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Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center (e.g. ECC- NET) or other recognized ODR provider (e.g. BBB) This flower is a hypothetical example of one of many logos or trustmarks of different ADR/ODR interconnected programs

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Page 1: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Cross-Border ODR Pilot

ODR should be nice and easy

6 February 2012 1

Buyer clicks on a website of the seller

Buyer clicks on a website of the seller

Buyer clicks on a website

of a consumer center (e.g. ECC-NET) or

other recognized

ODR provider (e.g. BBB)

This flower is a hypothetical example of one of many logos or trustmarks of different ADR/ODR interconnected programs

Page 2: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

6 February 2012 2

Again, this is a hypothetical example of one of cross-border ODR platforms participating in the global ODR system. The purpose of the next few slides is to show how a cross-border ODR platform or application might look like.

Page 3: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

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Page 4: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

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Page 5: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

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Initially, the cross-border ODR is workable for simple, narrowly defined fact-based claims and many e-commerce claims are like that. The system can be gradually extended in the future.

ODRlanguage

Page 6: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Goods or Services Not Received

Agreed delivery date was on ___ [DATE], nothing was received by that date.

The seller must deliver the goods or services that are described in the contract.

The buyer has a right to receive the goods or services that are described in the contract.

6 February 2012 6

Item not received

Page 7: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Zboží nebo služby nebyly poskytnuté

Dohodnuté datum dodání bylo dne ___ [DATUM], a k tomuto dni nic nedošlo.

Prodávající musí dodat zboží nebo služby, popsané ve smlouvě.

Kupující má právo obdržet zboží nebo služby, popsané ve smlouvě.

6 February 2012 7

Zboží nedošlo

This slide illustrates how language issue can be resolved. It is possible to standardize the ODR process communication for simple, narrowly defined fact-based e-commerce claims and localize it in as many languages as possible.

Page 8: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

First working draft:“… It also enables full unlimited participation into redress systems for persons who may have difficulty communicating effectively with textual communication. The use of ECRI will greatly facilitate participation through the reduction of barriers for certain populations.   ECRI License….. Further development of ECRI…ECRI  Claims in a Complaint”

6 February 2012 8

E-Commerce Resolution Interchange (ECRI)

Item not as described

ECRI is a name of a proposed ODR communication quasi-standard. We have prepared first working draft of ECRI. ECRI should be finalized during the proposed pilot.

Page 9: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

6 February 2012 9

.

Page 10: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Where the Complaint will go?

ODR will include negotiation,

mediation/arbitrationdecision

enforcement

6 February 2012 10

To the seller if buyer clicks on a website of the seller. That means the seller has publicly opted for ODR

To the seller if buyer clicks on a website of the seller. That means the seller has publicly opted for ODR

To the seller and a consumer center or

ODR provider if buyer clicks on a

website of a consumer center or ODR provider . The

center/ODR provider will

forward complaint to a participating

center/ODR provider in seller’s

country. This provider will

approach the seller so that the seller

accepts ODR in this case

Page 11: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

ODR programs participating in the cross-border ODR need to: (i)meet consistent criteria and operate under similar rules;

(ii)either be accredited or reviewed by respective national regulator(s) prior to their participation;

(iii)if possible be assisted by interlinked consumer centers providing guidelines to consumers and outreach to domestic online sellers;

(iv)incorporate common ODR procedural language/communication standard understandable to all ODR providers and consumer centers, in order to enable self-resolution as well as third-party mediation/arbitration; and

(v)operate as an online platform, implementing the common ODR language and minimum common technology requirements.

What do we need? Anatomy of a global ODR

6 February 2012 11

Item shipped

Page 12: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Future global cross-border ODR systems must incorporate:

Minimum common ODR rules and standards for ODR providers and neutrals, i.e. results of the work of UNCITRAL Working Group III;

Cross-border ODR infrastructure interconnecting all ODR stakeholders; and

A viable way to set up and implement the common ODR rules and cross-border ODR infrastructure while at the same time supporting the establishment of various ODR programs on a global or regional basis competing and complementing one another.

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Page 13: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

UNCITRAL Working Group III

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Page 14: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

CentralDB

Cross-border ODR Exchange Architecture

An ODR Exchange will be established to host Central Databases containing information necessary for the system regionally/ worldwide

Every case in the database will have its data structured in the same way, for instance:

Case ID: (8 integers)Complainant name: (60 characters)Complainant email: (60 characters)Respondent name: (60 characters)Respondent email: (60 characters)Transaction date: (date)Complaint date: (date)Website where complaint originated (URL)…

Every case will also be classified with reason codes indicating the complaint type, the preferred resolution, the response and the offered resolution, making translation less of an issue

56: Item Not Received58: Item Broken66: Item Not Authentic72: Item Not as Described…

Proposed ECRI

Standard

6 February 2012

Page 15: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Cross-border ODR Exchange Architecture

ODR Exchange will include the following:

- Necessary central databases (e.g. list of accredited ODR providers);

- ODR communication standard (ECRI);

- Minimum technology requirements on ODR providers (common technology protocol);

