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e-ISSN: 1647-7251

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NOTES

ONLINE DISPUTE RESOLUTION - FANTASY OR REALITY?

OTABEK PIRMATOV

pirmatov.otabek.89@inbox.ru

Acting Assistant Professor of Tashkent State University of Law (Uzbekistan).

Doctor of Philosophy in Law.

I. Introduction

This article discusses the issues of online dispute resolution, which allows to expand the

use of judicial remedies, innovations in traditional methods of dispute resolution, the

application of technology. Online dispute resolution is one of the ways to resolve disputes

using Internet technologies. Dispute resolution online is used to resolve problematic

situations of any complexity. At the same time, it is characterized by high cost-

effectiveness and a wide range of functions (data transfer, coordination of meeting

schedules, e-mail delivery of agreed decisions, speed).

The Internet has served as a tool that has revolutionized many areas of life in the 21st

century. It performs many functions and lays the foundation for many industries to

operate as a common source of information, means of communication and global trading

platform.

The internet also has an impact on legislation. Its rapid expansion has led to many

positive developments, such as the digitization of certain areas of law. New methods of

communication have improved many areas of law, including the modernization of out-of-

court dispute resolution processes, such as the creation of online dispute resolution

systems.

The emergence of online conflict resolution began in the United States. Disputes are still

being considered online at the online dispute bureau at the Center for Information

Technology and Conflict Resolution at the University of Massachusetts in the United

States (Wahab, 2012).

The COVID-19 pandemic crisis has forced courts to take an innovative and creative

approach in real time, including measures taken today to introduce modern information

technology to courts or address shortcomings in them. Virtual court hearings, ODR and

other digital litigations are examples.

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e-ISSN: 1647-7251

Vol. 13, Nº. 1 (May-October 2022), pp. 240-245

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Online dispute Resolution – fantasy or reality?

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The first appearance of online dispute resolution was done email. This method of dispute

resolution is done online. Once the application was accepted for resolution, the other

party responded to the application. If no agreement is reached, the parties are directed

to the negotiation stage. This was done through an electronic means of communication

- e-mail. Their relationship was mediated by a mediator or arbitrator.

The number of entities providing ODR services in the EU has been increasing in recent

years. Examples include ombudsmen in Austria and Germany, and online mediation

systems in Italy and the United Kingdom.

II. Literature review

According to the Dutch scholar and judge Dori Reiling, online dispute resolution means

the use of information and communication technologies in resolving disputes between

parties. The technology can also be used in mediation and arbitration courts. It can also

be seen as an alternative form of conflict resolution. ODR can also bolster the

improvement of traditional methods of conflict resolution through innovative online

technologies. In the past, ODR was mainly used for e-commerce disputes, but today

more online communication is being used as a form of ODR (Reiling, 2017).

According to the American scholar Amy Schmits, the ODR offers great opportunity for

expanding access to court remedies or achieving justice. In the United States and abroad,

ODR has developed mainly in e-commerce companies such as eBay and Alibaba, most

state courts are still in the traditional process, providing practical services to increase the

efficiency of the use of information technology in the courts and expand its capabilities

(Schmitz.

According to Indian researcher Chitranjali Negi, online dispute resolution (ODR) is a form

of conflict resolution that uses technology to facilitate the resolution of disputes between

the parties.

Online dispute resolution may involve the resolution of disputes in each of the

negotiation, mediation, or arbitration courts, or in three alternative disputes.

ODR includes the following legal traditions:

1) Legal confidence: the ability of the parties to choose an arbitrator or arbitrator.

2) Use of Justice: Everyone involved in a dispute has the right to use ODR.

ODR will also create a mechanism that provides timely solutions and rational means of

efficiency.

ODR allows for a civilized (peaceful) resolution of disputes between citizens.

The ODR also allows the parties to apply to state courts

Chitranjali Negi. Concept online dispute resolution in India. Electronic copy available at:

http://ssrn.com/abstract=2596267.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 13, Nº. 1 (May-October 2022), pp. 240-245

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Online dispute Resolution – fantasy or reality?

Otabek Pirmatov

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According to Mimoza Sadushi, resolving disputes online is, in simple terms, resolving

disputes over the Internet. In Canada, the United States, and European countries, ODRs

are organized in various forms and through the establishment of forums.

