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.

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 Digital Era and Intellectual Property Challenges in Malaysia

2021 ◽  
Vol 29 (S2) ◽  
Author(s):  
Nurhidayah Abdullah ◽  
Hanira Hanafi ◽  
Nazli Ismail Nawang
Keyword(s):  
Secondary Data ◽  
Structured Interview ◽  
Digital Transformation ◽  
Advanced Technology ◽  
Government Officials ◽  
The Public ◽  
International Agencies ◽  
Cross Border ◽  
Digital Era ◽  
The World

The world is undergoing a digital transformation where everyday connections are done among people, businesses, data, and processes online. The digitalisation is taking shape and undermining conventional notions about how businesses are structured, how firms interact and how consumers obtain services, information, and goods. Issues of piracy and infringement of IPRs raise concerns surrounding the enforcement of legal measures for (IPRs) protection. The paper seeks to explore the challenges of IPRs protection towards the world of digitalisation. This research utilities secondary data and semi-structured interview with government officials who are directly involved in the IPRs. The findings reveal that the challenges dwell in the issues of the rise of technology which requires advanced technology to cope with it, the lack of enforcement officer to monitor the entry point to the country, the issues of cross border where the agencies need to cooperate with international agencies, lack of awareness among the public, territorial limitation and the piecemeal of the institutional framework. Finally, recommendations on how to improve the enforcement are offered.

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.

Strengthening the Single Market through informal dispute-resolution mechanisms in the EU: The case of SOLVIT

2018 ◽  
Vol 25 (1) ◽  
pp. 108-117
Author(s):  
Evgenia Kokolia
Keyword(s):  
Dispute Resolution ◽  
Single Market ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
Eu Legislation ◽  
Cross Border ◽  
Key Characteristics ◽  
The Eu

SOLVIT is an informal out-of-court dispute-resolution tool between the EU Member States and Norway, Lichtenstein and Iceland to practically help citizens and businesses when encountering problems in cross-border situations with their rights enshrined in EU legislation. In light of the recently adopted Commission Communication on the reinforcement of SOLVIT, 1 the authors analyse its key characteristics and challenges. The authors concludes that an enhanced role of SOLVIT can efficiently promote a culture of compliance and smart enforcement of EU law in the Single Market together with the Member States.

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.

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