• Title, Summary, Keyword: Online Dispute

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A Study on the Current Operation and Activation of Online Alternative Dispute Resolution (온라인 ADR의 운영현황과 활성화 방안에 관한 연구)

  • Choi, Seok-Beom
    • Journal of Arbitration Studies
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    • v.18 no.3
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    • pp.91-116
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    • 2008
  • E-Commerce constitutes an important part of all commercial activities. Online Alternative Dispute Resolution(Online ADR) or Online Dispute Resolution(ODR) is a new method of dispute, resolution which, is provided online. Most Online ADR services are alternatives to litigation. In this respect, they are the online transposition of the methods developed in the ADR movement such as negotiation, mediation and arbitration. But there are also online courts which are really normal courts in which the contesting parties communicate essentially online. This paper deals with the current operation of Online ADR and the ways to, activate it. They include (1) die establishment of legal stability regarding Online ADR, (2) the enhancement of system security in providing Online ADR services, (3) the introduction of Online ADR service platform for providing the various services through single window on a national, or global basis, and (4) the introduction of Online ADR online monitoring system for systematic dispute resolution services.

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Online Dispute Resolution for Cross-Border Consumer Disputes (국경넘은 소비자 분쟁에 있어서 ODR)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.25-46
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    • 2015
  • 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.

A Study on the Roles of Arbitration and Online Arbitration in International Cyber Trade (사이버무역에서 중재의 역할과 온라인중재에 관한 연구)

  • Oh Won-Suk;Yu Byoung-Yook
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.61-101
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    • 2004
  • Information and communications technologies are affecting an economic and social transformation of all countries. Without exception international commercial dispute resolution systems are faced with change its mechanism to online technology. Dispute parties can seek redress through arbitration other than litigation or mediation. Traditional dispute resolutions do not match the cyber trade environment which is basically pursuit the speed and efficiency in cyberspace. Arbitration other than resolution methods have been considered to be match with the online environment which is including party autonomy, speed and internationally accepted and binding awards. Traditional arbitration, however is lack of time and different physical location relating all parties. So we now think cyberspace as for the resolving place which is online arbitration. Even the parties exist in different space and time they may meet in the same time and space without moving or trips. Nowadays there are many online arbitration service provider serving the resolution of dispute arising with online transaction. In this paper we study the tendency for online arbitration, the recognize uncertain matters and avoiding programs its matters when use the online arbitration between disputing parties under cyber trade environment.

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Type and Settlement System of Disputes in Electronic Commerce (전자상거래 분쟁의 유형과 해결제도)

  • 이강빈
    • Journal of Arbitration Studies
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    • v.11 no.1
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    • pp.217-245
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    • 2001
  • Like traditional commerce, disputes are bound to arise in the course of conducting an e-commerce transaction. At present of June 30, 2001, 259 cases of dispute on e-commerce have been applied for the mediation of Electronic Transaction Dispute Mediation Committee, types of them are 170 cases of delayed delivery of commodity, 21 cases of contract cancellation and refund, 16 cases of personal information protection, 16 cases of false and exaggerated advertisement, 14 cases of commodity defect. The settlement systems of e-commerce dispute are litigation and Alternative Dispute Resolution(ADR). ADR encompasses mediation, arbitration, and similar private tools for resolving disputes. ADR offers many perceived advantages. Speed of resolution and low cost are often cited as the primary benefits. Therfore e-commerce disputes may be settled more effectively by litigation. The settlement systems of e-commerce dispute by ADR are the mediation of Electronic Transaction Dispute Mediation Committee, the mediation of Consumer Dispute Mediation Commercial Arbitration Board, and the arbitration of Korean Commerical Arbitration Board. E-commerce sets up the probability that its merchants and customers will not exist in the same legal jurisdictions. The confusing application of laws and wide geographical dispersion of these parties will necessitate a faster and cheaper dispute resolution methodology. Therefore, online ADR may be effective for e-commerce dispute resolution. The examples of online ADR opetation are the cyber mediation of Electronic Transaction Dispute Resolution Committee, the cyber mediation of Korean Commercial Arbitration Board, the cyber mediation of Click N Settle, the online ADR of BBB online, and the cyber arbitration of virtual Magistrate.

