International Commercial Online Dispute Resolution: Just procedure through the internet.

摘要

Dispute resolution procedures that use Information Communication Technology (ICT) are generally referred to as "Online Dispute Resolution" or "ODR." International Commercial Online Dispute Resolution (ICODR) claims to provide a fair and efficient mechanism for dispute resolution, promising easy access, convenience, low expense, fast resolution, without the costs associated with a personal appearance. Despite its promise, ICODR has not been as popular as expected, perhaps because ineffective regulation has produced both uncertainty and a lack of confidence as found in the empirical research of the Uniform Domain Name Dispute Resolution Policy (UDRP) proceedings. There have been many proposals to regulate ICODR appropriately, which can be classified roughly into three types: the private regulation approach, the public regulation approach, and the hybrid regulation approach. Assuming the hybrid regulation approach is appropriate and effective, this research proposes two key ideas to regulate ICODR: trustmark accreditation system and transnational networking system.