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The Drafting Idea of UNCITRAL ODR Rules and ODR Enforcement Practice in China

Part Name
Articles
Title
The Drafting Idea of UNCITRAL ODR Rules and ODR Enforcement Practice in China
Author(s)
Lifan Yang and Jianzheng Yang
Publication Year
30-Nov-2018
Citation
Vol. 8 Issue. 2, 2018
Keyword
ODR; Cross-border e-commerce; China
Type
Article
URI
http://www.klri.re.kr:9090/handle/2017.oak/6480
Abstract
ODR is an important method to solve online transaction disputes in Crossborder Electronic Commerce. On December 13, 2016, the UN General
Assembly adopted the UNCITRAL Technical Notes on Online Dispute
Resolution. The paper introduces the proposal by the Chinese delegation based
on process analysis. Disputes between buyers and sellers in online transactions
should first be resolved through trading websites. If not, the ODR process is to
be started and negotiation with guidance of the neutral party is done. If there is
no solution, the neutral guides the buyer and seller to choose a solution that is
suitable for both parties, including arbitration, neutral advice, litigation, etc.
China actively implements Technical Notes on Online Dispute Resolution. The
paper also summarizes two application models: ODDRP and NAPGAC and
highlights their characteristics.
Table Of Contents
Ⅰ. Basic Information on the ODR Rules Drafting
Ⅱ. Proposal by the Chinese Delegation based on Process Analysis
A. Comparative analysis of the advantages and disadvantages of
Track I and Track II
B. Analysis of ODR process
C. The proposal of China
D. The birth and development of ODR in China
E. Application flow and characteristics of ODR in China
F. Directions for further development
Ⅲ. Conclusion
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