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Artificial Intelligence and the Virtual Multi-Door ODR Platform for Small Value Cross-Border e-Commerce Disputes

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초록

In recent times, the volume of cross-border e-commerce has witnessed an upward trend and has been accompanied by increased disputes, with cross-border e-commerce being characterized mainly by low value and large volume issues. For this reason, Online Dispute Resolution (ODR) was formed to carry out dispute resolutions in cross-border e-commerce. A virtual multi-door ODR platform for small value, cross-border disputes in e-commerce is then proposed in this paper. For a couple of decades, researchers have tried to employ Artificial Intelligence (AI) to Law. However, it turns out that they were faced with a couple of obstacles to integrate AI to Law since it is highly difficult to program AI to process the common sense of a human being. For example, AI cannot assimilate the affective side of a human being, and it is problematic to integrate a human being's common sense into the AI system. Considering this situation, this study puts forward an ODR model for cross-border e-commerce in the evolutionary perspective.

Abstract

In recent times, the volume of cross-border e-commerce has witnessed an upward trend and has been accompanied by increased disputes, with cross-border e-commerce being characterized mainly by low value and large volume issues. For this reason, Online Dispute Resolution (ODR) was formed to carry out dispute resolutions in cross-border e-commerce. A virtual multi-door ODR platform for small value, cross-border disputes in e-commerce is then proposed in this paper. For a couple of decades, researchers have tried to employ Artificial Intelligence (AI) to Law. However, it turns out that they were faced with a couple of obstacles to integrate AI to Law since it is highly difficult to program AI to process the common sense of a human being. For example, AI cannot assimilate the affective side of a human being, and it is problematic to integrate a human being's common sense into the AI system. Considering this situation, this study puts forward an ODR model for cross-border e-commerce in the evolutionary perspective.

참고문헌 (38)

