Development of a Self Enforceable Online Arbitration System Is the Key To Effective Online Dispute Resolution (ODR) by Jaynefrances Nabawanuka

This research dissertation looks at online dispute resolution. In part it looks at ICANN’s UDRP programme and notes it “has been successful because of ICANN’s advantage of being able to enforce the arbitral award by canceling or transferring domain name registrations. Although the UDRP does not produce decisions that are binding and enforceable by operation of law, it produces decisions that are binding and enforceable through technology- the decision is enforceable by the registrar, who is contractually bound to do so under the ICANN rules.” The paper also looks at obstacles: “first the agreement to arbitrate, second the arbitration procedure, and finally the recognition and enforcement of the arbitral award. The process also faces obstacles that are outside the process like: the lack of consumer confidence in the process and consumer protection laws, lack of an ODR culture and limited connectivity.”

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