This study details best practices for the use of ODR for commercial disputes in APEC and the need for a user-centric approach. The study considers best practices in the design of ODR platforms, basic principles relating to ODR providers and neutrals, special considerations regarding the use of ODR in courts, and use of ODR in consumer cases.
The starting point for ODR best practices is the UNCITRAL Technical Notes on Online Dispute Resolution (UNCITRAL ODR Technical Notes). The UN General Assembly observed that the UNCITRAL ODR Technical Notes
– “reflect the principles of impartiality, independence, efficiency, effectiveness, due process, fairness, accountability, and transparency,” [and]
– “will significantly assist all [economies], in particular developing [economies].”
In its conclusion, the General Assembly “[r]ecommends that all [economies] and other stakeholders use the Technical Notes in designing and implementing online dispute resolution systems for cross-border commercial transactions.”
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