UN의 온라인분쟁해결(ODR)에 관한 국제규범정립을 위한 논의 및 전망과 그 향후 과제

Abstract

With the rise of the internet, cross-border e-commerce transaction endowed both businesses and consumer convenience; however, it also triggered various issues as well. Despite the various problems, there is no set procedural rule to solve such online disputes. Indeed, general methods to resolve disputes such as negotiation, facilitated settlement, arbitration, trials may also be used for international dispute resolution. However, general dispute resolution procedures are focused on offline, and there are many problems regarding online trade disputes such as jurisdiction and cost. Therefore, it is not suitable for resolving cross-border e-commerce transaction disputes dealing with low-value transactions. Especially the cost is the issue. Dispute resolution cost becoming larger than the transaction cost is the problem. To solve these kinds of issues, in 2010 UNCITRAL (United Nations Commission on International Trade Law) commission conference, Working group III (WG III) received the duty to set the international rule (standard) for Online Dispute Resolution Procedural (ODR). From December 2010, 22nd session, WG III started the session to make the ODR regulations. Currently, the session has been held to the 32nd session and the final results for the ODR are projected to come out in the February 2016 33rd session. Due to the characteristic of international conferences, along with the specific contents of the regulations, the entire system may be modified during the discussion. Although there is only one session left (the 33rd session) for the WG III, the contents may be altered anytime. Therefore, in this study, we will look at the discussion changes so far, and the contents of the technical notes (UNCITRAL guideline) proposed by the United States of America on the 32ndsession.