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Part II Private Justice

The Case for Reframing ODR in Emerging Economies

Journal International Journal of Online Dispute Resolution, Issue 1-2 2018
Keywords ODR in emerging economies, regtech, India stack
Authors David Porteous
AbstractAuthor's information

    Reports of ODR implementations in emerging economies are still rare, at least outside of China, which in many ways has already emerged digitally at least. But the lack of reports does not mean that there is not increasing ODR activity there. Underlying forces – the usage of smart phones and the rising volume of digital payments outside of the dispute frameworks created by traditional payment card schemes – point to increasing potential access to digital justice, as well as the need for it. This article argues for reframing the case for ODR in two ways that may make it more relevant for policy makers in developing countries. The first is to position ODR in the rapidly growing field of ‘regtech’ (regulatory technology). The second is to show ODR as a layer in the emerging ‘stacks’ of the technology enabling digital government, such as the ‘India stack.’


David Porteous
David Porteous is chair and founder of consulting firm BFA and co-founder of Digital Frontiers Institute, a Cape Town–based non-profit edtech initiative.
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