MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE DISPUTE RESOLUTION: INTERNATIONAL APPLICATION AND LESSONS FOR VIETNAM Specialization: International Trade Policy and Law FULL NAME: NGHIEM LY TIN HANOI - 2020 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE DISPUTE RESOLUTION: INTERNATIONAL APPLICATION AND LESSONS FOR VIETNAM Specialization: International Trade Policy and Law Code: 8310106 FULL NAME: NGHIEM LY TIN SUPERVISOR: DR HA CONG ANH BAO HANOI - 2020 i TABLE OF CONTENT REASSURANCE ACKNOWLEDGEMENT LIST OF ABBREVIATIONS LIST OF FIGURES SUMMARY OF THESIS RESEARCH RESULT INTRODUCTION Research rationale Literature review .9 Research objectives 12 Research questions 13 Scope of research 13 Methodology 14 Research disposition 14 CHAPTER 1: FUNDAMENTAL FRAMEWORK 15 1.1 History of Online Dispute Resolution 15 1.2 Online Dispute Resolution and characteristics 18 1.2.1 Definitions 18 1.2.2 Characteristics 21 1.3 Methods of Online Dispute Resolution 22 1.3.1 Group of fundamental methods 22 1.3.2 Group of compound methods 28 1.3.2.1 E-Mediation-Arbitration (E Med-Arb) 28 1.3.2.2 Ombudsman 28 1.3.2.3 Online juries/mock trials 29 1.4 Advantages and Disadvantages of ODR application 30 1.4.1 Advantages of ODR 30 1.4.2 Disadvantages of ODR 35 1.5 Basic conditions for ODR implementation 39 1.5.1 Awareness and trust to ODR 39 ii 1.5.2 Legal regulations 40 1.5.3 ICT platform 40 CHAPTER 2: INTERNATIONAL APPLICATION ON ONLINE DISPUTE RESOLUTION 41 2.1 Application on ODR in European Union 41 2.1.1 Legal framework of ODR in EU 41 2.1.2 Practical application in European Union 45 2.2 Application on ODR in North America 48 2.2.1 Legal framework of ODR in North America 48 2.2.2 Practical application in North America 49 2.2.2.1 Government Initiatives in ODR 50 2.2.2.2 ODR Professional Organizations 53 2.3 Application on ODR in China 58 2.3.1 Legal framework of ODR in China 58 2.3.2 Practical application in China 59 2.3.2.1 ODR and Domain Names Disputes: The ADNDRC .61 2.3.2.2 ODR and the CIETAC Online Dispute Resolution Center 61 2.3.2.3 The HKIACODR Initiative 63 2.3.2.4 Other Initiatives 64 2.4 Evaluations and future of ODR 65 CHAPTER 3: APPLICABILITY AND PERSPECTIVE OF ONLINE DISPUTE RESOLUTION IN VIETNAM 67 3.1 Statement of Online Dispute Resolution in Vietnam 67 3.1.1 Factors for ensuring ODR application in Vietnam 67 3.1.2 The necessary of application ODR in Vietnam 69 3.1.3 Current situation of conditions to apply ODR in Vietnam 72 3.1.2.1 Current situation of ODR in Vietnam 72 3.1.2.2 Advantages and opportunities 74 3.1.2.3 Disadvantages and reasons 77 3.2 Suggestions and solutions 78 CONCLUSION 82 LIST OF REFERENCES 83 REASSURANCE I hereby assure that this master thesis is exclusively made by myself and that all data and results stated in this master thesis are honest In addition, I hereby assure that all of the supports in the process of implementation cited in the master thesis have been specified its sources Author Nghiem Ly Tin ACKNOWLEDGEMENT First and foremost, I would like to express my sincere gratitude to my supervisor, Dr Ha Cong Anh Bao for his enthusiastic support of my graduation master thesis, with patience and knowledge Hardly could I complete my work without his fascinating guidance and suggestions throughout the past five months Beside my advisor, I would like to thank all professors and lecturers in Foreign Trade University, especially lecturers in Master Program of International Trade Policy and Law (MITPL), who spent all their enthusiasm and dedication to bring knowledge to us The result acquired in the learning process is not only necessary for me to complete my thesis, but also help me be more confident to improve my career in the outside world My special thanks also is for my family, friends and my classmates for their encouragement and spiritual supports they gave me in the whole time of composing one of the most important and meaningful work in my life Hanoi, 09 July 2020 Nghiem Ly Tin LIST OF ABBREVIATIONS ADNDRC ADR The Asian Domain Name Dispute Resolution Center Alternative Dispute Resolution B2B Business to Business B2C Business to Consumer C2C Consumer to consumer CAGR Compound Annual Growth Rate CIETAC Economic and Trade Arbitration Commission CNDRP CNNIC Domain Name Dispute Resolution Policy CNNIC China Internet Network Information Center CPTPP Comprehensive and Progressive Agreement for TransPacific Partnership CRDP The Center for Research in Public Law DNDRC Domain Name Dispute Resolution Center ECC-NET European Consumer Centers Network E-commerce Electronic