ODR(Online Dispute Resolution) System as a Modern Conflict Resolution: Necessity and Significance
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Academic Journal Incorporations
Abstract
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This article analyzes the jurisdiction of online dispute resolution in the case of conflict of laws rule to the server location or registration of the corresponding domain. If it is a company, then the place of registration is that of the company. It is ideal if the arbitration centre associated with the ODR platform uses its jurisdiction and the approval of the decision by the centre itself to ensure its execution. ODR can gain the most popularity and relevance within the framework of smart contracts. In this regard, it is necessary to adopt an intеrnаtionаl act (UNCITRAL Technical Notes on Online Dispute Resolution) or amend the New York Convention as well as recognize national laws and the UNCITRAL Model Law, a rule on the recognition and enforcement of ODR awards.
Keywords
ODR, artificial intelligence, conflict of laws, law of location, АDR practices, UDRP