On December 15, 2017, Deputy Secretary General of CIETAC, Dr. Li Hu, was invited to attend the Electronic Commerce Dispute Resolution Seminar held by Arbitration Committee of ICC China in Beijing and moderated panel discussions. The Seminar focused on related issues of electronic commerce dispute resolutions. Yu Jianlong, Secretary General of CCOIC, Professor Shen Sibao, Chairman of Arbitration Committee of ICC China also attended the Seminar and made speeches. About 200 people of legal and commercial communities took part in the Seminar.
With the development of e-commerce, China has already become the biggest e-commerce market in the world. In order to promoting the trade development and speed up globalization, issues such as the limit of business scope of enterprises, the protection of rights and profits of producers and consumers and intellectual property rights disputes have become the focus of the electronic commerce industry. Under this circumstance, the Seminar made in-depth discussion about the demand, the current situation and options of electronic commerce dispute resolution.
During the seminar, Li moderated the penal discussion on the issue of ¡°the electronic commerce dispute resolution, rules and institution selection¡±. Li , Shi Hong, the partner of Fangda Partners, Yang Anjin, the executive partner of Beijing Wis & Weals Law Firm, made in-depth discussion on the specific demand of E-commerce platform and the international and domestic trend of electronic commerce dispute resolution. They also made comments on the current and future situation of online dispute resolution, the possibility of Alternative Dispute Resolution (ADR), the problems ahead and the methods of popularizing online dispute resolution.
In the discussion of Online Dispute Resolution (ODR), Shi pointed out that Online Dispute Resolution is the best dispute settlement mechanism of internal disputes within E-commercial platform. Shi took the examples of eBay and Taobao to illustrate the differences of the electronic commerce dispute resolution methods between China and abroad. Shi also introduced the rules and mechanism of electronic commerce dispute resolution by UNCITRAL, EU, CIETAC and HKIAC.
Li Hu introduced the current development situation of online arbitration in China. He pointed out that CIETAC started Online Dispute Resolution at a very early stage. In 2009, CIETAC announced Regulations of Online Arbitration and there have been a few cases concluded through online arbitration. In terms of domain name dispute resolution, CIETAC has been providing the corresponding service since 2009 and there have been more than 4,000 domain name dispute resolution cases resolved through this mechanism. Owing to its advantage of equity, high-efficiency, speediness and reliability of enforcement, domain name dispute resolution mechanism has become the main dispute resolution method of resolving domain squatting disputes.
Li pointed out in his conclusion speech that, with the further popularization of Internet, the effect of Online Dispute Resolution would be attached more importance, and traditional dispute resolution would rely more on Internet. Arbitration institutions also hope to resolve disputes via Internet. He expected that the government and courts can strongly support the development of Online Dispute Resolution to increase dispute resolution efficiency, reduce arbitration expense and increase the transparency of arbitration process.
Xue Hong, director of Beijing Normal University Research Center of Internet Policy and Law, Professor Yu Danling, director of Research Center of International Commercial Law of China Foreign Affairs University, and Zhan Wei, general law consul of Alibaba Group Holding Ltd. were invited to attend the Seminar and expressed their opinions and viewpoints on related issues.
The seminar has built up a platform for the experts to exchange viewpoints and experience on the research, establishment and promotion of international electronic commerce dispute resolution.