The term ODR means automated processes. Sometimes ODRs are fully automated and

even if they are only conducted online, some also involve the human factor.

Online dispute resolution allows you to resolve disputes quickly and easily.

Automated negotiations in the ODR also include processes such as neutral assessment

of disputes, mediation or conciliation.

Online dispute resolution will be an alternative form of mediation or arbitration courts

(Sadushi, 2017).

It is clear from the opinion of the above scholars that ODR can be an alternative type of

dispute resolution such as mediation, arbitration courts.

However, some scholars believe that it is possible to introduce procedures related to ODR

processes in state courts, especially civil courts.

According to the American scholar Lise Embley, virtual trials and ODRs are opening up

new opportunities in the courts, which not only ensure that courts operate during a

pandemic, but also help settle many problems

According to the Ergul Serpil, one of the key issues is to prevent an increase in the

number of applications that need to be considered in court and to see the delayed trials

as soon as the threat of the COVID-19 virus passes and people have the opportunity to

gather in public. These issues can be resolved through ODR and virtual court hearings.

Judges and court staff may also conduct ODR and virtual court hearings from the

courthouse to continue adjourned proceedings. This allows the parties to participate in

the trial remotely (Serpil, 2020).

III. Discussion and analysis

According to the above scholars and judges, disputes can also be resolved online in civil

courts.

Hence, online dispute resolution can also be applied to civil litigation.

Online Dispute Resolution (ODR) is an online dispute resolution that uses alternative

dispute resolution methods. Dispute resolution online involves disputes that have been

partially or fully resolved over the Internet.

Online dispute resolution is done using existing platforms that allow access to the

Internet. Like other alternative ways of resolving disputes is to reach an agreement

between the parties.

Online dispute resolution is an alternative form of dispute resolution that allows the use

of the Internet. Like other alternative methods of resolving disputes online, the parties

Lise Embley. Judicial Perspectives on ODR and Other Virtual Court Processes. JTC Quick Response Bulletin:

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e-ISSN: 1647-7251

Vol. 13, Nº. 1 (May-October 2022), pp. 240-245

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Online dispute Resolution – fantasy or reality?

Otabek Pirmatov

243

are required to have a third party (mediator, arbitrator) in the process of reaching an

agreement.

The state pays great attention to the use of digital technology and new technologies in

the management and resolution of large-scale complex litigation in civil courts. The new

technology provides the opportunity to conduct court proceedings cheap and short time,

as well as to resolve civil cases, including the admission of parties, consideration of

claims, payment of state duties, court hearings and the announcement of decisions.

Reforming the civil justice system is a crucial way to improve the system and ensure that

the public meets the expected results. The process of increasing the application of digital

technologies in all spheres of life is underway. Digital technologies play an important role

in achieving justice in civil litigation, improving efficiency and results, and reducing costs.

Dispute resolution online is done on a dedicated digital platform and covers the process

from the initiation of the claim to the resolution of the dispute. An online conflict

resolution platform can work based on human input data or artificial intelligence

algorithms.

From traditional dispute resolution with online dispute resolution:

1) not to enter into face-to-face negotiations with the parties;

2) automatic recording of negotiations and storage of information about all disputes;

3) the intelligence of the machine can increase efficiency.

The effectiveness of the judiciary can be achieved by seeing disputes less important and

smaller in size by ODR.

Alternative methods of dispute resolution, including the relationship of the opposing

parties in their online form, play a key role. The voluntary nature of online dispute

resolution also makes it easier for the supporting parties or the person (arbitrator) to

decide on the disputed issues. ODR is very important for parties that are separated by a

very long distance.

The ODR encourages the use of modern technology in defending their rights in the

community and reduces legal barriers.

The ODR can allow the parties to resolve disputes early, which frees the court from

resolving complex issues such as filing a lawsuit, participation. The ODR can simplify

litigation and expand the ways in which it participates.

Dispute resolution online can be a way for lawyers to familiarize their clients with civil

disputes without leaving the office or home.

It would be advisable to resolve disputes online or virtually in our civil courts.

