ODR的管辖权问题探析

An Analysis of the Jurisdictional Problems of ODR

ODR虽以当事人协议选择为基础,能绕过法院无法针对网络空间发生的争议进行管辖的困境,但ODR管辖权本身却存在合法性、合意性、有效性、可执行力以及与诉讼关系不明确等诸多问题。因此,必须有法律的明确认可与保障,才能保证ODR作为一种高效的争议解决机制,发挥其应有的作用。

ODR is based on the agreement of the parties, which means it can circumvent the jurisdictional difficulties that courts encounter when dealing with disputes arising from the internet, but there are significant jurisdictional problems of ODR itself, such as its legality, acceptability, validity, enforceability and the relationship between ODR and litigation. Therefore, law should be enacted to explicitly recognize and guarantee ODR as an effective dispute resolution mechanism to bring it into play.