온라인분쟁해결(ODR)에 관한 국제적 합의를 위한 노력과 2016년 UNCITRAL 최종안

Abstract

EU or UN tried to make common regulation regarding ODR, and they recently they have succeeded. UN determined establishment of Working Group Ⅲ, WG Ⅲ) to begin works in online disputes resolutions in forty-third session. In thirty-third WG Ⅲ session in March 2016, WG Ⅲ finalized Technical Notes on Online Dispute Resolution (hereinafter “Technical Notes”) after twelve times of deliberation, submitted the Technical Notes to forty-ninth session, and forty-ninth session adopted the Technical Notes. UN’s ODR Technical Notes in 2016 is meaningful in terms of that it is the first official document regarding ODR, which adduce international standard. Even if it is uncertain that how much it would be effective, it is anticipated to function as a soft law. Finally, we took the first step to resolve international e-commerce disputes effectively. However, as ODR industry develops, ODR Technical Notes may occur some problems since it doesn’t specify validity of prior arbitration consent and executive force during the post resolution phase. Plus, it specifies itself as non-binding. Recently, media reports that it is likely to resolve all customers’issues arisen from cross-border transactions with ODR. Notwithstanding existence of ODR, it is not possible to resolve all disputes with ODR since each country has differences on application measure of law, definition of customer, protective system, or law itself. In this regard, the problems will arise while vitalizing ODR in work-level phase. Accordingly, research related to practical affairs will be needed the most while tracking progress upon vitalization of domestic ADR institution and adoption of ODR policies, and research on direction of International regulation regarding ODR also need to be continued.