commerce EEA European Economic Area EU European Union EVFTA Vietnam Free Trade Agreement FTA Free Trade Agreements GDP Gross Domestic Product HKDNR The Hong Kong Domain Name Registration Company Limited HKIAC The Hong Kong International Arbitration Centre ICANN The Internet Corporation for Assigned Names and Numbers ICT Information & Communication Technology IT Information technology KIDRC Korean Internet Address Dispute Resolution Committee KLRCA The Kuala Lumpur Office operated by the Kuala Lumpur Regional Center for Arbitration NADRAC The Australia National Alternative Dispute Resolution Advisory Council NCAIR The National Center for Automated Information Research NCTDR The National Center for Technology and Dispute Resolution OAS Organization of American States ODR Online Dispute Resolution PPP Purchasing Power Parity RCEP Regional Comprehensive Economic Partnership SDRCC The Sports Dispute Resolution Center of Canada SMEs Small and medium-sized enterprises TDRP Transfer Dispute Resolution Providers TLD Top level domain names UDRP Uniform Domain-Name Dispute-Resolution Policy UNCITRAL United Nations Commission on International Trade Law USA United States of America USD United States Dollar WTO World Trade Organization LIST OF FIGURES Figure 01: The process on the ODR platform 42 Figure 02: Complaints summited per month in two years of ODR platform implementation 46 Figure 03: Structure of complaints under regional levels and product ranges 47 Figure 04: Vietnamese Internet users 67 Figure 05: Smartphone penetration rates in Vietnam 68 Figure 06: Structure of retail market in Vietnam 69 SUMMARY OF THESIS RESEARCH RESULT In the circumstance of global and regional integration, E-commerce is expanding in Vietnamese society as the major mode of purchasing Online dispute resolution (ODR) seems to be the most suitable method to solve conflict arise from E-commercial activities and other businesses in the digital era However, currently the full awareness of ODR and related issues still are strange with most of parties who join ODR implementation including government, enterprises and consumers The Master thesis with topic of “Online dispute resolution: International application and lessons for Vietnam” concentrates on analyzing and consolidating ODR definition and characteristics with practical lessons from some foreign countries with legal challenges, along with supplying recommendation on applying ODR in Vietnam situation to bring a vision and opinion of the author based on academic aspect The recommendations and solutions found in the thesis hopefully are going to contributes a little to ODR development and growth in Vietnam 73 Lazada, Tiki and Sendo launch the feature of livestream on smartphone apps simultaneously, parallel with develop infrastructure and competition of delivery time to create new and substantial values to keep growth and reach sustainable development Along with the remarkable attributes, the policies of dispute resolution regulated by exchanges play as a vital role to get belief of both sellers and buyers, as well as make the transaction environment be safe with consumers’ right will be defensed Being one of the biggest E-commerce exchanges, Tiki is a typical case of applying online dispute resolution at early level in Vietnam It prioritizes negotiation and mediation among parties to remain relationship, belief of customers in Tiki service quality Under the support policy of Tiki, the detailed claim mechanism runs under the steps below: - Step 1: Customers complaint of goods, service of the seller that bought on tiki exchange via one of the channels:  Email to: hotro@tiki.vn;  Call to Hotline: 19006035  Send letter to Tiki headquarter - Step 2: Tiki Care team will receive claims, contact to clarify customers’ requirements as soon as possible, and no more than working days since receiving day Depending on quality and serious level, Tiki will have detailed solutions to support customers - Step 3: Tiki may require customers and/or sellers to supply information, evidences relate with transactions, products to check, clarify and find suitable solution - Step 4: In case Tiki tried to settle, but the work is over its ability and authority, Tiki will suggest customer to submit the dispute to relating state authority under law rule Beside the forces of improve online dispute settlement implemented by Ecommerce exchange, professional legal organizations are also established to serve demands of ODR, in which Hanoi International Arbitration Center (HIAC) is a 74 remarkable case Combining