Online Dispute Resolution in Asia

by Zhao Yun, Timothy Sze, Chittu Nagarajan, Tommy Li
May 2013

This chapter is from "Online Dispute Resolution Theory and Practice," Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing. The Hague, Netherlands at: www.elevenpub.com.

Asia is a rich and major continent that has excelled in the utilization of ICTs. Whilst many Asian States merit a mention, this chapter shall focus on China, Japan and India as major ODR players in the Asian continent.

The choice of such three states is not only due to their international standing and weight, but also due to the progressive and accelerated development in the invention and implementation of ICT applications, which certainly impacts the development of ODR schemes.

On such account, the chapter shall be divided into three parts; each part shall be devoted to assess the status quo of ODR in one of the three distinguished states, which have three of the highest Internet and mobile phone usage rates in the world.

For example, China has emerged as one of the largest e-commerce giants with more than 457 million Internet users and 277 millions mobile phone Internet users. In Japan, a White Paper entitled “Basic IT Strategy”, released in August 2000 by the Ministry of International Trade and Industry (MITI), has revealed Japan’s ambition to expand its IT infrastructure in support of not only the development of e-commerce, but the eventual implementation of e-Government initiatives.

Attachments

Online Dispute Resolution in Asia (yun_sze_li_nagarajan.pdf)

Biography

Dr. Zhao Yun is an Associate Professor at the Faculty of Law, University of Hong Kong. He holds a Ph.D. (Erasmus University Rotterdam, the Netherlands), LL.M. (Leiden University, the Netherlands), and LL.M., LL.B.(China University of Political Science and Law, Beijing). He specializes in Space Law, Dispute Resolution, International Economic Law, and E-commerce Law.

Timothy Sze LL.B., LL.M., Ph.D., MCIArb., the Hong Kong University of Science and Technology. Dr. Sze is accredited General Mediator and Administrated Panelist at Hong Kong International Arbitration Centre (HKIAC) since 2002, and Asian Domain Name Dispute Resolution Centre (ADNDRC) since 2003. He co-founded China ODR Forum in 2004, one of the earliest ODR initiatives in China to promote the use of ADR and ODR. Tim served as a steering member for the 6th International ODR Forum held in Hong Kong in 2007, his doctoral thesis was on ODR’s development, concepts and theories.

Chittu Nagarajan is currently Head of Community Courts, eBay & PayPal and Chief Mediator and Head of ODRWORLD.com. Chittu holds a first degree in History and a second degree in Law (UK). She has as a Legal Practicing Certificate and is a trained Mediator. Chittu’s passion is in Online Dispute Resolution, Conflict Resolution, Cyberlaws and Intellectual Property. Chittu was responsible for developing the first Online Dispute Resolution service in India and Malaysia, and has been working on the following Online Dispute Resolution sites; ODRWORLD, ODRINDIA, ODRCHINA, and ODRMALASYIA.

Mr. Tommy Li is an IT Expert and Management Consultant.