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International Journal of Online Dispute Resolution


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Issue 1, 2017 Expand all abstracts
Article

ODR4Refugees through a Smartphone App

Keywords refugees, ODR, mediation, smartphone, disputes
Authors Petros Zourdoumis
AbstractAuthor's information

    For the past two years we have been monitoring in Greece several refugee related disputes such as disputes between refugees, intercultural disputes, disputes between refugees and the local community and disputes between refugees and the camp administration. We have also noticed that almost all refugees had smartphones as they were easy to carry with them and allow them to stay connected with those left behind or been relocated. Therefore in order to offer dispute resolution services we had to address two main issues: mobility & speed. We thought that technology could fit perfectly in this context. So, we decided, to develop a smartphone application for refugees that could create the environment for ODR. The App will not only resolve disputes online but try to prevent disputes or their escalation. Some of its innovative features will be personalized texts, language selection, disputes menu, automatic appointment of mediator, case filing, video, audio and text communication. It will have a friendly interface and be very easy to use even for those who have limited knowledge of technology and its download and use will be free for all refugees. The process will be conducted online by specially trained mediators and will be informal & flexible.


Petros Zourdoumis
Petros Zourdoumis is Founder of ODReurope, General Director of ADR point, a Fellow of the National Center for Technology and Dispute Resolution (USA) and project leader for ODR4Refugees (http://odr.info/petros-zourdoumis/).
Article

On China Online Dispute Resolution Mechanism

Following UNCITRAL TNODR and Alibaba Experience

Keywords Online Dispute Resolution (ODR), China, UNCITRAL TNODR, Alibaba experience
Authors Zhang Juanjuan
AbstractAuthor's information

    The booming of cross-border e-commerce has bred online dispute resolution (ODR) mechanisms, to adapt to the growth of cross-border high-volume and low-value e-commerce transactions. China is the largest B2C e-commerce market in the world. However, along with a prosperous e-commerce market, a great number of disputes have erupted. Under this circumstance, how to establish a reasonable, convenient and efficient online dispute settlement (ODS) method is significant. This paper will briefly look at various ODS channels. By comparing the existing Chinese mechanism and UNCITRAL documents, the paper intends to help provide the reader with greater understanding of the Chinese style, point out the obstacles and challenges in China with quantitative and qualitative analysis, and make some suggestions on the future direction of China ODR system.


Zhang Juanjuan
Zhang Juanjuan is a senior lecturer at the Faculty of Law and researcher at the Centre of Latin American Studies at the Southwest University of Science and Technology, China. She is also a PhD candidate at the Faculty of Law, University of Macau, Macau, China.
Article

Customer Door Codes

A Proposal for a Quasi-Standard in the Area of ODR and Customer Tech

Keywords privacy, personal data protection, people empowerment, e-justice, GDPR
Authors Zbynek Loebl sen. and Zbynek Loebl jun.
AbstractAuthor's information

    This article describes structured communication between apps used by people and apps used by entities (retailers, service providers, public entities etc.). It focuses on the communication related to the privacy and online dispute resolution (ODR), because the authors believe that these are important features empowering people.


Zbynek Loebl sen.
Zbynek Loebl sen. (zbynek@loebl.info) is a technology lawyer and entrepreneur in ODR. He initiated and managed development and launch of ADR.eu project, ADR.eu has been the first online-only dispute resolution forum for top-level domain name disputes. ADR.eu is also a single forum for disputes concerning .eu domain names. Zbynek also founded Youstice (www.youstice.com) and served as its CEO for 4 years. Youstice has been a pioneering venture in resolving customer dissatisfactions globally. He was also an active member of UNCITRAL WGIII, which was trying to prepare globally acceptable rules for low-value, high-volume ODR.

