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학술논문외법논집2012.11 발행KCI 피인용 8

UNCITRAL ODR: Legal Framework for Global e-Commerce Dispute Resolution

UNCITRAL ODR: Legal Framework for Global e-Commerce Dispute Resolution

Michael J. Dennis(Legal Adviser, United States)

36권 4호, 23~36쪽

초록

The challenge to build a global ODR framework that provides a balanced consideration of competing interests between developed and developing countries is unquestionably difficult. But, as UNCITRAL has recognized, e-commerce cross-border disputes: • will form a significant proportion of complaints in coming years; and • require tailored mechanisms that do not impose cost, delay and burdens that are disproportionate to the economic value at stake. UNCITRAL ODR will be of substantial benefit to developing countries and to the four billion people who do not have access to effective judicial remedies. In these economies, UNCITRAL ODR can create markets for micro businesses and SMEs where none currently exist. At the same time the advantages of UNCITRAL ODR will go far beyond the developing world, and benefit consumers throughout the world through greater choice and lower prices in online transactions, and real access to justice. The time is now to build a global legal framework for ODR to address these challenges and to extend e-justice to people who are not served by existing judicial systems.

Abstract

The challenge to build a global ODR framework that provides a balanced consideration of competing interests between developed and developing countries is unquestionably difficult. But, as UNCITRAL has recognized, e-commerce cross-border disputes: • will form a significant proportion of complaints in coming years; and • require tailored mechanisms that do not impose cost, delay and burdens that are disproportionate to the economic value at stake. UNCITRAL ODR will be of substantial benefit to developing countries and to the four billion people who do not have access to effective judicial remedies. In these economies, UNCITRAL ODR can create markets for micro businesses and SMEs where none currently exist. At the same time the advantages of UNCITRAL ODR will go far beyond the developing world, and benefit consumers throughout the world through greater choice and lower prices in online transactions, and real access to justice. The time is now to build a global legal framework for ODR to address these challenges and to extend e-justice to people who are not served by existing judicial systems.

발행기관:
법학연구소
DOI:
http://dx.doi.org/10.17257/hufslr.2012.36.4.23
분류:
법학

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UNCITRAL ODR: Legal Framework for Global e-Commerce Dispute Resolution | 외법논집 2012 | AskLaw | 애스크로 AI