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A Fresh Look at Online Dispute Resolution (ODR) and Global e-Commerce:
Toward a Practical and Fair Redress System for the 21st Century Trader
(Consumer and Merchant)

 

Monday, March 29, 2010

9:30-10:00

Opening Remarks

 

Renaud Sorieul, The Secretary, UNCITRAL

Louis Del Duca, Professor of Law, Dickinson Law School, Penn State and Executive Director, Global Consumer Law Forum

Vikki Rogers, Director, Institute of International Commercial Law, Pace Law School

10:00-11:30

Technology and Its Impact on B2B and B2C Transactions in the Global Market Place

Topics for consideration:

  1. Defining and mapping a global e-commerce transaction. 
  2. The history of B2B and B2C global e-commerce transactions over the last 10 years – future trends for these transactions over the next 10-40 years.
  3. Intrinsic differences between B2B and B2C transactions.
  4. Emergence and future role of m-commerce; regulatory framework for m-commerce.
  5. What is the current and future role of intermediaries in a global e-commerce transaction (i.e., banks, credit card associations, mobile companies, search engines).
  6. Interoperability of technologies – current and future trends (including computer v. mobile phone interfaces).
  7. Implications of the interactive web.
  8. What do private and government sponsored research studies tell us about global e-commerce – obstacles and future trends.
  9. Special procedures for high volume/low cost transactions.

Moderator

Timothy Lemay, Principal Legal Officer, UNCITRAL

Jeffrey Aresty, President, Internet Bar Institute, Research Fellow, Center for Business Ethics, Asst. Adj. Professor, Dept. of Law, Tax and Financial Planning, Bentley University

CécileBarayre, Economic Affairs Officer, ICT Policy Section, Science, Technology and ICT Branch, United Nations Conference on Trade and Development (UNCTAD) Click here for additional material.

Ayo Kusamotu, Partner, Kusamotu & Kusamotu, Nigeria

Scott Cooper, Vice-President, Policy and Government Relations, American National Standards Institute

Claro V. Parlade, Director for Software Policy, Asia Pacific, Business Software Alliance

11:30-12:30

Legal Framework for E-Commerce Transactions: Domestic and International

Topics for consideration:

  1. What international instruments and payment systems exist to regulate and facilitate e-commerce. 
  2. Have regional norms developed to regulate e-commerce.  Do they reflect a consensus of the legal approach amongst the states in the region.  What are the principle differences in these regional approaches.
  3. What are the latest inter-governmental developments on Rules/Guidelines for E-Commerce (e.g., revision to the OECD Guidelines).

Moderator

John D. Gregory, General Counsel, Policy Division, Ministry of the Attorney General (Ontario)

Hans Schulte-Nölke, Professor of Law, University of Osnabrück, Chair for Civil Law, European Private and Business Law, European Legal History, Germany Click here for additional material.

EhabMaher Elsonbaty, Legal Expert, H.H. Legal Advisor Office,  Amiri Diwan, State of Qatar

Abdoullah Cisse, Professor of Law and Vice-Chancellor, Université de Bambey

12:30-2:00

Lunch

2:00-3:00

Legal Framework for E-Commerce Transactions: Domestic and International (continued)

Moderator

John D. Gregory, General Counsel, Policy Division, Ministry of the Attorney General (Ontario) 

Christine Riefa, Professor of Law, Brunel Law School

Brigitte Acoca, Administrator, OECD Secretariat’s Consumer Policy Unit Click here for additional material. Click here for handout.

Michael Dennis, Attorney Advisor, Private International Law, Office of Legal Advisor, US Department of State

3:00-5:00

Existing Dispute Resolution Mechanisms for Cross-Border B2B and B2C Transactions: Serving State, Business and Consumer Interests?

Topics for consideration:

  1. Current role of the courts in the resolution of cross-border transactions.
  2. What formal and informal private and public (by states or inter-governmental bodies) online dispute resolution mechanisms have developed for B2B and B2C transactions. 
  3. Are domestic ODR systems being used for cross-border disputes.
  4. How is enforcement satisfied  (trust seal programs, escrow accounts, bonds, charge-back systems).
  5. What roles do the intermediaries play in the resolution of B2B and B2C disputes.
  6. Use of mediation and evaluation process.
  7. Role of pre-dispute agreements vs. post-dispute agreements.
  8. Do the current systems satisfy state, merchant and consumer needs; what gaps exist. 
  9. What impact does the existence, legitimacy and operation of a dispute resolution process have on the psychology of a global e-commerce transaction.

