Chasm in UNCITRAL’s work on framework for online dispute resolution
Chasm in UNCITRAL’s work on framework for online dispute resolution

Summary/Abstract: Online dispute resolution (ODR) has been the focus of interest for some time in regards to handing low-value cross-border disputes. While ODR has been proven successful in several initiatives for disputes with international elements, only the European Union introduced a regulation on a supranational level. Recognised as a potential solution for disputes coming out of the cross-border low-value transaction on a global scale, UNCITRAL has endeavoured to propose a framework for ODR that would apply to both consumer-to-business and business-to-business disputes. After several years of negotiation within UNCITRAL’s Working Party III, the significant divide between the United States on one side and the EU, Canada, and Japan on another side, had not been breached. The work and negotiations resulted in the Technical Notes on Online Dispute Resolution, based on the aspects of the ODR processes for which consensus has been reached. This paper aims to illustrate the negotiation phases and different approaches which ultimately produced a non-intended result and to shed the light on the underlying reasons behind the stalemate in the work of UNCITRAL.

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