Online Dispute Resolution Platforms Essay

854 WordsAug 16, 20154 Pages
Online dispute resolution is a mechanism for resolving disputes facilitated through the use of electronic communications and other information and communication technology .The ODR platform refers to a system for generating, sending, receiving, storing, exchanging or otherwise processing communications between the disputing parties[1], other than the computerization of the current court system[2]. ODR is intended for use in the context of disputes arising out of cross-border, low-value transactions conducted by means of electronic communication. There are proposed UNCITRAL rules that are designed to create a safe, predictable legal environment for transactions, to ensure traders’ confidence in the online market, designed to be able to facilitate micro, small and medium-sized enterprises’ access to international markets through electronic commerce and mobile electronic commerce. For this to apply the parties to a sales or service contract concluded using electronic communications have, at the time of a transaction, explicitly agreed that disputes relating to that transaction and falling within the scope of the Rules shall be resolved under the Rules. General procedure ODR proceedings shall be deemed to commence when, following communication to the ODR administrator of the notice by the claimant, the administrator notifies the parties of the availability of the notice at the ODR platform. The respondent shall communicate to the ODR administrator a response to the notice in accordance within seven days of being notified of the availability of the notice on the ODR platform. The response to an ODR notice may include one or more counterclaims provided that such counterclaims fall within the scope of the Rules and arise out of the same transaction as the claimant’s claim. The claimant may respond to any counterclaim within seven days of being notified of the

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