1 IJODR 57 (2014)
ODR Redress System for Consumer Disputes: Clarification, UNCITRAL Works & EU Regulation on ODR

handle is hein.journals/ijodr1 and id is 59 raw text is: 









ODR Redress System for Consumer Disputes


Clarifications,   UNCITRAL Works & EU Regulation on ODR*

Mirize Philippe*


Abstract

    Despite the evolution and the experience in the field of ODR, it appears that some
    aspects remain to be clarified in order to attempt to determine which type of proce-
    dure would be best adapted to consumer disputes. What does online arbitration
    mean  and is this ODR? What is the profile of the users making use of ODR? What
    mechanisms  are adapted to business disputes and to consumer disputes? Are proce-
    dural issues for disputes resolved through mediation similar to those resolved
    through arbitration? The article discusses about indispensable clarifications which
    may  have an impact on the choice of procedure: mediation or arbitration. It then
    raises issues related to the UNCITRAL ODR WG  discussions on a redress system
    for cross-border consumer disputes and questions whether types of disputes and
    potential mechanisms are not confused. Finally, the European Union which adopt-
    ed a Regulation on ODR for consumer disputes may have found a solution.


Keywords:  consumer  redress, B2C v/ B2B, ODR, UNCITRAL,   EU Regulation.

Online dispute resolution (hereinafter 'ODR') refers to the settlement of disputes
in an  electronic environment  using information  technology. When   ODR   was
booming  towards the end of the 1990s, people involved in the field of ODR start-
ed meeting once  a year since 2000 to discuss various issues related to settlement
of disputes in the electronic environment, share experience, report on new devel-
opments,  suggest best practices and contribute to building this field.' The ODR
meetings  mainly bring together dispute resolution experts, academics, Internet
industry leaders, government officials and members of the judiciary. They will be
referred to as 'actors' in this article.
    At the 12th annual  international congress of the Online Dispute Resolution
Forum,  in June 2013 in Montreal, the author shared some thoughts about clarifi-
cations that are indispensable before proceeding with discussions on instruments
for settlement of disputes online. As indicated on the ODR 2013 Montreal  web-


*   The views expressed are those of the author alone and should not be regarded as representative
    of or binding upon the ICC, the Court or its Secretariat.
**  Special Counsel at the Secretariat of the ICC International Court of Arbitration.
1   For information about the history see E. Katsh, 'ODR: A Look at History', in M.S. Abdel Wahab,
    E. Katsh & D. Rainey (Eds.), Online Dispute Resolution: Theory and Practice - A Treatise on Technol-
    ogy and Dispute Resolution, Eleven International Publishing, The Hague, The Netherlands, 2012,
    p. 21.


International Journal of Online Dispute Resolution 2014 (1) 1


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