Cross‐Border Issues Associated with the Use of Online Dispute Resolution for International Family Law Matters

2021 ◽  
Author(s):  
Michael S. Coffee
Keyword(s):  
Dispute Resolution ◽  
Family Law ◽  
Online Dispute Resolution ◽  
Cross Border

scholarly journals BUILDING A GLOBAL REDRESS SYSTEM FOR LOW-VALUE CROSS-BORDER DISPUTES

2013 ◽  
Vol 62 (2) ◽  
pp. 407-440 ◽  
Author(s):  
Pablo Cortés ◽  
Fernando Esteban de la Rosa
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Protection Policy ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
European Approach ◽  
Domestic Courts

AbstractThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.

scholarly journals Possibilities for Modernization of Conciliation Board Procedures in the Countries of Central and Eastern Europe - Online Dispute Resolution and Electronic Communication

2021 ◽  
Vol 4 (1) ◽  
pp. 18
Author(s):  
Balázs Hohmann
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Electronic Communication ◽  
Efficient Operation ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Innovation Fund ◽  
Innovation And Technology ◽  
Protection Legislation ◽  
Legislative Reforms

Conciliation bodies are the main European forums for alternative dispute resolution for consumer disputes, providing an institutionalized opportunity to remedy consumer infringement cases quickly, cheaply and efficiently. The institution has excellent dispute resolution efficiency not only in Hungary, but also at the international level, which greatly contributes to the enforcement of the consumer protection legislation of the countries concerned. The scientific examination of the work of the bodies and the legislation related to them, the number of domestic and international scientific works resulting from them are modest, while the efficient operation of the bodies depends not only on practical and legal factors, but also on the theoretical basis. Although legislative reforms in this area have led to a number of innovations and modernizations, they have left untouched a number of theoretical and practical issues that also pose significant problems in law enforcement, such as the satisfactory settlement of cross-border disputes, electronic communication and even communication, that it is possible to involve artificial intelligence, other software solutions in decision-making or online dispute resolution within the framework of the procedure. Applied research on the operation of conciliation bodies covered bodies and bodies in Hungary, Romania and Slovakia. Due to the large number of consumer legal relations, the significance of these research results in the national economy cannot be considered negligible either. The research supported by the ÚNKP-20-3 New National Excellence Program of the Ministry for Innovation and Technology from the source of the National Research, Development and Innovation Fund.

scholarly journals Online Settlement of Cross-Border Disputes: Architecture of the Regulatory Environment for Consumer Disputes (European Union Experience)

2021 ◽  
Vol 16 (10) ◽  
pp. 163-173
Author(s):  
D. S. Donskaya
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Unconditional Stimulus ◽  
Consumer Participation ◽  
The European Union ◽  
National Legislation ◽  
Online Dispute Resolution ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
Union Experience

The increasing complexity and digitalization of cross-border relations are an unconditional stimulus for the development and popularization of online dispute resolution mechanisms. The paper examines the European Union experience in regulating modern online mechanisms for resolving consumer disputes and attempts to determine the hierarchy of regulatory acts in relation to online resolution (settlement) of cross-border private law disputes. The author analyzes the features of the European approach to regulating the system of online resolution of crossborder disputes in order to determine the possible vector of development of national legislation as a condition necessary for building and ensuring the functioning of an effective system. The paper notes the advantages and disadvantages of the European system of online settlement of cross-border disputes with the participation of consumers. It concludes that it is necessary to resolve the issue of the applicability of the norms of existing treaties, adapt national legislation to the specifics of online dispute resolution, as well as ensure the possibility of considering cross-border disputes with consumer participation in accordance with standardized rules in order to simplify the dispute resolution procedure and build trust in the online system.

scholarly journals B2C E-Commerce Trust in Redress Mechanism (Cross Border Issues)

10.28945/2596 ◽  
2003 ◽  
Author(s):  
Ong Chin Eang
Keyword(s):  
Dispute Resolution ◽  
Country Of Origin ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Concerns ◽  
The Cross

The rise of consumer concerns of trust issue in e-commerce is due to the fact that when disputes occur in the cross-border environment, what is the level of protections (redress) that is available and which jurisdictions that is applicable and enforceable. This paper discuss the issue that with the current three major redress mechanisms, Online Dispute Resolution (ODR), Country of Origin and Country of Destination. Yet, consumers trust still an issue. It is well recognized that Cross Border environment and Jurisdiction that give rise to the concerns. This paper raises perhaps more important issues that relate to the gap and loophole that be living in the three redress mechanisms and jurisdictions.

