Regulatory Regime for Online Dispute Resolution: Current Forms and Future Development

Abstract

Online Dispute Resolution (ODR) makes use of modern information technology to facilitate dispute resolution through negotiation, mediation, arbitration and litigation. For a long time, self-regulation is believed to be the guiding principle for the development of ODR forms. Under this regulatory regime, ODR develops rather quickly, but relevant ODR platforms lack sustainability. The only successful example is the domain name dispute resolution regime represented by the Uniform Domain Name Dispute Resolution Policy (UDRP). To ensure healthy and sustainable development of the ODR, it is necessary for the international society to consider the possibility of setting up an appropriate regulatory regime. The United Nations Commission on International Trade Law (UNCITRAL) took the initiative to draft guiding rules for ODR. This Chapter examines the existing forms and processes of ODR, and analyses the necessity of a regulatory regime for ODR, followed by the discussions on the UNCITAL regulatory efforts. By identifying the problems and loopholes in the current regulatory regime, this Chapter puts forward suggestions on how to improve the current situation and push further development of ODR.