Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes
Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool
Part IV
Part I | Part II | Part III | Part V
IV. ODR in the International Context
While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR).
As mentioned before, CPR has joined with the United Nations Commission on International Trade Law (UNCITRAL) to develop universal rules and techniques for online dispute resolution. The goal is to better enable global commerce by providing a globally recognized framework for dispute resolution.[3] Specifically, the idea is to provide a practical way to resolve disputes arising from the low-value, high-volumes transactions worldwide that need a rapid, effective and low-cost dispute resolution response.[4] The Working Group had their 28th session November 18-22, 2013, in which they further drafted procedural rules. Once in general use, this ODR framework will significantly improve international consumer dispute resolution.
The next post will address the pros and cons of ODR as well as current issues and perspectives. Stay tuned!
[1] Arthur Pearlstein, Bryan Hanson & Noam Ebner, ODR in North America, in ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, 431 (Daniel Rainey, Ethan Katsh, & Mohamed S. Abdel Wahab eds., The Hauge: Eleven International, 2012).
[2] ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, supra note 1, at 453, 471, 499, 517, 549.
[3] CPR Online Dispute Resolution (ODR) Overview, CPR,www.cpradr.org/AcrossBorders/CPRODROverview.aspx (last visited December 4, 2013).
[4] Id.
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