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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 57

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