In this article, we investigate whether the conditions for the emergence of an online dispute resolution (ODR) market in Portuguese-speaking countries have been met. The size of the Portuguese-speaking population and the internet penetration in Portuguese-speaking countries may look promising, but what is called networked readiness as well as the legal context needs to be factored in before any conclusion may be drawn. |
Article |
ODR Readiness of Portuguese-Speaking Countries |
Journal | International Journal of Online Dispute Resolution, Issue 1 2022 |
Keywords | PALOP, ODR, ICT, Portuguese-speaking, dispute resolution |
Authors | Ana Maria Maia Gonçalves, Andrea Maia, Nuno Albuquerque e.a. |
AbstractAuthor's information |
Article |
The Role of the Seat in Smart Contract Disputes |
Journal | International Journal of Online Dispute Resolution, Issue 1 2020 |
Keywords | smart contracts, international commercial arbitration, blockchain technology, online arbitration |
Authors | Diana Itzel Santana Galindo |
AbstractAuthor's information |
Over the past few decades, international commercial arbitration has experienced major developments in various fields. A major recent development that will spread widely in the years to come relates to technology and the necessity of international commercial arbitration to adapt to the new needs of the market. The path of technological development in commerce is determined by forces other than the needs of legal practitioners. Moreover, the lack of real connection to a sole place, in disputes where the multi-parties have not selected the seat, can create serious obstacles for the arbitral proceedings in blockchain technology disputes. In this regard, smart contracts, however, appear to have identifiable parties with an identified physical point of connection that ultimately can be adapted to the existing place of the arbitration theory within the international arbitration legal framework. |
Article |
Managing Procedural Expectations in Small Claims ODR |
Journal | International Journal of Online Dispute Resolution, Issue 1 2019 |
Keywords | fair trial, procedural justice, natural justice, waiver, small claims, consumer disputes, proportionality |
Authors | Fabien Gélinas |
AbstractAuthor's information |
In this article, the author reflects on the appropriate place of traditional procedural guarantees in the resolution of consumer and small claims disputes using online tools. After examining the key aspects of procedural justice that constitute the right to a fair trial and analysing its effects on procedures designed for low-value disputes, the article argues for a flexible approach that takes procedural proportionality seriously. |
Part II Private Justice |
Using Technology and ADR Methods to Enhance Access to Justice |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | ODR, ADR, mediation, online court, e-court, consumer ADR, CADR, CDR, ombudsman |
Authors | Pablo Cortes |
AbstractAuthor's information |
This article discusses how technology and extrajudicial processes can provide a solution to the access-to-justice problem for self-represented litigants. The article first observes the need for efficient dispute resolution processes based on a wider concept of access to justice and argues for greater integration amongst courts and extrajudicial bodies, especially in the consumer sphere where dispute resolution bodies are currently undergoing an institutionalization process as a result of recent EU legislation. Accordingly, it is argued that access to justice for consumers will only be achieved if they have access to either an accountable and effective extrajudicial scheme that offers adjudication or a truly user-friendly and accessible online court that incorporates alternative dispute resolution techniques as the United Kingdom has endeavoured to deliver. To that end, this article examines the policy options for the English Online Court with a particular focus on the challenges faced by litigants in person. Finally, this article submits that dispute system design changes need to be informed by empirical research and a holistic policy strategy on dispute resolution. |
Part II Private Justice |
Reputational Feedback Systems and Consumer RightsImproving the European Online Redress System |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | reputational feedback systems, consumer’s protection, dispute resolution, ADR, ODR, enforceability, ecommerce, European redress system small claims |
Authors | Aura Esther Vilalta Nicuesa |
AbstractAuthor's information |
The European Union single market needs to tackle an outstanding issue to boost competitiveness and growth: a trust-based redress framework that ensures the effectiveness of consumers’ rights. The current disparities among dispute resolution mechanisms, added to the fact that in practice many do not guarantee participation and enforceability, are serious obstacles to this goal. Trust and the integration of certain dispute avoidance tools added to the regulation of some common enforcement mechanisms are key issues in the field of consumer protection. The goal of this article is to offer some insights within the context of the European Union legislative proposals aimed at improving the current redress system. |
Article |
The Role of ODR in Resolving Electronic Commerce Disputes in China |
Journal | International Journal of Online Dispute Resolution, Issue 1 2016 |
Keywords | ODR, China, electronic commerce disputes |
Authors | Jie Zheng |
AbstractAuthor's information |
Online dispute resolution (ODR) has been developed in response to the growth of disputes in electronic commerce transactions. It is based on the legal framework of alternative dispute resolution (ADR) by taking into consideration electronic communications and information technology. This article will introduce the current legal framework and practice of ODR in China, find legal issues that affect the development of ODR and, finally, propose suggestions to overcome these barriers. |