ONLINE DISPUTE RESOLUTION (ODR) MECHANISM: PROSPECTS IN BANGLADESH
Keywords:
ODR, mechanism, ICT, Launching, BangladeshAbstract
Online Dispute Resolution (ODR) is one of the potential wings of dispute resolution mechanism that unites with aspects of Information and Communication Technology (ICT). It is a derivative from the conventional Alternative Dispute Resolution (ADR) mechanism. Moreover, with the significantly rapid developing ICT sector, there is an urgent need for a direct and more efficient dispute resolution mechanism for online disputes. In Bangladesh for example, the rapid developments in the ICT sector have led to an increased access to internet facilities by the citizens. It has therefore become difficult to ignore the changes brought about by ICT developments to the world of dispute resolution. Consequently, this study seeks to address the viability of ODR mechanism in the Bangladesh context. Moreover, this study has attempted to explore the prospects of launching ODR mechanism in Bangladesh. Based on secondary data, this exploratory study has been carried out with content and case analysis approach. It will seek to clarify the barriers inhibiting this application and how they can be overcome. It will also address the validity of ODR as an independent dispute resolution mechanism contrasting it with the already established forms of ADR.
Downloads
References
i Riel Miller and others, The Promises and Perils of 21st Century Technology: An Overview of the Issues,
available at https://www.oecd.org/futures/35391210.pdf accessed 11 June 2019.
iiThe Daily star, e-Judiciary on cards, available at http://www.thedailystar.net/law-our-rights/lawvision/digitalisation-courts-169900 accessed 16 June 2019.
iiiMelissa H. Conley Tyler, “Online Dispute Resolution,”in eJustice: Information and Communication
Technologies in the Court System, ed. Agustí Cerrillo I Martínez, and Pere Fabra I Abat (Hershey, New York:
Information Science Reference, 2009), 87.
ivKallel S, ‘Online Arbitration’, 25 Journal of International Arbitration (2008), 345.
vRule C, Online Dispute Resolution for Business: B2B, e-commerce, Consumer, Employment, Insurance, and
other Commercial Conflicts (Jossey-Bass Publishers, San Francisco, 2002) 61.
viAndraleigh Nensteil, Online Dispute Resolution: A Canada-United states Initiative (Vol.32, Can.–U.S.L.J, 2006)
316.
vii Ibid, 318.
viiiRule C, Online Dispute Resolution for Business: B2B, Ecommerce, Consumer, Employment, Insurance, and
other Commercial Conflicts, (Jossey-Bass Publishers, San Francisco, 2002) 61.
ixAvailable at http://www.onlinedisputeresolution.com/article.cfm?zfn=becker-odr-effective.cfm accessed on 19
June 2019.
xSmith, Roger (Ed) (1996), Achieving Civil Justice, Appropriate Dispute Resolution for the 1990s, Legal Action
Group., pp.26-27.
xiMueller, Milton (2000), Rough Justice, An Analysis of ICANN's Uniform Dispute Resolution Policy, Syracuse
University School of Information Studies, available at: http://dcc.syr.edu/roughjustice.pdf
xiiTACD, Recommendations on Electronic Commerce, Alternative Dispute Resolution in the Context of
Electronic Commerce, Trans Atlantic Consumer Dialogue, http://tacd.org/ ecommercef.html
xiiiAmerican Bar Association Task Force on E-commerce & Alternative Dispute Resolution Draft Preliminary
Report & Concept Paper, www.law.washington.edu/ABA-eADR/ drafts/docs/2001.05.21drafts pdf
xivEthan Katsh and Janet Rifkin, Online Dispute Resolution, www.disputes.net/cyberweek 2001/
OnlineDisputeResolutionIntro.htm; Henry H. Perritt, Jr., Dispute resolution in Cyberspace: Demand for new
forms of ADR, www.innovationlaw.org,pages,probing_perritt.htm
xv Nadler J ‘Electronically‐Mediated Dispute Resolution and E‐Commerce.’ Negotiation Journal 17.4(2001), 333-
347.
xviFriedman G H, ‘Alternative Dispute Resolution and Emerging Online Technologies: Challenges and
Opportunities’, 708.
