Study Of UNCITRAL "Online Dispute Resolution For Cross-border Electronic Commerce Transactions:Draft Procedural Rules"

Abstract:The forty-third session of the UNCITRAL had reviewed a note submitted by the Secretariat from 21st June to 9st July 2010 regarding the issue of online dispute resolution, which agreed that the Third Working Group should be responsible to do research on the legal standards regarding online dispute resolution for cross-border electronic commerce transactions and undertake work in the field of online dispute resolution relating to cross-border electronic commerce transactions.As of April 2015, "draft procedural rules" has been discussed for five years and formed the ninth amendment draft. It is closely complete and the research is of great value.The study on "draft procedural rules"is divided into three parts in this paper. The first part is the Overview of "draft procedural rules", this section introduces the existing online dispute resolution model and analyses its downside profoundly;on this basis illustrates the rules-making process from both the practical requirement of global online dispute resolution mode and how the rules is made; Finally, by analyzing the purposes, principles, the main content and features of the rules, make a comprehensive description of "draft procedural rules". The second part analyses and illustrates six key controversial issues mainly are the scope of "draft procedural rules", how to create the framework of global online dispute resolution system, issues regarding neutrals, the costs of global online dispute resolution system, confidentiality and security issues in communication and implementation issues. The third part is the expected impact of "draft procedural rules"and its implications for China. It predicts and analyses the impact of the legislation and implementation of these rules, and discusses the revelations to China combined with the development status and existing problems of online dispute resolution mechanisms in China."Draft procedural rules" is fundamentally a comprehensive procedure of online dispute resolution, which involves multiple continuous dispute settlement methods, namely negotiation, mediation and verdict or recommendation made by neutral party, in the meantime, reconciliation exists throughout the whole dispute resolution. "Draft procedural rules"provides a new vision and method to solve low-price online dispute in cross-border electronic commerce transactions efficiently and rapidly. The draft is the outcome of all members of the Committee, once adopted, it will be applied to solve the online dispute in cross-border electronic commerce transactions. E-commerce is developing rapidly in China, the existing online dispute resolution mechanism is still in the early stage of its development, there are many aspects to be perfected, we should study the draft seriously, and participate in the formulation of the rules actively to reflect the demands of developing countries and play its function better combined with China's current national conditions, promoting the further development of our country and even the world's cross-border electronic commerce transactions.This article attempts to make innovation in the following aspects:firstly, elaborate the formulation process, system design and characteristics of "draft procedural rules" systematically for the first time combining the latest minute in 2015; secondly, analyze six important controversial issues in "draft procedural rules" combining with minute and my understanding; thirdly, according to the situation of cross-border electronic commerce transactions online dispute resolution mechanism in our country at present, provide some ideas on the construction of China's cross-border electronic commerce transactions online dispute resolution mechanism.