LARISSA D’ANGELO*Online Dispute Resolution in Italy:State of the Art and Future Perspectives
LARISSA D’ANGELO* Online Dispute Resolution in Italy: State of the Art and Future Perspectives 1. Introduction In the present-day globalisation of trade and commerce, Alternative Dispute Resolution (ADR) has been increasingly seen as an efficient, economical and effective alternative to litigation for settling com- mercial and other disputes (Davis 2006). Within the ADR panorama, Online Dispute Resolutions (ODR) has become a new and recent way of dealing with disputes, which is slowly appearing on the Italian commercial scene. In the last few years this phenomenon has become more and more popular. In particular, in the years 2000-2003 there was a rapid growth of online sites set up for promoting the resolution of disputes online through the ODR system. When it appeared, some people considered ODR to be too innovative, destined to disappear in a short time; instead others believed it was suitable only for certain instances (Sali 2003). However, despite this criticism, ODR has devel- oped constantly, gaining more and more attention from users. None- theless, although it is considered a faster and cheaper tool able to overcome geographical barriers, Italian consumers still seem to prefer the traditional mediation and arbitration practice (Katsh/Leah 2006). The experts think this is mainly due to cultural reasons and to the fact * The research on which this chapter is based is part of an international research project entitled International Commercial Arbitration Practices: A Discourse Analytical Study (http://www.english.cityu.edu.hk/arbitration/), headed by prof. Vijay Bhatia of the City University of Hong Kong. It also contributes to...
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