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Study On Online Dispute Resolution Of International Commercial Disputes

Posted on:2015-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:H Y JiaoFull Text:PDF
GTID:2296330422477860Subject:International law
Abstract/Summary:PDF Full Text Request
Because of the inadequate of litigation and robust alternative dispute resolution,with the efforts of experts and scholars all over the world, a fast, convenient, lowcost mechanism was born. Online Dispute Resolution (ODR) which brings new hopefor online disputes and it also facilitates the international business. ODR solvedisputes primarily combines information technologies and alternative disputeresolution.The full text is divided into five parts. The first part is the introduction of theproblem. The second part introduce the background and the development of onlinedispute resolution mechanisms, it has a specific background, namely, thedevelopment of e-commerce and the deficiency of litigation and ADR to deal withthe online dispute. In this part, it also describes the definition and the advantages ofODR.The third part presents some mature programs of ODR mechanism: onlinenegotiation, online mediation, and online arbitration. And it also respectively list andsome well-known serves mechanisms. It will get an intuitive understanding of ODRby introducing ODR in practice. At the same time, this section focuses on onlinemediation as it’s the most popular program.The fourth part is mainly discussed the inadequate of ODR, it mainly involvesthe legality and validity of ODR, the application of law, lack of trust, and technicalissues. The author also shows the corresponding measures to each question.The final chapter of the article is mainly showed the situation of ODR in China.It also given out the measures encourage the development of ODR in China.
Keywords/Search Tags:Online Dispute Resolution, Mechanism Online Dispute, E-commerce, Online Resolution
PDF Full Text Request
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