E-Arbitration-T Project - Online Dispute Resolution

Online Dispute Resolution News ODR_Moderator writes “E-Arbitration-T ? have issued a proposal for the Harmonisation of Online Arbitration

This paper aims to be a basic overview of the issues that Online Arbitration raises when dealing with B2B transactions.

Summary of Questions Submitted for Discussion:

Question 1: What is your opinion on the general approach that the EU institutions should follow on ODR and Online Arbitration of B2B transactions? Should the initia-tives be limited to B2B transactions?

Question 2: Do you think that a directive is the most appropriate regulatory instrument to deal with e-commerce issues? And to deal with ODR methods? Do you think that the European Primary Law provides the EU with a legal basis to adopt a directive on ODR methods?

Question 3. Could or should the principles set out in the two recommendations apply indiscriminately to fields other than consumer protection? Of the principles enshrined in the Recommendations, which in your view could be incorporated in the legislation of Member States?

Question 4: Do you think that the EU should follow the Uncitral Model Laws, or should it leave the regulation of Online Arbitration disputes to national laws?

Question 5: What is your opinion on the controversial issues highlighted in section 7? Are they controversial at all? Is this a fictitious debate? What option would you adopt, if any, to solve the inconsistencies? What other alternatives would you propose?

Question 6: Do you think that this is an appropriate time to pass a directive on ODR methods? Would you be in favour of a directive on ODR methods? What are, in your opinion, the legal bases, if any, for a directive on ODR methods?

Question 7: Do you think that the adoption of European standards for Online Arbitration technologies is necessary? Do you think that the EU has the human and technical resources to dictate European Standards without public discussion? Would it be wise to create an interdisciplinary group capable of negotiating standards with other geo-graphic regions?

Question 8: Should there be a register of ODR providers or any other administrative control that ensures the respect of due process rights? Would the intervention of ad-ministrative entities impair the development of ODR bodies?

Question 9: What is your experience in negotiation and enforcement of private mecha-nisms? Should electronic awards be dealt with in an EU directive?

Question 10: Would you eliminate the formal requirements of deposit and notarisation at all? Would you empower notaries and other public authorities to deposit, authenticate and notify the award to the parties?

In your opinion, what are the inconveniences of harmonising the formal requirements of deposit and notarisation and attributing more essential faculties to public authorities?.

Year 2002