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6 IJODR 138 (2019)
APEC Online Dispute Resolution Framework

handle is hein.journals/ijodr6 and id is 140 raw text is: 








APEC Online Dispute Resolution Framework

Michael J. Dennis*


Abstract

    The Internet and communications technology are changing every aspect of our
    lives. Now ODR is set to revolutionize commercial dispute resolution across APEC
    with the adoption of a new ODR Collaborative Framework. In this article, we will
    look at the challenges APEC small businesses face today and how the APEC ODR
    Collaborative Framework provides a much-needed solution to improve justice and
    boost trade.


Keywords: APEC, ODR, e-Commerce, small business, dispute resolution.


1 The Promise of ODR

Imagine you are a small vendor embroiled in a dispute with a foreign business in
Asia-Pacific Economic Cooperation (APEC). You argue back and forth but cannot
find a common solution. You feel annoyed and frustrated and at the same time
worry about your business relationship. So you ask Apple Siri - or Google or
Alexa - 'What do you think a fair resolution to this dispute is?' Siri searches
through millions of cases and says: 'A fair resolution is a full payment for your
product and shipping costs.'
    What we are describing here is the not distant future. In fact, online dispute
resolution (ODR) providers already offer this service for certain types of dis-
putes.1
    The Internet and communications technology are changing every aspect of
our lives. Now ODR is set to revolutionize commercial dispute resolution across
APEC with the adoption of a new ODR Collaborative Framework. In this article,
we will look at the challenges APEC small businesses face today and how the
APEC ODR Collaborative Framework provides a much-needed solution to
improve justice and boost trade.


*   Private International Law Consulting, ODR Advisor to the APEC Economic Committee.
1   Some ODR platforms like Modria, FairClaims and Smartsettle already offer negotiation assist-
    ance providing suggestions on potential solutions for certain types of disputes. eBridge China
    Research Institute announced at Cyberweek 2019 that it is launching an Al-driven platform for
    ODR of trademark disputes. The challenge of developing such a tool in an ODR platform more
    broadly for sales and service contracts is to accumulate a sufficient amount of digital data about
    similar cases to support the generation of statistically reliable results. See Jean-Frangois Roberge
    & Veronique Fraser, 'Access to Commercial Justice: A Roadmap for Online Dispute Resolution
    (ODR) Design for Small and Medium-Sized Business (SMEs) Disputes', December 2018.


138                                  International Journal of Online Dispute Resolution 2019 (6) 2
                                               doi: 10.5553/IJODR/235250022019006002003