2019 Volume 4 Issue 1
Creative Commons License

Legal Issues Arising in Online Dispute Resolution ‎Systems


Fahimeh ABEDI
Abstract

These days, the Internet activity has become one of the routines of everyday life of people ‎around the world. Its growth has created an ideal platform for business transactions ‎particularly between the parties far away from each other. Although business to consumer ‎‎(B2C) e-commerce has been influenced positively by this trend, each online transaction ‎might lead to transaction disputes as their offline versions. It has been recognized that ‎Online Dispute Resolution (ODR) is helpful in solving online disputes. ODR combines the ‎advantages of Alternative Dispute Resolution (ADR) and those of the new information ‎technology to reduce the cost. Accordingly, there is no need for traveling and the parties ‎can participate from different locations in ODR and present their documents in a written ‎form including email attachments along with copies fees and postal charges avoidable. ‎Moreover, there is no limitation in terms of time in ODR since it is available 24 hours a ‎day, 7 days a week around the world removing the potential problems of time zone ‎descriptions. Although ODR has many advantages over traditional dispute mechanisms, ‎some of its characteristics pose fundamental problems. In this study, in terms of ‎methodology, content analysis as well as comparative and jurisprudence approaches have ‎been used. It focuses on the legal issues in consumer ODR including the enforcement of ‎outcomes, publication and confidentiality, the significance of trust and redress mechanism, ‎and the security and inequality of bargaining power in B2C disputes. Based on the results, ‎this paper will make recommendations on how to improve ODR systems and enhance ‎consumer protection in online transactions. 


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