Online Dispute Resolution in E-Commerce: Is Consensus in Regulation UNCITRAL’s Utopian Idea or a Realistic Ambition?

Abstract

The rigorous deliberations of the United Nations Commission on International Trade Law to create a global regulatory framework for Online Dispute Resolution have failed to generate a consensus. This paper analyses whether UNCITRAL’s ambition to develop an inclusive ODR regulatory platform has considered the complexities of cutting across cultural boundaries and power (im)balances. The objective here is to challenge UNCITRAL’s assumption that technology’s a-territorial nature facilitates homogeneity in ODR. To this end, the paper examines the implications of globalisation and the evolution of diverse cultures on ODR and proposes that an alternative approach is needed to combine cosmopolitan and legal pluralism in developing a platform trusted by all disputing parties. The author argues that the focus of contemporary research should extend to consider commonalities across and between national, regional and global levels of governance when regulating for ODR. The paper’s findings will inform policy makers and regulators, including UNCITRAL, when considering the role and interaction of various stakeholders when developing an ODR framework. The significance of this article lies in bringing out that the creation of a regulatory ODR framework needs to be more finely nuanced due to its nature as a normative and legal hybrid.