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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)

Journal International Journal of Online Dispute Resolution, Issue 1 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.
Article

Access_open The Promise and Potential of Online Dispute Resolution in Japan

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords Online Dispute Resolution, ODR, ADR, e-Commerce
Authors Hiroki Habuka and Colin Rule
AbstractAuthor's information

    Information technology has dramatically changed the way consumers and businesses transact around the world. Many consumer goods (such as videos, music and software) are purchased online through the Internet instead of through physical stores. Businesses have similarly migrated many of their commercial transactions online, including proposals, due diligence, negotiation and signing. However, most dispute resolution processes have not yet made a similar move; they occur face-to-face, even when the dispute arose online. This has led to a new type of dispute resolution, called ODR (or Online Dispute Resolution). ODR is the use of technology to resolve disputes, and it is being promoted in many countries around the world as a model for civil justice in an online age. North America and the European Union (EU) have aggressively promoted ODR, and there are many ODR projects currently underway. As one of the leading online economies in the world, Japan is facing many of the same challenges as the rest of the world in providing fast and fair resolutions to online consumers. But to date, ODR has not gotten much traction in Japan. Recently, the Japanese Consumer Network published a report about ODR for cross-border e-commerce transactions and encouraged the government to establish a working group for implementation of ODR. However, discussion by multiple stakeholders towards practical implementation of ODR has not yet started in earnest. This article aims to focus the discussion about how to implement ODR in Japan, providing information about the latest developments in global ODR frameworks and envisioning the challenges ODR faces in the Japanese market.


Hiroki Habuka
Hiroki Habuka is a Deputy Director of Information Economy Division, Commerce and Information Policy Bureau, of Ministry of Economy, Trade and Industry of Japan (METI). He graduated from University of Tokyo Law School (J.D.) and Stanford Law School (LL.M.).

Colin Rule
Colin Rule is Vice President, Online Dispute Resolution, Tyler Technologies. He served as Director of Online Dispute Resolution at eBay and PayPal, and co-founded Modria.com, an ODR provider that was sold to Tyler Technologies in 2017.

Graham Ross
Graham Ross runs a distance training course on ODR for mediators and arbitrators at www.odrtraining.com and he is a member of the Civil Justice Council ODR Advisory Group.
Conference Paper

Conference Opening Remarks

Journal International Journal of Online Dispute Resolution, Issue 2 2017
Keywords Online Dispute Resolution, online court, access to justice, technology and the law
Authors Lord Justice Briggs
AbstractAuthor's information

    Lord Justice Briggs has been intimately involved in the development of technology for improving access to justice in the UK. He was the author of a report that energized the move toward online dispute resolution in the courts. These remarks are a retrospective look at his work, now that he is a member of the UK Supreme Court, and no longer involved day-to-day in ODR development.


Lord Justice Briggs
Justice of the UK Supreme Court.

FANG Xuhui
FANG Xuhui is Law Professor of Nanchang University, associated researcher at Cyberjustice of University of Montreal, Senior Counsel of E-Better Business in Shenzhen, mediator of International Commercial Mediation Center for Belt & Road Initiative in Beijing and special mediator at Futian District Court of Shenzhen People’s Court.
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