Information technology plays an increasingly important role in the legal field and transforms how disputes are resolved. Online dispute resolution (ODR), which is used to describe dispute resolution that is facilitated or assisted by information and communication technology, has spawned a new culture of dispute resolution. It has become and will soon replace many traditional dispute resolution platforms like physical courtrooms, tribunals, etc. For example, disputes pertaining to domain names that are resolved online are on the rise, the blockchain has provided means by which disputes can be resolved privately and several jurisdictions have made some forms of ODR the exclusive means of resolving certain disputes. With this evolution comes a demand for online dispute resolution research, training and preparation. This course gives a detailed overview of online dispute resolution.
This course will allow students to gain core skills toward being “tomorrow’s lawyer.” Students will have opportunities to acquire and use ODR skills through class discussions, case studies, and role-play exercises. The course gives an overview of ODR, including the types of ODR, advantages and disadvantages, main players, and the role of artificial intelligence in ODR. It discusses e-negotiation, e-mediation, e-arbitration, smart contract and blockchain arbitration, and mechanisms for domain name dispute resolution, focusing on Uniform Domain-Name Dispute Resolution Policy (UDRP), one of the most well-known ODR systems and one that has experienced considerable success in resolving disputes in cyberspace.
Main Topics
- Overview of Online Dispute Resolution
- Understanding e-Negotiation
- Understanding e-Mediation
- Understanding e-Arbitration
- Smart Contract and Blockchain Arbitration
- The Role of AI in ODR
- Online courts and compulsory ODR
- Introduction to different types of Domain Names and Domain Name Dispute Resolution (DNDR) Procedure
- The Legal framework of the Uniform Domain-Name Dispute Resolution (UDRP) and Uniform Rapid Suspension System (URS)
- Procedural and Substantive Issues in DNDR Proceedings.