As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to fa...As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.展开更多
基金funded by a soft science research project of Sichuan titled“Study of Legal Regulation of ODR for CBEC between the B&R Countries”(2020JDR0304).
文摘As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.
