ODR for E-Commerce: Legal Standards and Developments in Asia and Europe

This chapter discusses the recent legal developments in the field of e-commerce and ODR at national and regional level. To that end the chapter starts first by discussing the main international initiatives –namely the United Nations Commission on International Trade Law (UNCITRAL) Technical Notes for ODR, the revised United Nations Guidelines for Consumer Protection, the United Nations Convention on the Enforcement of International Settlement Agreements Resulting from Mediation (Singapore Convention), and the Asia Pacific Economic Cooperation (APEC) Collaborative Framework for Online Dispute Resolution. Secondly, the chapter provides updates on key regional and national developments in the field of ODR for e-Commerce in Asia and in Europe. Finally, this chapter critically discusses the EU ODR regulatory framework which sets up an ODR platform to facilitate the resolution of national and cross-border consumer disputes arising out of e-commerce transactions. It is observed that the EU ODR platform is not carrying out the main function for which it has been designed –namely, the referral of unresolved consumer complaints to nationally approved ADR entities– and its design is currently undergoing significant changes that seek to increase the effectiveness for its users.