In foreign countries, court proceedings can be conducted by videoconferencing on special

platforms or public platforms. These proceedings are done by Zoom in SAR, Uganda,

Microsoft teams in New Zealand and through a special court platform in China. The

platforms used by the above countries can also be used by the public and the parties are

very comfortable.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 13, Nº. 1 (May-October 2022), pp. 240-245

Notes

Online dispute Resolution – fantasy or reality?

Otabek Pirmatov

244

It would be advisable for civil courts to use platforms that are accessible to all when video

proceedings are conducted by videoconference.

It would have prevented citizens from spending money and time going to court to

participate in court hearings via videoconferencing.

Beijing, Guangzhou and Huangzhou Internet Courts established today in the PRC

, e-

Estonia platform in Estonia, online courts through India’s platform

, Virtual court hearings

are held in countries such as the Netherlands.

The preamble to the Beijing Internet Court's Special Instruction on Conducting Internet

Trials on the Tianping Chain Platform states that Beijing Internet Court hearings will be

held on the Tianping Chain platform, which is based on blockchain technology.

IV. Conclusion

The statement of claim submitted and the documents attached to it if the procedural

legislation does not meet the requirements, a notice of correction of the statement of

claim shall be sent in due time and the time of receipt of the statement of claim shall be

recalculated from the day following the day of In our country, many sites operate under

the domain name Uz. Under these domains we can create special sites for ODRs.

If the parties and other participants in the litigation use the court platform, they will be

verified by biometric identification.

In Beijing, Guangzhou and Huangzhou Internet courts set up in the PRC, the parties are

verified by biometric identification.

India's platform

number can be accessed by dialing the number.

We propose to include in our civil procedure legislation the rules for the procedure for

receiving claims:

The online court will accept the statement of claim and the documents attached to it by

the plaintiff online, and within 10 days after the receipt of the statement of claim, the

online court will take the following actions: those who meet the requirements of

procedural law register the claims and send a notice receipt of the statement of claim. If

the plaintiff does not make corrections to the statement of claim in accordance with the

requirements of procedural law within the prescribed period, the court shall issue a ruling

on the return of the statement of claim.

In the online court system, claims are completed on an electronic platform. Therefore,

the number of rulings by the courts on the return of claims is reduced.

The inclusion of the above proposals in the civil procedure legislation would pave the way

for the stable operation of civil courts in the event of a pandemic and the protection of

the rights and interests of our citizens.

Beijing Internet Court http://tpl.bjinternetcourt.gov.cn.

http://vcourts.gov.in.

JANUS.NET, e-journal of International Relations

e-ISSN: 1647-7251

Vol. 13, Nº. 1 (May-October 2022), pp. 240-245

Notes

Online dispute Resolution – fantasy or reality?

Otabek Pirmatov

245

References

Embley, Lise (s.d.). Judicial Perspectives on ODR and Other Virtual Court Processes. JTC

Quick Response Bulletin: 4.

Negi, Chitranjali (s.d.). Concept online dispute resolution in India. Electronic copy

available at: http://ssrn.com/abstract=2596267

Reiling, Dory (2017). Beyond Court Digitalization With Online Dispute Resolution.

International Journal For Court Administration | Vol. 8 No. 2, May. ISSN 2156-7964

.URL: http://www.iacajournal.org.

Sadushi, Mimoza (2017). The theory and practice of dispute resolution in the digital age.

Global Journal of Politics and Law Research. Vol.5, No.7, pp. 57- 69, December.

Schmitz, Amy J. (2019). Expanding Access to Remedies through E-Court Initiatives. 67

Buffalo Law Review, 89 (2019): 89.

Serpil, Ergun (2020). Coronavirus and the Courts, Webinar II. National Center for State

Courts. NCSC.org/pandemic. 15 April.

Wahab, M.S. Abdel; Katsh, E.; Rainey, D. (2012). Online dispute resolution: Theory and

practice. A treatise on technology and dispute resolution. Hague: Eleven International

Publishing.

How to cite this note

Pirmatov, Otabek (2022). Online dispute resolution - fantasy or reality?. In Janus.net, e-

journal of international relations. Vol. 13, Nº 1, May-October 2022. Consulted [online] in date

pf last visit, https://doi.org/10.26619/1647-7251.13.1.03