xvii A.B.M Mahmudul Hoque, Alternative Dispute Resolution in Bangladesh: Challenges and Prospect, (Dhaka,
Law Book Company, 2015).
xviii Dr. Timothy sze, Online Dispute Resolution: its development, concepts and theories (Beijing, 2007) 46.
xix Digital Signature Development available at http://www.networkmagazinebd.com/200610/coverstory03.html
accessed on 15 July 2019.
xxAvailable at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.html accessed
on 18 July 2019.
xxiCPGRAMS, available at < http://pgportal.gov.in > accessed on 20 July 2019.
xxiiCJC Online Dispute Resolution Advisory Group, Online Dispute Resolution for Low Value Civil Claims,
February 2015.
xxiii Arbitration Act, 2001.
xxivThe Daily Star, 6 September 2019 available at https://www.thedailystar.net/drivers-economy/ict-opens-newprospects-bangladesh-1364893 accessed on 21 July 2019.
xxv Silbey S, ‘Law and the Ordering of Our Life Together: A Sociological Interpretation of the Relationship
between Law and Society’ in R J Neuhaus, T L Shaffer and S S Silbey (eds) Law and the Ordering of Our Life
Together, William B Eerdmans, (1989) 2.
xxvi Mattheis C, ‘The System Theory of Niklas Luhmann and the Constitutionalization of the World Society’ (4
Goettingen Journal of International Law, 2012) 625, 631.
xxvii Laszlo A and Krippner S, ‘Systems Theories: Their Origins, Foundations, and Development’ inJ Scott Jordan
(ed), Systems Theories and A Priori Aspects of Perception 1 edition, (Elsevier, 1998) 8.
xxviiiEthan Katsh and Janet Rifkin, Online Dispute Resolution: Resolving Conflicts in Cyberspace (2001).
xxixJamila A. Chowdhury, ADR Theories and Practices, (Dhaka, London College of Legal Studies South, 1st ed.,
2013).
xxxColin Rule, Is ODR ADR?, International Journal on Online Dispute Resolution 2016(3)1 available at
file:///C:/Users/Hp/Desktop/ODR/ijodr.pdf accessed on 23 July 2019.
xxxiD. Popat Prathamesh, Online Dispute Resolution in India, available at
file:///C:/Users/Hp/Desktop/ODR/New%20folder%202/odr%20in%20india.pdf accessed on 16 July 2019.
xxxii Available at https://bangladesh.gov.bd/index.php accessed on 26 July 2019.
xxxiii The Daily Star http://www.thedailystar.net/city/eJudiciary-system-be-launched-soon-1252864 accessed 29
July 2019.
xxxiv Alam, M. Shah, A Possible way out of Backlog in our judiciary, The Daily Star, Dhaka, 16 April 2000.
xxxv
“B2B, B2C Dispute Resolution and Trust Research Report”, by Trade SAFE, published on 30 October
2006.
xxxvi Available at https://bangladesh.gov.bd/index.php accessed on 12 August 2019.
xxxviiLan Q. Hang, Comment, Online Dispute Resolution Systems: The Future of Cyber-space Law, (41 SANTA
CLARA L. REV., 2001) 836.
xxxviiiMercedes M A and Gonzalez N M, ‘Feasibility Analysis of Online Dispute Resolution in Developing
Countries’,(Inter-American Law Review, 2012) 44.
xxxixAvailable at https://themediationroom.teachable.com/ accessed on 18 August 2019.
xlBrannigan C, Online Dispute Resolution, CCH Canadian Ltd, (2007) 2.
xliG Kaufmann-Kohler,T Schultz, Online Dispute Resolution: Challenges for Contemporary Justice, ( Kluwer Law
International, 2004) 180.
xlii Saghar E, and Desmedt Y, Exploiting the Client Vulnerabilities in Internet E-voting Systems: Hacking Helios
2.0 as an Example, (EVT/WOTE10, 2010) 1-9.
xliii Almaguer A E & Baggott W R, ‘Shaping New Legal Frontiers: Dispute Resolution for the Internet’, (13 Ohio
State Journal on Dispute Resolution, 1998) 735.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
