A Review of Issues in the Development of Online Dispute Resolution (ODR) from the Perspective of E-Commerce Disputes
DOI:
https://doi.org/10.53469/jsshl.2024.07(03).10Keywords:
Online dispute resolution mechanism, Electronic commerce, Practice development, ODRAbstract
With the development of Internet technology, the era of interconnection, the efficiency, simplicity of the internet are more and more prominent, and e-commerce transactions have reached an unprecedented scale. E-commerce as well as mobile payment has become the main way of people's daily life shopping, e-commerce law is generated at the same time, online dispute resolution mechanism is precisely in this energy background came into being. Online Dispute Resolution (ODR), as an emerging dispute resolution mechanism worldwide, is considered to be a mechanism of Alternative Dispute Resolution (ADR) linked to Information and Communications Technology (ICT). It is regarded as a brand new dispute resolution method formed by Alternative Dispute Resolution (ADR) linked with Information and Communications Technology (ICT). This paper aims to make a preliminary discussion on ODR, and then puts forward some suggestions on the development of ODR in China, so as to promote the improvement and development of China's online dispute resolution mechanism.
References
Ou Dan: ‘The status quo and countermeasures of cross-border e-commerce business disputes I. Zhejiang as an example’, Journal of Heilongjiang Cadre College of Politics and Law Management, Issue 1, 2017, p. 69.
Hu Xiaoxia: ‘The Realistic Dilemma of the Development of China's Online Dispute Resolution Mechanism and the Future Way Out’, Law Forum, Issue 3, 2017.
Shi Jianzhong:The Core Mission, Challenges of the Times and Development Suggestions of the Internet Court, People's Court News, 2020-10-10
Gu Peidong, ‘Individual Judge Orientation or Overall Court Orientation - The Basic Mode Choice for the Construction and Operation of China's Courts’, Legal Studies, No. 1, 2019.
Zheng Shibao: ‘The Dilemma and Countermeasures of Online Dispute Resolution Mechanism’, Journal of Western University of Political Science and Law, No. 6, 2013, p. 45.
Sun Xirong, ‘Research on Legal Issues of Online Dispute Resolution Mechanism ’, LLM thesis of Heilongjiang University 2017, pp. 21--23.
Zhao Yunfei, ‘Legal Dilemma and Solution of ODR in Cross-border E-commerce’, LLM thesis of Capital University of Economics and Business, 2018, p. 9.
Long Fei, ‘The Development Status and Future Prospects of Online Dispute Resolution Mechanism in Plants and Countries’, Law and Application, No. 10, 2016, p. 6.
Chenghun. The Interface between Online Dispute Resolution Mechanism and China's Mechanism for Pluralistic Settlement of Contradictory Disputes [J]. Law and Application, 2016 (2): 55-62.
China International Economic and Trade Arbitration Commission (CIETAC) Online Arbitration Rules http://www.ccpit.Org/contents/ChnneL3535/2014/0519/403778/content_403778.htm
Data source: http://www.100ec.cn/zt/2019yhtsbg/; last accessed: 13 November 2020 .
Data source: E-Commerce Research Centre Monitoring Data http://www.100ec.cn/detail--654866; last accessed: 15 April 2023 .
Data source: E-Commerce Research Centre monitoring data http://www.100ec.cn/detail--654866, last accessed: 15 April 2023 .
Data source: ‘Interpretation of Judicial Big Data on Online Shopping Contract Disputes’, People's Republic of China Supreme People's Court Website http://www.court.gov.cn/fabu-xiangqing-88812.html , last accessed on 13 November 2020.
See Taobao Rules, http://rule.taobao.com/index.htm, last accessed: 16 November 2020.
‘Analysis of the Effectiveness of Internet Courts’, China Court Network, http://www.chinacourt.org/article/detail/2020/10/id/5543501.shtml, last accessed 15 April 2023.