There\u27s an App for That: Developing Online Dispute Resolution to Empower Economic Development

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What deserves emphasis, however, is promotion of ODR to empower businesses that seek to attract customers globally. Establishment of trusted ODR systems incentivizes consumers to make cross-border purchases because it provides them with the comfort of knowing there is a cheap and easy means for obtaining a remedy if the purchase goes awry. This is especially important to assist businesses in developing nations, where Internet access is expanding through use of smartphones and similar mobile devices. Such mobile access is narrowing the so-called “digital divide” and fostering enthusiasm for building e-commerce, which is imperative for economic development and global integration. ODR can further these efforts by catalyzing consumer trust, and consequently cross-border sales. This article, therefore, encourages growth of global ODR that is accessible through mobile devices as means for increasing access to remedies and trustworthy e-commerce for companies and consumers in developing nations

Consumer Casualties

On July 21, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank),\u27 which among other things calls for creation of the Consumer Financial Protection Bureau (CFPB) to serve as a centralized agency charged with protecting consumers from lending abuses and improper practices. The question is when and whether this agency will come to fruition-or suffer as a casualty of political warfare

Legislating in the Light: Considering Empirical Data in Crafting Arbitration Reforms

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research

Promoting the Promise Manufactured Homes Provide for Affordable Housing

This Article raises issues for HUD and other policy makers to consider with respect to MHIA programs and broader mobile home policies. It also seeks to spark public awareness about the potential that mobile homes provide for affordable housing. The time is ripe for policy makers on federal and state levels to craft safety and financing regulations that take into account the unique character and complexities of mobile home transactions and mobile home ownership. Furthermore, the MHIA should ignite mobile home manufacturers, retailers, lenders, and consumer advocates to join forces to help alleviate burdens of mobile home ownership and provide mobile home dwellers with safe and affordable housing

Book Review: Bennett Explains Arbitration Fundamentals, without the Legalese

At the outset of the book, Steven Bennett expresses fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law. The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett\u27s goal

Empowering Consumers Through Online Dispute Resolution

We transact online every day, hoping that no problems will occur. However, our purchases are not always perfect: goods may not arrive; products may be faulty; expectations may go unmet. When this occurs, we are often left frustrated, with no means for seeking redress. Phone calls to customer service are generally unappealing and ineffective, and traditional face-to-face or judicial processes for asserting claims are impractical after weighing costs against likely recovery. This is especially true when seeking redress requires travel, or for crossborder claims involving jurisdictional complexities. This situation has created a need for online dispute resolution (“ODR”), which brings traditional dispute resolution methods into the digital age. ODR systems that utilize negotiation, mediation and arbitration are paving the way for consumers to access the remedies they crave in the borderless Internet marketplace

Building Bridges to Consumer Remedies in International eConflicts

Consumer purchases over the Internet (“ePurchases”) are on the rise, thereby causing an increase in conflicts regarding these purchases (“eConflicts”). Furthermore, these conflicts are increasingly international as consumers purchase goods over the Internet not knowing or caring where the seller is physically located. The problem is that if the purchase goes awry, consumers are often left without recourse due to the futility of pursing international litigation and the textured law and policy regarding enforcement of private dispute resolution procedures, namely arbitration. The United States strictly enforces arbitration contracts in business-to-consumer (“B2C”) relationships, while other countries have refused or limited enforcement of arbitration in these relationships. Furthermore, some businesses have used their power to impose onerous arbitration regimes in their international B2C online contracts (“eContracts”). Consumers subject to these contracts have been left confused whether they must abide by these regimes, and uncertain where to turn in seeking remedies on their eContract claims. This essay addresses the lack of consumer remedy mechanisms, and seeks to spark consideration of expanded use of online processes for resolving B2C eConflicts

Arbitration in the Age of COVID: Examining Arbitration\u27s Move Online

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ( ODR ), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ( OArb ) is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ( FAA ). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration of arbitration\u27s move online. At the same time, jurisprudence around the FAA has sent various signals that both help and hinder the growth of OArb. Furthermore, the 1925 FAA was not built to address innovations like virtual hearings, creating a need for policies that adapt for technological progress. Accordingly, this Article discusses how recent jurisprudence and institutional promulgations may impact OArb and offers considerations for courts, policymakers, and practitioners shepherding OArb development