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American Review of International Arbitration - ARIA - Vol. 12 No. 3 -4 2002
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ARIA Vol. 12 No. 3 - 4 2002
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With the dawning of the Internet Age, another era has dawned as well that
of online arbitration, and more particularly, because Internet transactions
frequently transcend national boundaries, that of online international arbitration.
During the Internet boom, the number of Online Dispute Resolution (“ODR”)
providers grew dramatically. Such companies generally provided for both online
mediation and online arbitration as tools for the resolution of e-commerce
disputes. While the number of ODR private providers has been significantly
reduced, with many websites inactive or companies ceasing to do business, online
litigation has developed with the launching of public cyber courts around the
world, giving great hope to a new start for online arbitration.
Cyber courts came into existence in 2002. In the United Kingdom, for
instance, consumers, small businesses and solicitors can now make claims to
recover money owed to them by logging onto a new court service website.1 In
Michigan, by statute, a cyber court can now handle hearings and proceedings
online.2 Both of these online public services are operated by local courts and
benefit from governmental support .
Similarly, online arbitration, which is still in its infancy, requires greater
institutional support.3 It also awaits greater education, awareness and legal
maturity.
Nicolas de Witt - L.L.M., Columbia University School of Law; Admitted to the bar in Paris and New
York.