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International Regulation of ADR

International Regulation of ADR

What are the EU and UN currently doing to address these issues in ADR?

 

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Well, at the UN level, negotiations are ongoing. It is the UNCITRAL, the UN Commission for International Trade Law. They basically enact or kind of create model laws to favour international trade. They have, for instance, the New York convention that facilitates enforcement of arbitral awards. They are in the process, since 2010, of developing a model law. They have already a draft, procedural rules, which are quite sophisticated. They are planning to complement it with substantive rules and enforcement protocol and guidelines for third neutral parties.

 

They will be using mediation, as well as arbitration, for resolving these e-commerce disputes. It is hoped that in the next couple of years, they will have already an agreed set of rules that parties, when they enter international transactions, like when they buy something online in the United States. They can rely on those rules to resolve any possible conflict that arise between these parties, through an online process that the UN espouses as a third process to resolve e-commerce disputes.

 

So this is what the UN has on one hand. The EU has more concrete results because last year, in June 2013, it passed two important legislative instruments. A directive, an ADR directive, as it is called for consumer disputes, and the ODR regulation, regulation of online dispute resolution. These two pieces of legislation, they complement each other.

 

They are interlinked. The directive that will be implemented by July next year, member states will have to implement legislation in order to put in place the requirements set in the directive.

About the mediator

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Pablo is a Senior Lecturer and a non-practising Spanish attorney. He conducts research in the field of dispute resolution, civil procedure and consumer law. He was invited to be a keynote speaker in two international conferences, and he has been invited as a speaker at many other conferences in 15 different countries. He was invited to participate in expert meetings by various organisations, including the UN Commission for International Trade Law... View Mediator