Consumer “Access to Justice” in EU in Low-Value Cross-Border Disputes and the Role of Online Dispute Resolution

2017 ◽  
pp. 191-208
Author(s):  
Inmaculada Barral-Viñals
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Access To Justice ◽  
Consumer Contract ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Consumer Access ◽  
The Eu

This paper examines consumer access to justice in the EU by analysing how Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) can improve this access, especially in the case of low-value cross-border disputes, which constitute the majority of consumer contract complaints. The discussion is based on a widened concept of open justice that not only seeks to provide greater transparency, but also greater participation and collaboration as a means to improve consumer access to justice. The approach deals with the subjective and objective obstacles to accessing justice and the role of participatory justice. Finally, the paper examines the decisions taken by the EU in its attempt to foster both ADRs and ODRs for consumer disputes and determines which obstacles have been eliminated in promoting access to justice.

scholarly journals THE CISG AND CROSS-BORDER ACCESS TO COMMERCIAL JUSTICE

2020 ◽  
Vol 38 (1) ◽  
Author(s):  
Mark Walter
Keyword(s):  
Dispute Resolution ◽  
Small Businesses ◽  
Small And Medium Enterprises ◽  
National Level ◽  
The Great Recession ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Border Trade ◽  
Medium Enterprises ◽  
New Generation

Global trade has changed rapidly, and in some ways dramatically, since the Great Recession began in 2008. Two sometimes competing factors are at play: the slowdown in globalization due primarily to protectionist measures employed at the national level and the new international opportunities created by technology and regulatory environment reform. Both factors present unique benefits and challenges for micro, small and medium enterprises (MSMEs)1 engaging in or planning to engage in cross-border trade. Barriers to MSME cross-border trade remain high, with one of the highest being the lack of cross-border access to commercial justice for smaller participants. There is a decreased incentive for small businesses to engage in trade and global value chains, or to use arm’s length contracts in such cases, where there is little potential for resolving disputes through litigation, arbitration or mediation. One solution that is gaining significant attention in legal, business and technology circles is Online Dispute Resolution (ODR), which is, in turn, driving legal harmonization that benefits MSMEs. This paper is a discussion of the evolution of a new generation of micro and small cross-border entrepreneurs, the growth of and rationale for improved access to commercial justice, the role the CISG should play in technology-assisted dispute resolution and, more generally, in establishing an environment conducive to MSME growth.

scholarly journals Consumer Online Dispute Resolution (ODR) – A Mechanism for Innovative E-governance in EU

2018 ◽  
Vol 16 (2) ◽  
pp. 45-67
Author(s):  
Urša Jeretina
Keyword(s):  
Dispute Resolution ◽  
Case Law ◽  
Theoretical Research ◽  
Research Approach ◽  
Full Potential ◽  
The Public ◽  
Eu Member States ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
Digital Era

Online Dispute Resolution (ODR) could be the first important step towards adjusting the public Administration to the requirements of the digital era by introducing new e-disputes. In this context, this article examines the significance of the emergence of consumer ODR systems in EU as a new mechanism for resolving disputes, online ones included. It takes a theoretical research approach to evaluate the nature and scope of ODR development in the emerging field of e-governance and combine it with a comparative data analysis to identify the core positive and negative challenges in the use of ODR. Some EU member states have already adopted ODR as a tool for digital e-government and others are still in the period of its implementation. ODR has already proved effective resolution for at least some disputes (e.g. cross-border disputes), but unfortunately has not yet reached its full potential. The lack of relevant ODR case law is another issue that contributes to only gradual usage of ODR systems and their efficiency. Key findings are formulated as a list of challenges that EU has to face for efficient use of ODR and it as an important part within innovative European e-governance in the future.

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