- Application to operate the central databases; and

- Implementation of the above issues provided as a service

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Item broken

These are components of the ODR Data Exchange, one of the necessary instruments of a global ODR

Page 16: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

CentralDB

ODR ExchangeTechnology neutral standard data structures will enable an ODR Provider to use its own application which interconnects with its existing case administration system

Cross-border ODR Exchange Architecture

ODR Provider

ODR Provider can also obtain such application from a third party provider, together with quick updates of ECRI enhancements and support services (software as a service)

NationalConsumer Protection Authority

Local Consumer Protection

Agency

seller buyer

6 February 2012

Page 17: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

CentralDB

ODR Exchange

ECC-NET forms and look-and-feel

Cross-border ODR Data Exchange Architecture

ODR Protocol

BBB forms and look-and-feel

NationalConsumer Protection

Center

Global Trustmark

seller buyer

6 February 2012

ODR Data Exchange will enable different ADR/ODR providers and participating consumer centers to keep their look-and-feel and still communicate with each other. It might also implement region-specific ODR programs (e.g. within EU) while keeping global interoperability.

Page 18: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

CentralCaseDB

ODR Exchange

NationalConsumer Protection Authority

Cross-border ODR Exchange Architecture

seller

If the seller does not implement issued ODR awards, the national consumer authority can take enforcement actions; there is a prevailing view that the decisions should be enforceable under the New York Convention; in addition, they might be enforced via private enforcement intermediaries (e.g. payment channels) and the default of the merchant may also be published by the ODR Exchange

Enforcement via NYC

Private enforcement via payment channels, naming-shaming

6 February 2012

Page 19: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

ODR Exchange

Cross-border ODR Exchange Architecture

€€

Seller 1-n

ODR Exchange will not be handling any cases and will not market itself to consumers and/or online sellers. Users of ODR Exchange service (accredited ODR providers and consumer centers) will market its services publicly.

Regional implementations of ODR Exchange can serve as a collection agent of regular small fees from online sellers for their use of the regional ODR logo (e.g. ECC-NET ODR), or an existing trustmark, or logo of an ODR provider (e.g. ADR.EU) to cover costs of case handling by regional or national ODR providers.

In addition, ODR Exchange will contain principal information for buyers and sellers online (links to consumer centers, commonly structured statistics etc.) and can be connected with international public awareness campaigns.

ODR Provider 1-n

6 February 2012

Page 20: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

ODR Exchange

Services of ODR Exchange will provide the following:

- multi-lingual ODR application implemented in a cloud and provided as a white label service to accredited ADR/ODR providers and consumer centers;

- maintenance and operation of central databases of the cross-border ODR system (e.g. database of accredited ODR providers and neutrals or black list of sellers which do not implement issued decisions);

- providing consultations and implementation services to ODR programs; and

- maintenance of a global ODR communication standard and minimum technical requirements so that ODR providers are - . able to implement their own unique ODR

solutions consistent with the published

- specification.

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Page 21: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

ODR Exchange

I. ODR providers/consumer centers will receive:

- updated specifications;

- maintenance of central databases;

- consulting and implementation services

- ready to be implemented cross-border ODR solution;

II. ODR providers/consumer centers will:

- localize communication standard and ODR Rules;

- promote implementations of ODR Data Exchange to consumers and

online sellers in their respective countries.

6 February 2012 21

Not paid

Page 22: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

ODR Exchange Pilot (www.odrexchange.com)

ODR Exchange pilot started in January 2012.

Our goal is to verify and discuss cross-border ODR system which is workable, very simple, and which can work without basic regard to detailed provisions of applicable law, specific national rules for the protection of consumers etc.

ODR practitioners from many countries participate, including from USA and Canada (BBB), Latin America (ILCE), EU (ECC-NET), Korea etc. New entities are joining…

First draft documents for discussion and comments were distributed this week. All pilot documents are available at www.odrexchange.com.

6 February 2012 7

Page 23: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Proposal to Pilot ODR Exchange

First stage of the pilot will last from January to May 2012 and will include the following:

-Verification and testing of the proposed functions of ODR Exchange application;

-Finalization of the ODR communication standard and minimum technology requirements on ODR providers;

-Clarification of costs involved for ODR providers with administering cross-border ODR disputes;

-Necessity/desireability of some kind of coordination structure of the ODR stakeholders using ODR Data Exchange;

- Contacts and discussions with payment channels and with associations of online sellers and large online sellers.

EVERY PILOT PARTICIPANT WILL C COVER ITS OWN COSTS

6 February 2012 23

Discount

Page 24: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Proposal to Pilot ODR Exchange

Results of the first stage of the pilot will be announced during UNCITRAL meeting in May 2012.

During the second stage of the Pilot (till October 2012) the ODR Exchange will be finalized. We expect ODR Exchange to be put into live operation in the fall of 2012.

6 February 2012 24

Replacement

Page 25: Cross-Border ODR Pilot ODR should be nice and easy 6 February 2012 1 Buyer clicks on a website of the seller Buyer clicks on a website of a consumer center

Cross-border ODR Pilot

Thank you for your attention.

Zbynek [email protected]

6 February 2012 25