Legal Research

By David Bilinsky

? If you want it you can get it
If you choose it don’t regret it
If you feel it make it real
It’s what you wanted don’t forget it..?

Music and lyrics by April Start.

During the first week of November, 2010, Vancouver, British Columbia will hold the first ever conference devoted to the topic of Consumer Protection Issues and Online Dispute Resolution (“ORD”). The conference proponents include the US Government, the EU, The Czech Court of Arbitration, eBay and PayPal, and the ICANN Office of the Ombudsman.

According to Dr. Frank Fowlie, the Ombudsman for ICANN, the conference “will aim to have a fulsome discussion concerning trans-national and national consumer protection schemes, and the use of emerging technologies to act as a platform for the resolution of complaints, and fraudulent activity.”

Dr. Richard Susskind has stated that ODR is one of the top 10 ?disruptive? technologies facing the legal profession. As commerce moves to the Internet, comsumers and industry alike will be looking for ways to resolve disputes in a low-cost and efficient manner. These parties may not be willing to adopt a dispute resolution model that is tied to litigation that seeks to enforce the law of a particular geographic location, particularly if that law is deemed to favour one of the parties.

For example, the Abritration Center for International Disputes (ADR.EU) “helps brand and trade mark owners, domain name registrants and registration companies all over the world to resolve conflicts in a fast, efficient and cost-effective fashion.” This Center is affiliated with the Czech Court of Arbitration.

It is important for lawyers from all nations to be involved in the growth, development and application of ODR as it emerges into the complaint resolution process. Canadian lawyers in particular, as conference participants, stand to be in a key role to help shape this technology as it interacts with law and economics. After all, if you feel it, make it real…

Full post as published by Slaw.ca on March 18, 2010 (boomark / email).