CWR > Volume 8(1); 2022 > Article
Research Article
Published online: March 1, 2022
DOI: http://dx.doi.org/10.14330/cwr.2022.8.1.02
Online Dispute Resolution Mechanism in China: Principle of Proceedings and Impact of Technologies
Zhixun Cao
Peking University School of Law
Room 315, Chenming Building, No. 5 Yiheyuanlu Road, Peking University Law School, Haidian District, Beijing 100871, China.
Corresponding Author: pkuhector@pku.edu.cn
ⓒ Copyright YIJUN Institute of International Law. This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.
Abstract
In China, all dispute resolution mechanisms have introduced online dispute resolution (ODR) system into their operations. To address this situation, this article suggests the principle of due process should include the limitations of Internet-based dispute resolution attempts and the impact of technologies should be taken seriously. The first part of this paper introduces the development of ODR in China. The second part identifies the major areas in which the due process should be secured. The third part focuses on new technologies and its relationship with ODR and among others, electronic evidence and artificial intelligence are discussed. This article concludes that we first need to consider the rapid development of ODR, while the settled procedural principles regarding due process and neutrality should still be the primary task of civil justice and Alternative Dispute Resolution.
Keywords : Online Dispute Resolution, Service of Legal Documents, Neutrality of Procedure, Electronic Evidence, Legal Artificial Intelligence