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A Study on Legal Issues by Practice of Online Arbitration (온라인 중재의 실행에 따른 법적 문제에 관한 고찰)

  • Woo, Kwang-Myung
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.137-158
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    • 2003
  • The rapid growth of electronic commerce increases the potential for conflicts over contracts which have been entered into online(e.g. about price, late delivery, defects, specifications...). Using arbitration as a dispute resolution alternative is becoming increasingly popular especially in cases involving intellectual property rights and technology disputes since speed and secrecy are essential. The use of online dispute resolution(ODR) mechanisms to resolve such e-commerce conflicts is crucial for building business, consumer confidence and permitting access to justice in an online business environment. However, the use of the Internet and the World Wide Web in dispute resolution has an impact on the types of communication implied in the relevant processes(negotiation, mediation and arbitration). This paper deals with legal issues with respect to the practice of online arbitration. The paper begins with a brief introduction to the theories behind arbitration. These sections will be followed by a discussion on the specifics of online arbitration and the problems the process faces online arbitration by the legal community.

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Settlement Solution by ADR on Dispute in Intellectual Property Right

  • Lee, Jae Sung
    • Journal of Arbitration Studies
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    • v.29 no.3
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    • pp.121-140
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    • 2019
  • First, the purpose of this research is to review the Online Dispute Resolution (ODR) regulations in Korea to resolve disputes which can arise in international e-commerce in the near future. Second, this research tries to look for alternative solutions to dispute resolutions according to these regulations. Third, this research pursues to enhance the effectiveness of business deals by providing efficient and satisfactory dispute resolution methods for e-commerce business. Furthermore, this study evaluates the definition of global e-commerce by comparing Online Dispute Resolution (ODR) with Alternative Dispute Resolution (ADR). Through analyzing the domestic ODR system and ADR system, this research could boost the employment of settlements in small-sized disputes through easy and convenient consumer access to both ODR and ADR procedures. The enhancement of the competitiveness of Korean companies in the global market is estimated to take place as a result. This research is estimated to provide benefits to our businesses both domestically and internationally by using ODR regulations and ADR methods. Moreover, this research is anticipated to verify usefulness in terms of consumer protection by advancing consumers' access to dispute solution authorities locally and abroad.

The Responsibility of Related Parties for the Development of Online Dispute Resolution (온라인 분쟁해결의 발전을 위한 관련 당사자의 책임)

  • Ahn, Je-Woo
    • Journal of Arbitration Studies
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    • v.16 no.1
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    • pp.219-251
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    • 2006
  • As the scale of electronic commerce increases more and more, disputes in the electronic commerce also happen more frequently. As the development of electronic commerce is difficult without smooth settlement of dispute, the pursue of smooth settlement of dispute is very important. Regarding smooth settlement of dispute, the way of dispute settlement through Online Dispute Resolution(ODR) is pursued positively nowadays. However the responsibility of related parties still remains to complete such system. This paper divides related parties into the parties(seller, buyer), ODR providers, the neutral dispute resolver, and the governments. Later this paper examines the responsibility of related parties. As related parties complete their own responsibility, electronic commerce may develop more and more. Furthermore through the development of electronic commerce all nations will enjoy mutual benefit.

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The Building Plan of Online ADR Model related to the International Commercial Transaction Dispute Resolution (국제상거래 분쟁해결을 위한 온라인 ADR 모델 구축방안)

