Can Online Dispute Resolution Prevail Over the Traditional Methods of Resolution?

8 Baku St. U. L.Rev. 21 (2022)
Article language: English.


Digitalization involves the implementation of digital technologies in various areas of life, in everyday life, in production, at work, in government structures, in business and it has not bypassed the legal environment either. When disputes arise, the parties usually go to court for litigation, but there are also methods of resolving disputes outside the court, the so-called alternative dispute resolution methods. Technological development has also changed the vector of dispute resolution through alternative methods (arbitration, mediation and negotiation) and created what is known as “Online Dispute Resolution” (online arbitration, online mediation and online negotiations). This article analyses the potential opportunities and obstacles for functioning alternative forms of dispute resolution through digital transformation. Moreover, the article examines legal instruments for implementing online dispute resolution at the regional level, particularly, regulations and directives in the European continent. The last analysis of the article is devoted to possible emerging technologies in the online dispute resolution domain.

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