Strengthening the mechanisms for online dispute resolution

Abstract

This research “Strengthening the mechanisms for online dispute resolution” addressed the issue of e-commerce dispute resolution for consumer disputes in Thailand.  The aim of this research was to compare the ODR processes in Thailand with EU Regulations, UNCITRAL Model Law and other countries including the United States, the United Kingdom and China in order to provide the recommendations for developing the ODR process in Thailand. This research mainly uses a documentary research method, in-depth interviewing and group discussion. The Results of the research found that although Thailand had already implemented the ODR rule for online disputes between traders and consumers, there was no mandatory law to impose the duty of online traders and the ODR procedure. Therefore, the research recommended proposing a sui generis law related to online negotiation and mediation following the EU and other counties to ensure that consumers could access ODR for resolving contractual disputes with traders. The law should include the provision concerning to the duty of traders to provide link on the website to ODR platform. Also, the ODR platform must be built in effective way for resolving the consumer disputes either contract for sale of goods or supply a service. In addition, the it should contain ODR process of resolving consumer disputes and encourages to use ODR service providers in order to increase fairness and access to justice while decreasing costs for both parties.