Jurisdiction, Sovereignty and the Creation of a Global System for Online Dispute Resolution - Journal of Technology in International Arbitration - Vol. 1, No. 1

Author(s):

Julia Salasky

Page Count:

32 pages

Media Description:

1 PDF Download

Published:

June, 2015

Jurisdictions:

International,

United States,

Europe,

Spain,

Practice Areas:

International Character of Dispute,

International and Transnational Law,

Choice of Forum/ Place of Proceedings,

Standard and Model Arbitration Clauses,

ADR,

Applicable Law,

Dispute Resolution & Litigation,

Enforcement of Arbitral Awards,

HKIAC,

CIETAC,

National Legislation

Tags:

Lex Arbitri

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Description:

Originally from Journal of Technology in International Arbitration

Preview Page

I. INTRODUCTION

The online resolution of disputes arising out of e-commerce

transactions – online dispute resolution (ODR)1 – as it currently

exists in the global marketplace is a fragmented and dynamic

field. The UN Commission on International Trade Law

(UNCITRAL) has, since 2010, been undertaking work intended to

address a perceived lack of judicial recourse for low-value, crossborder

electronic commerce-generated disputes. What has

emerged from the Commission’s multilateral debates are

questions of jurisdiction and sovereignty that are peculiar both to

alternative dispute resolution, and to its place in the internet

space.

A. A fragmented field

Commerce generates disputes, and e-commerce is no

different. And as in the offline world, where a brick and mortar

retailer might permit returns of faulty goods within a certain time

period, many e-retailers have developed resolution systems to

increase consumer satisfaction, and foster that elusive concept in

the online world – trust. Indeed it is in part a result of the
response to specific business needs that online dispute resolution