Zbynek Loebl jun.
Zbynek Loebl jun. (zbynek.loebl@gmail.com) is a recent University of Oxford graduate, with an interest in mathematics, tech and data science.
Article

The New World Order in Dispute Resolution

Brexit and the Trump Presidency

Keywords dispute resolution, Brexit, Donald Trump, technology, trade
Authors Ijeoma Ononogbu
AbstractAuthor's information

    The Brexit vote and Donald J Trump as the leader of the Free world in 2016 brought in a new world order. Two hugely important and unexpected events of 2016. Both have called into question the stability of established international commercial dispute resolution schemes in the United Kingdom and the United States in our tech savvy world. As the impact of both events unfolds, adaptations made to the existing dispute resolution schemes will be negotiated and the role that technology can play in the new approaches to international commercial dispute resolution will be determined. Consequently, there has been the changing face of Western politics after the Cold War, based on traditional group identity giving way to an uncertain landscape in which the political class struggle to define. The impact and disruption of technology in politics has given everyone a voice regardless of social class. Consequently, the EU under Mr Juncker and the UK Prime Minister seem to have mutual respect in their negotiations, given that the UK has made a number of notable concessions in order to move the trade discussions forward.
    Under Donald Trump presidency, the state of North America Free Trade Agreement (NAFTA) seems binary with the probing question will NAFTA survive or not. NAFTA is currently undergoing transformation, a process that incorporates Investor-State Dispute Settlement (ISDS).


Ijeoma Ononogbu
Ijeoma Ononogbu is a London-based Solicitor, International Dispute Resolution, Director, Dispute Resolver Ltd and Fellow of the Chartered Institute of Arbitrators.
Article

Building Better Markets

Keywords complaints, customer service, claims, market growth, consumer engagement
Authors James Walker
AbstractAuthor's information

    Customer service systems have traditionally been clunky, opaque processes that serve neither businesses nor consumers particularly well. Consumers have had to engage in extensive research to find out where they stand when things go wrong, and this has made it harder for businesses to manage their issues – an ineffective system that has cost businesses £7 billion a year. How can businesses improve this expensive model – and also improve the market for their consumers?
    Resolver occupies a unique place in the market, offering a free service to consumers that helps businesses build an insight into the behaviour of their customers. Resolver believes that trust is an important factor in building a cost-effective model of consumer resolution – not only trust in businesses, but trust in an effective market. By educating consumers as to their rights and empowering them to raise their issue in a concise, effective manner, Resolver believes that the market can benefit from increased consumer engagement and growth.


James Walker
James Walker is the founder and SCO of Resolver UK.
Article

Equal Access to Information & Justice: A Report on the Online Dispute Resolution (ODR) Forum 2017

The Huge Potential of ODR, Greatly Underexplored (Paris, France, 12 and 13 June 2017)

Keywords ODR, equal access, justice online, information online, ICC
Authors Mirèze Philippe
AbstractAuthor's information

    This article is a brief report on the two-day conference on ‘Equal Access to Information & Justice, Online Dispute Resolution’, organized by the ICC in Paris on 12-13 June. Over 160 lawyers, magistrates, academics, researchers, dispute resolution organizations and online dispute resolution providers, from over 30 countries and representing each continent debated about the use of technology for the resolution of all types of disputes. The 60 speakers explored the future of dispute resolution and the role of technology in all legal fields, from mediation in conflict zones, to commercial and civil disputes. The huge potentials greatly underexplored were discussed. It was noted that much remains to be done to educate users and convince state courts, dispute resolution organizations, merchants and other services’ providers to offer access to justice online. Efforts must be undertaken to allow users seek remedy in an affordable way. The solution for an equal access to justice is to make such access available online. The issues of ethics and standards were also discussed, as well as the increase concern of data protection and cybersecurity. The recording of the discussions on the panels are available on the ICC Digital Library (ICCDRL).


Mirèze Philippe
Mirèze Philippe is a special counsel at the Secretariat of the ICC International Court of Arbitration. She is the founding co-president of ArbitralWomen and member of the Board, member of the Steering Committee of the Equal Representation in Arbitration Pledge, member of the Board of Advisors of Arbitrator Intelligence, member of the Advisory Board of Association Arbitri, and fellow of the National Center for Technology and Dispute Resolution.