ONLINE DISPUTE RESOLUTION AS A SOLUTION TO E-COMMERCE DISPUTES: A COMPARATIVE STUDY OF PAKISTAN AND UK

Authors

  • Dr. Naureen Akhtar Assistant Professor of law at University Gilloni Law College, B.Z.U., Multan
  • Aamir Khan PhD Scholar at University Gillani Law College, B.Z.U., Multan
  • Dr. Rao Imran Habib Assistant Professor of law at University Gillani Law College, B.Z.U., Multan
  • Hafiz Abdul Rehman Saleem Assistant Professor of Law, University of Sahiwal

Keywords:

E-commerce, Online Dispute Resolution, Regulatory Framework, Technological Framework

Abstract

The primary aim of this paper is to analyze the online dispute resolution (ODR) as a solution to E-commerce disputes. E-commerce is growing increasingly all over the world. The gradual development of this industry has also brought the issue of E-commerce disputes. The nature of disputes makes it difficult for parties to resolve it through conventional platforms such as courts and alternative dispute resolution (ADR). Therefore, ODR mechanism presents more viable solution for the E-consumers. However, in Pakistan, the regulatory and technological development of ODR is still ve/ y insufficient as the E-commerce is an infant industry but with solid growth rate. Therefore, this paper fills this gap and examines the regulatory and technological framework of ODR via comparative study in Pakistan and UK. For this research work, the comparative research approach has been utilized that is based on documentary analysis. It conducts a comparative study of ODR as solution to E-commerce disputes in Pakistan and UK. This paper analytically studies the parliamentaiy statutes and regulations in Pakistan, UK and international laws and other existing data and studies relating to ODR as solution to E-commerce disputes. At this moment, it's questionable if Pakistan's attempt to dealing with it is genuine and whether the existing inadequate ODR legislation can address the challenges. This research finds that, in order to safeguard online consumers, Pakistan is in a dire need to establish a legal framework for online dispute resolution. The lack of defined legislative criteria for ODR services causes several challenges, especially when public compliance is required. Furthermore, this research finds that the introduction of a mandatory automated negations, online mediation, and e-courts, as first step, might be helpful in this regard as the nature of e-disputes requires quick decisionmaking due to its economic nature in order to avoid further loss. Moreover, this study concludes that the confidence of e-consumer can be increased if they are provided with an effective mechanism for redressal of their grievances.

References

Aamir, S. (2021). Encyclopedia of Tourism Management and Marketing. Edward Elgar Publishing. 89-102

Ali, M., & Geng, L. L. (2019). Alternative Dispute Resolution (ADR) In Pakistan: The Role of Lawyers in Mediation Procedure. International Journal of Research, 6(7).

Abedi, F., Zeleznikow, J., & Brien, C. (2019). Universal Standards for The Concept of Fairness in Online Dispute Resolution in B2C E-Disputes. Ohio St. J. on Disp. Resol.,

, 357.

Borisov, V. (2015). Online Dispute Resolution under UK Legislation. Russian Journal of Comparative Law 4 (2) 54-60.

Coppola, D. (2022). Topic: E-commerce in the United Kingdom (UK). Statista. Retrieved on 23 February 2022, from https://www.statista.com/topics/2333/e~commerce~in-theunited-kingdom/.

Cortes, P. (2014). Online Dispute Resolution Services: A Selected Number of Case Studies. Computer and Telecommunications Law Review 172-178.

Cortes, P. (2010). Developing Online Dispute Resolution for Consumers in the EU: A Proposal for the Regulation of Accredited Providers. International Journal of Law

and Information Technology 19 (1) 1-28.

Ebner, N., & Greenberg, E. (2020). Strengthening Online Dispute Resolution Justice. Washington University Journal of Law and Policy 63 1-55.

Ebner, N., & Zeleznikow, J. (2016). No Sheriff in Town: Governance for Online Dispute Resolution. Negotiation Journal 32 (4) 297-323.

Farinde, M. (2020). Online Dispute Resolution (ODR): A Viable Solution to Speed and Efficiency Issues in ADR. Mediate.com. Retrieved on 21 March 2022, from

https://www.mediate.com/articles/obi-farinde-ODR-Solution.cfm.

Goodwin, D. (2020). E-Commerce in the UK: Why You Still Have to Comply with UK Consumer Laws Post-Brexit - Consumer Protection - UK. Mondaq.com. Retrieved on

March 2022, from https://www.mondaq.com/uk/consumer-law/892220/ecommerce-in-the-uk-why-you-still-have-to-comp1v-with-uk-consumer-laws-postbrexit.

Guardian. (2022). Momentum for resolving small claims online is gathering pace. Retrieved 21 March 2022, from https://www.theguardian.com/medianetwork/2015/apr/01/resolving-small-claims-online-uk-courts.

Humphrey, D. (2019). E-Commerce in United Kingdom. Lexology. Retrieved on 21 March 2022, from https://www.lexology.com/library/detail.aspx?g=dea01Ie4-dde0~41e4-al8a~78f52199a8c5.

Hattotuwa, S. (2012). Mobiles and ODR: Why We Should Care. Online Dispute Resolution: Theory and Practice: A Treatise on Technology and Dispute Resolution.

Imtiaz, S., & Ali, S. (2020). E-Commerce Growth in Pakistan: Privacy, Security, and Trust as Potential Issues. 26 (2) Culinary Science & Hospitality Research 10-18.

Kamel, S., & Hussein, M. (2002). The Emergence of e- Commerce in a Developing Nation: Case of Egypt. Benchmarking: An International Journal 9 (2) 146-153.

Khan, M. D., Kaya, S., & Habib, R. I. (2018). Global trends of online dispute resolution (ODR) with reference to online trade in Pakistan. Review of Economics and

Development Studies, 4(2), 303-311.

Mania, K. (2015). Online Dispute Resolution: The Future of Justice. International Comparative Jurisprudence 1 (1) 76-86.

Mujahid, Y. (2002). Digital Opportunity Initiative for Pakistan. The Electronic Journal of Information Systems in Developing Countries 8 (1) 1-14.

OECD. (2016). OECD Guidelines for Consumer Protection in the Context of Electronic Commerce (1999) - OECD. Oecd.org. Retrieved on 21 March 2022, from

https://www.oecd.org/sti/consumer/oecdguidelinesforconsumerprotectioninthecontextofelectroniccommercel999.htmTheGuidelinesforConsumerProtection,ororderfromaca talogue.

Qaiser, K., Qaiser, Z., & Hameed, U. (2020). The Workable Modalities of Online Dispute Resolution in Pakistan. Global Legal Studies Review 5 (3) 39-46.

Downloads

Published

2022-09-30

How to Cite

Akhtar, D. N. ., Khan, A. ., Imran Habib, D. R. ., & Rehman Saleem, H. A. (2022). ONLINE DISPUTE RESOLUTION AS A SOLUTION TO E-COMMERCE DISPUTES: A COMPARATIVE STUDY OF PAKISTAN AND UK. The Journal of Contemporary Issues in Business and Government, 28(3), 149–159. Retrieved from https://cibgp.com/au/index.php/1323-6903/article/view/2365

Issue

Vol. 28 No. 3 (2022): The journal of contemporary issues in business and government

Section

Articles

License

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

You are free to:

  1. Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
  2. Adapt — remix, transform, and build upon the material for any purpose, even commercially.
  3. The licensor cannot revoke these freedoms as long as you follow the license terms.

Under the following terms:

  1. Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  2. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.

Notices:

You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.