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Online Dispute Resolution for Cross-Border Consumer Disputes

국경넘은 소비자 분쟁에 있어서 ODR

  • 성준호 (가천대학교 법과대학, 성균관대학교 법학연구소, 한국중재학회)
  • Received : 2015.02.07
  • Accepted : 2015.02.26
  • Published : 2015.03.02

Abstract

Cross-border consumer disputes are on the increase as cross-border trade between consumers and businesses continues to grow. Cross-border consumer disputes are difficult to solve, because there are different languages, laws and institutions between the parties. These consumer disputes can be solved more easily by Online Dispute Resolution (ODR) in comparison with utilizing court processes. ODR is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). On 18 June 2013, the new legislation on Alternative Dispute Resolution and Online Dispute Resolution has been published - the "Directive on Consumer ADR and Regulation on Consumer ODR". The new legislation on ADR and ODR will allow consumers and traders to solve their disputes without going to court, in a quick, low-cost and simple way. The United Nations working group for online dispute resolution of cross-border electronic commerce transactions (UNCITRAL Working Group III) has been underway since 2010 to continue its work on procedural rules for ODR.

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Cited by

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  2. An Empirical Approach to the Factors of Successful Mediation in Consumer Disputes vol.47, pp.1, 2015, https://doi.org/10.15723/jcps.47.1.201604.245
  3. A study on the use of the Artificial Intelligence and its legal meaning in the process of Online Dispute Resolution vol.17, pp.2, 2015, https://doi.org/10.16960/jhlr.17.2.201606.81
  4. 의료관광 분쟁에 관한 연구 : 외국인환자 유치업체를 중심으로 vol.26, pp.4, 2015, https://doi.org/10.16998/jas.2016.26.4.111