The Research On Cross-border E-commerce Dispute Resolution

With the rapid development of Internet,e-commerce is rising day by day,which provides great convenience for our life.However,when we enjoy this kind of convenience,we will inevitably have disputes because of such issues as product quality,transportation,price,etc.Among them,cross-border e-commerce disputes are more complicate.Because of the different jurisdiction,different application of law,difficulties in recognition and enforcement of judgments,low amount of e-commerce cases and high cost of traditional dispute resolution,the traditional dispute resolution is difficult to continue to be used.If an effective dispute resolution mechanism could not be guaranteed,it will influence the confidence of the weak party(usually consumers)in the field of e-commerce,and then influence the development of the market.Therefore,it is necessary to find a reasonable cross-border e-commerce dispute resolution mechanism.Online Dispute Resolution(ODR)has a good application prospect under such a background.For example,the EU has set up a unified ODR platform to deal with cross-border e-commerce disputes,the United Nations Commission on international trade law has set up the third working group to focus on the field of ODR,aiming to establish relevant procedural rules.The characteristics of low cost and high efficiency of ODR have natural advantages for the settlement of cross-border e-commerce disputes.However,similar to the traditional dispute resolution mechanism,ODR could not effectively deal with the problem of implementation although it provides convenience for cross-border e-commerce dispute resolution.The difficulty of enforcement in cross-border e-commerce disputesmainly lies in that the settlement agreement,conciliation statement and arbitration award depend on the conscious performance of the business.Generally,the settlement agreement and conciliation statement do not have the force of enforcement.Even if the arbitration award can be recognized and implemented in accordance with the New York Convention,the economic cost and other factors will make the consumers flinch.The indirect execution mechanism,represented by the credit mark and the third-party agency dealing with the money transaction,plays a certain role in the implementation of cross-border e-commerce.In addition,with the development of science and technology,the smart contract based on blockchain technology has gradually come to our attention.Using its automatic execution mechanism may provide us with new ideas to solve the execution difficulty.In the latter half of the article,according to the existing dispute resolution mechanism and implementation mechanism,combined with new technology,the author puts forward the idea of building a future cross-border e-commerce dispute resolution system in China.The establishment of a dispute resolution system with the whole process from pre dispute prevention to post decision implementation can effectively deal with cross-border e-commerce disputes could boost consumer confidence and promote the rapid development of the e-commerce and then promote the economic development of our country.This paper is divided into five chapters.The first chapter is mainly to sort out the meaning,characteristics and current situation of cross-border e-commerce and its disputes.This chapter expounds the main problems to be solved in this paper,and systematically summarizes the international and domestic situation of this problem.The second chapter mainly introduces the traditional settlement mechanism of cross-border e-commerce disputes,including cross-border litigation,international commercial arbitration,international commercial mediation and other conventional settlement mechanisms,as well as European small claims procedures,platform internal settlement and other special settlement mechanisms.For each settlement mechanism,this chapter makes a more detailed evaluation and analysis,and analyzes whether it can be effectively applied to the current cross-border e-commerce dispute resolution.The third chapter mainly introduces the new cross-border e-commerce dispute resolution mechanism ODR,and makes a comprehensive and detailed analysis of the meaning,background,mode,advantages and disadvantages,international application,China's application and how to improve ODR.The fourth chapter focuses on the implementation of the dispute resolution mechanism of cross-border e-commerce.The difficulty of implementation has always been a major problem that plagues the dispute resolution.This chapter mainly introduces some more useful indirect implementation mechanisms,such as credit rating.In addition,it also analyzes the possibility and advantages of applying the new technology which based on the latest smart contract technology to the implementation.The fifth chapter is the conception of the dispute resolution mechanism of cross-border e-commerce in the future in China,and build a whole process dispute resolution system from pre dispute prevention to post effective implementation.