Online Dispute Resolution for Electronic Commerce Disputes Happening between Businesses and Consumers

Abstract

This abstract is a part of research “Online dispute resolution for electronic commerce disputes happening between businesses and consumers”. The purpose of the research is to find means to implement online dispute resolution in settling electronic commerce disputes happening between businesses and consumers in Thailand. In addition, this study is a qualitative and documentary research by collecting data from books, textbooks, articles, research reports, court judgments and related legislation both in Thailand and other countries.

Based on the study, the author finds that ways to settle electronic commerce disputes happening between businesses and consumers in Thailand that should be used are as follows. Regarding online negotiation, even though online negotiation reduces costs suitable for disputes involving low capitals, it is not appropriate for settlement of electronic commerce disputes happening between businesses and consumers for the following reasons. 1) Online negotiation can be used to settle damages only. With this method, it cannot be determined who is the damaged party and who is responsible for the damages in disputes. 2) Online negotiation is short of enforcement. As for online mediation, online mediation is suitable for settling electronic commerce disputes happening between businesses and consumers. Even though there are limitations in online mediation, i.e., despite a compromise agreement, even any party does not abide by the agreement, the other party still has to use dispute resolution by court. However, online mediation is suitable for disputes with low capitals such as disputes happening between businesses and consumers because it is a convenient and quick methods with low costs. Besides, online mediation may help solve problems deriving from consumers having less bargaining power than businesses and also keep relationship between parties. As for online arbitration, even though online arbitration has enforcement as binding award and it can be enforced among states that are member of New York Convention (NYC), it is not suitable for settling electronic commerce disputes happening between businesses and consumers with low capital because dispute resolution by way of online arbitration involves high costs. Therefore, it might not be worth the effort and money spent on the online arbitration.