Critical Evaluation of the Online Dispute Resolution for Cross-Border Consumer Transaction Under E-Commerce

Abstract

The internet has changed the traditional way people buy, sell and organize business activities in a variety of ways by linking consumers to buyers directly over the Internet. With the strong growth of e-commerce, this e-commerce has evolved into cross-border transaction. As the cross-border e-commerce market grows, the more pronounced legal issues become regarding dispute resolutions. The aim of this study is to first give a comprehensive understanding of e-commerce and its dispute mechanism, and then, to study relevant legal issues and present the points to be considered for development of the uniform rule by studying ODR system around the world. UNCITRAL’s Draft Procedural Rules for Online Dispute Resolution, EU directives on ADR, and EU directives on ODR will be examined to sort out noteworthy issues for international ODR Rule. Additionally, this paper studies what would be the future legislative considerations on ODR for cross-border transaction.