Moderator

Gail Hillebrand, Financial Services Campaign Manager, Consumers Union

Charlie Underhill, Senior Consultant – Special Projects, Council of Better Business Bureaus Click here for additional material.

Michael Mcllwrath, Senior Counsel Litigation, General Electric

XU Junke, Professor of Law and Associate Dean of International Law, China Foreign Affairs University Click here for additional material.

Hugh Stevenson, Deputy Director for International Consumer Protection, US Federal Trade Commission

Takashi Enomoto, Chair, Global Business Dialog on Electronic Commerce

Colin Rule, Director of Online Dispute Resolution, eBay and PayPal

Tuesday, March 30, 2010

9:30-11:15

ODR and the Administration of Justice: Balancing Individual, State and Private Sector Interests in the Dispute Resolution Process

Topics for consideration:

  1. Role of the State with regard to the development of an ODR system for B2B and B2C transactions (e.g., model rules for procedure, model rules impacting payment systems, providing consumer support, creation of administrative tribunals, providing clearing house for private ODR providers, licensing and auditing of private ODR providers (via establishment of baseline requirements for ODR system, role in enforcement & recognition of the award).
  2. Do private ODR systems satisfy state, business and consumer interests.  Could shortcomings be satisfied by government systems.
  3. Roles of government, intermediaries and private sector in the development of a dispute resolution system.
  4. How states diverging perspectives on consumer rights impacts the development of an ODR system.

Moderator

Sieg Eiselen, Professor of Law, University of South Africa

Norbert Reich, Professor of Law Emeritus, University of Breman

Mary Hiscock, Professor of Law, Bond University

Mark MacCarthy, Professor of Law, Communications, Culture & Technology, Georgetown University

Mohamed Salah Abdel Wahab, Senior Partner, Zulficar & Partners Law Firm

Thomas Schultz, Executive Director, Geneva Master in International Dispute Settlement

11:15-12:30

Practicalities of Establishing a Global ODR System

Topics for consideration:

  1. Use of negotiation, mediation and arbitration ODR.  Other ODR evaluation options. 
  2. Centralized office or regional offices.  To be established by governments, UN or private sector.  Auditing of systems by national governments.
  3. Role of intermediaries in development and administration.
  4. Relationship between ODR system and payment systems.
  5. Accounting for amount in dispute; change in system or rules.
  6. How to deal with uncooperative merchants.
  7. Considerations for differences in language and culture.
  8. Advisory Board to oversea ODR system.
  9. Formation of an arbitration agreement.
  10. Appointment of arbitrators; challenges to arbitrators.  Maintaining impartiality in a private sector system.
  11. Final biding or non-binding awards.
  12. Publication of awards; transparency of system.
  13. Length of average proceeding.
  14. How to resolve non-monetary aspects of dispute.

Moderator

Tim Cummins, President, International Association for Commercial and Contract Management

Frank Fowlie, ICANN Ombudsman, Internet Corporation for Assigned Names and Numbers

Colin Rule, Director of Online Dispute Resolution, eBay and PayPal

MirézePhilippe, Special Counsel, International Chamber of Commerce

12:30-2:00     

Lunch

2:00-5:00

Practicalities of Establishing a Global ODR System (continued)
Topics for consideration:

Organization of ODR system (continued)

Enforcement:

  1. Realities/obstacles of enforcement of ODR awards in domestic courts.
  2. What law applies in domestic court for the review of ODR awards, e.g., New York Convention or other domestic laws.
  3. Alternatives to judicial enforcement of an ODR award. 
  4. Use of intermediaries (payment systems) for enforcement.
  5. Relevance of a non-binding v. binding award for high volume, low value disputes.
  6. Right to appeal.  Creation of an international appellate review body.

Moderator

Tim Cummins, President, International Association for Commercial and Contract Management

Organization of ODR System:

Ricardo Sandoval Lopez, Professor of Law, University of Concepcion, Chile Click here for presentation in Spanish.

Julia Hörnle, Senior Lecturer in Internet Law, Queen Mary School of Law, University of London

Eric A. Caprioli, Partner, Caprioli & Associés

Enforcement:

Hans Micklitz, Professor of Law, European University Institute

Tamas  Molnar, Head of Unit, Enforcement and European Consumer Centres, Directorate-General

Ramon M. Mullerat, President, Association for the Promotion of Arbitration, Barcelona Click here for additional material.