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Online Dispute Resolution

Brand, Ronald A., Online Dispute Resolution (December 18, 2019). A paper based on the author’s presentation at the Summer School in Transnational Commercial Law & Technology, Verona, Italy, May 30-June 1, 2019 – (scheduled for publication by the University of Verona School of Law, Marco Torsello, editor) ; U. of Pittsburgh Legal Studies Research Paper No. 2019-31. Available at SSRN: https://ssrn.com/abstract=3506094

“This chapter was prepared from a presentation given by the author at the 2019 Summer School in Transnational Commercial Law & Technology, jointly sponsored by the University of Verona School of Law and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law. In the paper, I review online dispute resolution (ODR) by considering the following five questions, which I believe help to develop a better understanding of both the concept and the legal framework surrounding it: A. What is ODR?; B. Who does ODR?; C. What is the legal framework for ODR?; D. What are the developing legal issues regarding ODR?; E. What is the future of ODR? I give particular consideration to the negotiations that led to the 2017 UNCITRAL Technical Notes on Online Dispute Resolution,1 as well as recent developments across the globe. I also consider whether the development of ODR is likely to occur most usefully in the private sector, as compared to development through national or international legal process.”

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