  • Kim Sun-Kwang;Kim Jong-Rack;Hong Sung-Kyu
    • Journal of Arbitration Studies
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    • v.15 no.2
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    • pp.3-35
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    • 2005
  • The meaning of Online ADR lies in the prompt and economical resolution of disputes by applying the information/communication element (Internet) to existing ADR. However, if the promptness and economical efficiency are overemphasized, the fairness and appropriateness of dispute resolution may be compromised and consequently Online ADR will be belittled and criticized as second-class trials. In addition, as communication is mostly made using texts in Online ADR it is difficult to investigate cases and to create atmosphere and induce dynamic feelings, which are possible in the process of dispute resolution through face-to-face contact. Despite such difficulties, Online ADR is expanding its area not only in online but also in offline due to its advantages such as promptness, low expenses and improved resolution methods, and is expected to develop rapidly as the electronic government decided to adopt it in the future. Accordingly, the following points must be focused on for the continuous First, in the legal and institutional aspects for the development of Online ADR, it is necessary to establish a framework law on ADR. A framework law on ADR comprehending existing mediation and arbitration should be established and it must include contents of Online ADR, which utilizes electronic communication means. However, it is too early to establish a separate law for Online ADR because Online ADR must develop based on the theoretical system of ADR. Second, although Online ADR is expanding rapidly, it may take time to be settled as a tool of dispute resolution. As discussed earlier, additionally, if the amount of money in dispute is large or the dispute is complicated, Online ADR may have a negative effect on the resolution of the dispute. Thus, it is necessary to apply Online ADR to trifle cases or domestic cases in the early stage, accumulating experiences and correcting errors. Moreover, in order to settle numerous disputes effectively, Online ADR cases should be analyzed systematically and cases should be classified by type so that similar disputes may be settled automatically. What is more, these requirements should reflected in developing Online ADR system. Third, the application of Online ADR is being expanded to consumer disputes, domain name disputes, commercial disputes, legal disputes, etc., millions of cases are settled through Online ADR, and 115 Online ADR sites are in operation throughout the world. Thus Online ADR requires not temporary but continuous attention, and mediators and arbitrators participating in Online ADR should be more intensively educated on negotiation and information technologies. In particular, government-led research projects should be promoted to establish Online ADR model and these projects should be supported by comprehensive researches on mediation, arbitration and Online ADR. Fourth, what is most important in the continuous development and expansion of Online ADR is to secure confidence in Online ADR and advertise Online ADR to users. For this, incentives and rewards should be given to specialists such as lawyers when they participate in Online ADR as mediators and arbitrators in order to improve their expertise. What is more, from the early stage, the government and public institutions should have initiative in promoting Online ADR so that parties involved in disputes recognize the substantial contribution of Online ADR to dispute resolution. Lastly, dispute resolution through Online ADR is performed by organizations such as Korea Institute for Electronic Commerce and Korea Consumer Protection Board and partially by Korean Commercial Arbitration Board. Online ADR is expected to expand its area to commercial disputes in offline in the future. In response to this, Korean Commercial Arbitration Board, which is an organization for commercial dispute resolution, needs to be restructured.

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On-line ADR Method on Electronic Commerce Disputes in Cyberspace (전자상거래 분쟁발생시 사이버공간에서의 대안적 분쟁해결(ADR) 방안에 관한 연구)

  • Kim, Sun-Kwang
    • International Commerce and Information Review
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    • v.5 no.1
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    • pp.159-177
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    • 2003
  • As many kinds of transactions and informations move onto the Internet, methods to resolve dispute arising from this trend must also move onto the Internet. The Internet has heightened interest in Alternative Dispute Resolution(ADR). Some organizations are using the new technology in the field of dispute resolution, for example, by establishing web sites and offering communications through the Internet. Online ADR provides an attractive solution to an important part of the jurisdictional challenges presented by the Internet. This study reviews the types of online ADR as the dispute settlement way in electronic commerce. Especially this paper points out the task that Korea has to promote the online ADR for more effective and efficient dispute settlements.

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On the Use of Legal Measures to entice Participation in Online Dispute Resolution System (ODR 시스템으로의 사용자 참여유인을 위한 법적 장치의 활용)

  • Kim, Sun-Kwang
    • International Commerce and Information Review
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    • v.10 no.1
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    • pp.279-293
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    • 2008
  • The number of participants in an online dispute resolution(ODR) system is crucial to its survival. Securing participation is nonetheless difficult. Clearly, it is important to offer a system that is fair, transparent and offers an efficient service at low cost. These factors are fundamental to ensure trust and to build a returning customer base to the system, but are not what attracts a party to submit a dispute for settlement. This paper describes and discusses four main categories of legal measures found in the online dispute resolution services offered by SquareTrade and WIPO. In spite of shortcomings in the offered, the legal measures have contributed to attract large numbers of participants. Large participation secures the long-term economic viability of an online dispute resolution system. The four categories of legal measures described and discussed in this paper need to be part of the specifications and the design and development of future ODR system.

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