A future global ODR system A future global ODR system A developing country perspective Mrs. Cécile...
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Transcript of A future global ODR system A future global ODR system A developing country perspective Mrs. Cécile...
A future global ODR systemA future global ODR system A developing country perspective
Mrs. Cécile Barayre([email protected])
ICT Analysis Section Science, Technology and ICT Branch
UNCTAD
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Presentation outline
• Trends in worldwide ICT uptake • Trends in e-commerce development in
developing countries (DCs)• Legal infrastructure supporting e-commerce in
DCs: the role of UNCTAD• Challenges for ODR in DCs : the case of
cyberlegislation.org in India• Policy implications to promote ODR
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Technologies trends in DCs Mobile phones spreading, new applications emerging
• Mobile has become the most preferred ICT tool: o affordable, low operating costs and power
requirements/responds to an essential need of communication not supplied by landlines
• Continued growth in emerging economieso India: almost 100 million new subscriptions (Jan-July/09)
• New mobile applications emerging (e.g. m-banking, m-commerce)
• Strong interest in expanding mobile broadband
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Mobile growth continuesWorldwide subscriptions up to 4.6 billion in 2009
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
Mobile subscriptions per 100 inhabitants, 2003-2008, by country Mobile subscriptions per 100 inhabitants, 2003-2008, by country groupgroup
Internet users keep expandingNow 1.4 billion users; highest growth in the South
Internet users per 100 inhabitants, 2003-2008, by country groupInternet users per 100 inhabitants, 2003-2008, by country group
15% growth Worldwide in 2008
25% growth for developing countries
China has largest number of internet users (298 millions)
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
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Widening divide in broadband connectivityNow 400 million fixed broadband subscribers
Broadband subscriptions per 100 inhabitants, 2003-2008, by country groupBroadband subscriptions per 100 inhabitants, 2003-2008, by country group
8 times higher penetration in developed than in developing economies…
… >200 times higher than in LDCs
Source: Information Economy Report 2009, UNCTAD (UNCTAD based on ITU and national data )
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Trends in e-commerce in DCsTowards m-commerce
• No data on the volume of e-commerce in DCs but a large share is B2B
• Mobile-based services: M-banking, M-commerce: o Cellbaazar, M-pesa, etc.
• E-government developing in many DCs, so are legal frameworks
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Obstacles to e-commerce&m-commerce in DCs
o Literacy; not so much an issue for m-commerceo Lack of supporting policies;o Availability, speed and cost of Internet access, low
computer penetration, lack of relevant mobile applications;
o Lack of payment and delivery facilities; o Lack of e-commerce culture o Lack of content in local languages.o Lack of trust, of legal framework, o Lack of knowledge on ODR procedures
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Role of UNCTADBuilding legal frameworks
• UNCTAD’s Program on ICT and Law Reform – Builds capacity of policy makers and legal practioners: distance learning and face-to-face training course on the Legal issues of e-commerce – Prepares comparative studies on regional harmonization of cyberlaws (Latin America, Central America)– Drafts and reviews cyberlaws
• Active in 26 DCs: Latin and Central America, East African Community and Cambodia and Lao PDR
• UNCTAD works in cooperation with UNCITRAL and regional institutions.
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ODR in developing countriesHas not really taken off
• Very few ODR providers in DCs, even less using SMS based mobile phone interactions
• Pioneers : China, Peru, India and Singapore• Challenges include: o adapt to new mobile platforms rather than computers; o develop relevant ODR applications and content in local
language; o create awareness and change culture.
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ODR in IndiaCyberarbitration.com
• Front runner in the implementation of ODR• Very few ODR providers• Cyberarbitration.com targets B2B but also B2C,
C2C, B2G and G2C; number issues arising pertaining to Intellectual Property Rights and their violations
• A limited increase in the number of cases since the beginning of arbitration
• An increase in the number of cases expected with the mobile Internet and mobile revolution
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ODR in IndiaCyberarbitration.com
• Challenges include: o slow adoption of computers and the online
environmento superficial penetration of computerso “Feel and touch” cultureo Lack of awareness about ODR mechanisms
among the relevant stakeholders
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Policy Implications
• Educate and create awareness among merchants and consumers regarding the impact and increasing importance of ADR/ODR in resolving commercial disputes
• Ensure that national legislation recognizes the validity and enforceability of electronic transactions and facilitates the use of out-of-court dispute settlement schemes.
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Policy Implications
• Consider mobile devices platforms• Enhance cooperation and exchange with other
service providers• Promote voluntary adherence by e-businesses
to trustmark and reliability programmes • Give sufficient attention to cultural and linguistic
differences in providing ODR services