Disputes in International E-Commerce and Dispute Resolution through an Online Dispute Resolution (ODR) System: Background and Basic Perspectives from Conversations in UNCITRAL

국제전자상거래로 인한 분쟁과 ODR를 통한 분쟁해결 - 유엔상거래법위원회에서의 논의 배경 및 기본적 시각을 중심으로 -

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.