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Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool

by Renee Kolar
April 2014

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Renee Kolar

Online Dispute Resolution: An Amorphous Concept, Yet An Effective Tool

 

Part IV

Part I | Part II | Part III | Part V

 

IV. ODR in the International Context

While ODR has its roots in North America,[1] the process is taking off internationally. Scholars have written articles on the expansion of ODR in Europe, Australia, Asia, Latin America, and Africa.[2] A big draw for ODR is its ability to solve disputes despite vast geographical distances, making it a prime candidate for the resolution of international disputes. Much of the focus devoted to ODR by providers has been on international case management (e.g. AAA, CPR).

As mentioned before, CPR has joined with the United Nations Commission on International Trade Law (UNCITRAL) to develop universal rules and techniques for online dispute resolution. The goal is to better enable global commerce by providing a globally recognized framework for dispute resolution.[3] Specifically, the idea is to provide a practical way to resolve disputes arising from the low-value, high-volumes transactions worldwide that need a rapid, effective and low-cost dispute resolution response.[4] The Working Group had their 28th session November 18-22, 2013, in which they further drafted procedural rules. Once in general use, this ODR framework will significantly improve international consumer dispute resolution.

The next post will address the pros and cons of ODR as well as current issues and perspectives. Stay tuned!

[1] Arthur Pearlstein, Bryan Hanson & Noam Ebner, ODR in North America, in ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, 431 (Daniel Rainey, Ethan Katsh, & Mohamed S. Abdel Wahab eds., The Hauge: Eleven International, 2012).

[2] ONLINE DISPUTE RESOLUTION: THEORY AND PRACTICE: A TREATISE ON TECHNOLOGY AND DISPUTE RESOLUTION, supra note 1, at 453, 471, 499, 517, 549.

[3] CPR Online Dispute Resolution (ODR) Overview, CPR,www.cpradr.org/AcrossBorders/CPRODROverview.aspx (last visited December 4, 2013).

[4] Id.

Biography


Renée Kolar is a summer intern at Karl Bayer, Dispute Resolution Expert .  Renée is a J.D. candidate at The University of Texas School of Law and holds an undergraduate degree in Applied Foreign Languages from l’Université Stendhal in Grenoble, France.  Renée received her undergraduate degree in applied foreign languages from Stendhal University in Grenoble, France. After living in France and Spain for a total of five years, she returned to Austin to start law school at the University of Texas.  Renée has enjoyed learning about international arbitration and participated in last year’s Willem C. Vis International Commercial Arbitration Competition.  This summer she looks forward to clerking for a local area Arbitrator and Mediator.  In her free moments, Renée likes to tango dance, run, and watch foreign films.



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