  1. Albornoz, M. Maria, "Feasibility Analysis of Online Dispute Resolution in Developing Countries", University of Miami Inter-American Law Review (2012)
  2. Alexander, N, "The Mediation Metamodel: Understanding Practice", Conflict Resolution Quarterly, 26(1) (2008)
  3. Berman, Donald, "The Potential of Artificial Intelligence to Help Solve the Crisis in Our Legal System", Communications of ACM, 32(8) (1999)
  4. Carneiro, Davide, "The Legal Precedent in Online Dispute Resolution", ~ (2009)
  5. Carneiro, Davide, "Online Dispute Resolution: An Artificial Intelligence Perspective", ~ (2014)
  6. 정용균, "인터넷 쇼핑몰에서의 주관적 신뢰와 객관적 신뢰 의 결정요인에 대한 연구", e-비즈니스연구, 10(1), pp.131~157 (2009), 국제e-비즈니스학회[DOI]
  7. 정용균, "Combining Arbitration with Mediation: Two Cultures of China and Malaysia", 중재연구, 26(3), pp.149~173 (2016), 한국중재학회[DOI]
  8. 정용균, "멀티도어코트하우스제도: 기원, 확장과 사례분석", 중재연구, 28(2), pp.3~43 (2018), 한국중재학회[DOI]
  9. 정용균, "라오스의 분쟁해결문화와 제도: ADR 유형을 중심으로", 분쟁해결연구, 16(3), pp.81~110 (2018), 분쟁해결연구센터[DOI]
  10. Chung, Yongkyun, "Arbitrator Acceptability of International Commercial Arbitration: Trading Firm Perspective", International Journal of Conflict Management, 26(2) (2016)
  11. Cortes, Pablo, "Developing Online Dispute Resolution for Consumers on the EU : A Proposal for the Regulation of Accredited Providers", International Journal of Law and Information Technology (2010)
  12. Cortes, Pablo, "Building a Global Redress System for Low Value Cross-Border Disputes", International and Comparative Law Quarterly, 62 (2013)
  13. Cortes, Pablo, "Online Dispute Resolution Services: A Selected Number of Case Studies", Computer and Telecommunications Law Review, 20(6) (2014)
  14. Cortes, Pablo, "Consumer Dispute Resolution Goes Online:Reflections on the Evolution of European Law for Out of Court Redress", ~ (2014)
  15. Druckman Daniel, "Settlement and Resolutions; Consequences of Negotiation Processes in the Laboratory and in the Field", International Negotiation, 7 (2002)
  16. Druckman Daniel, "e-Mediation: Evaluating the Impacts of an Electronic Mediator on Negotiating Behavior", Group Decision and Negotiations, 13 (2004)
  17. Del Duca, Louis, "Facilitating Expansion of Cross-Border E-Commerce: Developing a Global Online Dispute Resolution System (Lessons Derived from Existing ODR Systems: Work of the United Nations Commission on International Trade Law", Penn State Journal of Law & International Affairs, 1(1) (2012)
  18. El Jelali S, "Legal Retrieval as Support to eMediation: Matching Disputant's Case and Court Decisions", Artificial Intelligence and Law, 23(1) (2015)
  19. Fersini, E., "eMeidation:Towards Smart Online Dispute Resolution", Proceedings of the 6th International Joint Conference on Knowledge Discovery, Knowledge Engineering and Knowledge Management (2014)
  20. Ford, Martin, "Architects of Intelligence" (2018), Pacht Publishig Company
  21. Franklin James, "How Much of Commonsense and Legal Reasoning is Formalizable? A Review of Conceptual Obstacles", Law, Probability, and Risk, 11 (2012)
  22. Katsh, Ethan, "Online Dispute Resolution: Resolving Conflicts in Cyberspace" (2001), Jossey-Bass
  23. Kaufmann-Kohler, Gabrielle, "Online Dispute Resolution: Challenges for Contemporary Justice" (2004), Kluwer Law International
  24. Lodder, R. Arno, "The Role of Artificial Intelligence in Online Dispute Resolution", Proceedings of the UNECE Forum on ODR (2003)
  25. Lodder R. Arno, "Developing an Online Dispute Resolution Environment: Dialogue Tools and Negotiation Support Systems in a Three Step Model", Harvard Negotiation Law Review, 10 (2005)
  26. Lodder, R. Arno, "Artificial Intelligence and Online Dispute Resolution", ~ (2012)
  27. Mania, Karolina, "Online Dispute Resolution: The Future of Justice", International Comparative Jurisprudence, 1 (2015)
  28. Petrauskas, Feliksas, "Online Dispute Resolution in Consumer Disputes", Jurisprudencija, 18(3) (2011)
  29. Probet, Marta, "ODR, Ontologies, and Web 2.0", Journal of Universal Computer Science, 17(4) (2011)
  30. Raymond Anjanette, "Yeah But Did You See the Gorilla ? Creating and Protecting an Informed Consumer in Cross-border Online Dispute Resolution", Harvard Negotiation Law Review (2014)
  31. Rule, Colin, "Online Dispute Resolution for Business" (2002), Jossey-Bass
  32. Rule, Colin, "Quantifying the Economic Benefits of Effective Redress: Large E-Commerce Data Sets and the Cost-Benefit Case for Investing in Dispute Resolution", University of Arkansas at Little Rock Law Review, 34 (2012)
  33. Rule, Colin, "Designing a Global Consumer Online Dispute Resolution(ODR) System for Cross-Border Small Value-High Volume Claims: OAS Developments", Uniform Commercial Code Law Journal, 42(3) (2010)
  34. Schafer, B, "ZombAIs: Legal Expert Systems as Representatives Beyond the Grave", SCRIPTed, 7(2) (2010)
  35. Shackelford, Scott, "Building the Virtual Courthouse: Ethical Considerations for Design, Implementation, and Regulation in the World of ODR", Wisconsin Law Review (2014)
  36. Suquet, Casanovas, "AI Approaches to the Complexity of Legal System" (2014), Springer
  37. Tashiro, Kenji, "Conciliation or Mediation during the Arbitration Process: A Japanese View", Journal of International Arbitration, 12 (1995)
  38. Creating New Pathways to Justice Using Simple Artificial Intelligence and Online Dispute Resolution, "Thompson, Darin", Osgoode Legal Studies Research, ~, pp.Osgoode Legal Studies Research Paper Series, #152 (2015)

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