face-to-face or offline communication. The disputes/conflicts need to be handled, managed, and resolved timely and in a cost-effective manner. These days, online communication medium is used very effectively for such dispute resolutions. Online dispute resolution is mostly done through video conferencing, email exchanges, instant chat, and interaction through mobile phones. In order to understand the corporate perspective of India related to the online communication and online dispute resolution, interviews of 50 working professionals were conducted. Each of these professionals is at the leadership position and uses online communication more often in their day-to-day professional work. Their views were recorded and interpreted in order to understand practical issues related to online communication and online dispute resolution. In this chapter, we will be discussing the pertinent process of online dispute resolution for both online and offline disputes pertaining to the business environment

Online Dispute Resolution

Online Dispute Resolution – New Challenges is a book that concerns a very current subject with practical repercussions: the use of the Internet in dispute settlement mechanisms, including arbitration, court litigation, and mediation. The book is divided into three chapters, covering the following subjects: “Due process guarantees and Online dispute resolution”, “Online trial hearings – in particular, evidence” and “Confidentiality, privacy and security”. All essays are written by well-known arbitrators, academics, lawyers and judges. Each essay seeks to provide the perspective of a different group of stakeholders in respect of the areas in which online dispute resolution is currently resorted to. The editors of the book are Professors at the Law School of the University of Lisbon whose fields of research include, among other topics, international arbitration, litigation and mediation. With contributions by António Abrantes Geraldes, Paula Costa e Silva, Madalena Dinis Ayala, Diego Fernandez Arroyo, Marc Henry, Catarina Monteiro Pires, Pilar Perales Viscasillas, Luís Filipe Pires de Sousa, Sofia Ribeiro Mendes, Juan Serrada Hierro, Joana Soares Correia, Bruno Sousa Rodrigues and Riu Vouga.PublishedOnline Dispute Resolution – New Challenges is a book that concerns a very current subject with practical repercussions: the use of the Internet in dispute settlement mechanisms, including arbitration, court litigation, and mediation. The book is divided into three chapters, covering the following subjects: “Due process guarantees and Online dispute resolution”, “Online trial hearings – in particular, evidence” and “Confidentiality, privacy and security”. All essays are written by well-known arbitrators, academics, lawyers and judges. Each essay seeks to provide the perspective of a different group of stakeholders in respect of the areas in which online dispute resolution is currently resorted to. The editors of the book are Professors at the Law School of the University of Lisbon whose fields of research include, among other topics, international arbitration, litigation and mediation. With contributions by António Abrantes Geraldes, Paula Costa e Silva, Madalena Dinis Ayala, Diego Fernandez Arroyo, Marc Henry, Catarina Monteiro Pires, Pilar Perales Viscasillas, Luís Filipe Pires de Sousa, Sofia Ribeiro Mendes, Juan Serrada Hierro, Joana Soares Correia, Bruno Sousa Rodrigues and Riu Vouga

Internet Characteristics and Online Alternative Dispute Resolution

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize the growth of e-commerce

Equality of Arms in the Digital Age

Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce

Penerapan Arbitrase Online Dalam Penyelesaian Sengketa Transaksi E-Commerce

This research focuses on method of dispute resolution using online arbitration as online dispute resolution. This research character is analytical descriptive. Analysis method used in this research is qualitative method. The result of this research shows: First, online arbitration as one of the method of dispute resolution using online dispute resolution considered by e-commerce business actors as the best solution in resolving dispute in cyber world; Second, online arbitration in the practice faces juridical obstacle in some matters as follow: (1) agreement to perform arbitration; (2) choice of arbiter (3) fulfillment of fundamental procedures; (4) character and execution of arbitration binding decision

Feasibility Analysis of the Integration of Guangdong Online Dispute Resolution (ODR) Mechanism and University Talent Resources

In recent years, online dispute resolution mechanisms have penetrated people's lives with the development of the Internet. Online dispute resolution mechanism not only efficiently solves the disputes of various contradictions of the parties, but also greatly alleviate the pressure of the court due to the lack of judicial resources and high cost, at the same time, the online dispute resolution platform is also faced with the dilemma of the lack of high-quality mediation talents. This paper mainly analyses the feasibility of the introduction of local university human resources into the Guangzhou ODR online dispute resolution platform by the local judicial department according to the development and operation status of the ODR online dispute resolution service platform in Guangzhou, Guangdong Province, and provides a feasible reference plan to alleviate the current situation of the lack of talents in China's online dispute resolution platform