the advantages of out-of court dispute resolution, the ODR system of HIAC allows organizations, persons to be able to reach the system at everywhere and every time with Internet connection, warrant the process of settlement happens quickly, conveniently with low cost The disputes are settled by HIAC system not depend on their value The disputes settled by the system includes ones rose by online and real transactions since June 2020 at www.hiac.vn To contribute to the development of ODR in Vietnam, HIAC intends to connect its ODR system with E-commerce exchanges to support relating parties, corporate with foreign ODR suppliers to resolve trans-boundary E-commercial conflicts, work with domestic organizations of arbitration and mediation to supply ODR solution and other entities to expand branches of HIAC, or provide the protocol for parties who want to run the system by themselves 3.1.2.2 Advantages and opportunities a) ICT infrastructure matches ODR requirement basically In recent years, ICT infrastructures in Vietnam are being considered to invest and improve, such as computers, ICT equipment and services, internet, etc ICT suppliers currently are preparing both of labor, technology and equipment to implement service of 4G LTE in recent years as well as 5G in the near future This force distributes significantly to the demand of online service development, applications, especially online trading and transactions b) The advantages and effects of ODR play as motivating role to develop ODR system in Vietnam Flexibility, transparence, information control, removing cross-border barriers, consolidating neutral and saving cost for dispute settlement under ODR system will be attractive with parties The characteristics may be considered by state authorities and companies to use ODR in Vietnam statement suitably ODR may be used as a competitive tool by enterprises, because belief is an important factor for customers to penetrate into E-commerce market On another aspect, ODR is able to decrease or avoid some pressure in negotiations of difficult issues, as such authorization of courts, 75 applying laws, real destination to sue while all disputes will be settled on cyberspace Parties may come to a standstill initially and leave negotiation without agreement, when the issues arise An ODR system that is simple, efficient, effective, transparent and fair offers the hope of real justice in such disputes (R.A Brand 2012, pg.13) c) ODR reduces pressure of court system in Vietnam Vietnamese court system is always in overload (Thao Moc, 2016) with many complicated procedures, so ODR plays a role as the alternative method The effects of ODR will be more and more effective for cross-border transactions, when it can save time and cost, remove language differences and authorization that are considered as disadvantages when applying traditional dispute resolutions d) ODR contributes Vietnam economic growth Internet makes background for Vietnam in general, reduces time to keep up with global economy while commercial growth is always along with Internet and Ecommerce Besides, ODR encourages belief in E-commerce, it leads to E-commerce activities will increase, as well as digital economy will expand Economy development will come along with growth of digital economy, as general From the aspect, ODR plays a role as the motivation of Vietnamese economic growth e) Vietnamese system law on E-commerce is the initial background to improve ODR In the period of 2004-2016, legal framework related with E-commerce was finished basically with 14 laws and 18 by-law documents with the orient of clearing Ecommerce activities, regulate rights and obligations of E-commerce-related parties, and increase administrating role of state authorities simultaneously Although there is not regulation governs ODR directly in Vietnam, current legal documents have made base to build the method in coming time, with the reason below: - Firstly, Vietnamese law admits legal value of E-messages equivalent to written documents, along with detailed regulation of E-signature (token) to identify signing person and verify his approval for the signed message This is an 76 important factor to set up ODR mechanism, while submitting and its evidence are in digital form - Secondly, Decree 52/2013/NĐ-CP on E-commerce to govern its commercial activities has had terms on dispute resolution The Decree regulates specifically parties’ responsibilities in E-commercial transactions, and list feasible methods to settle disputes arise from actions - Thirdly, Law on consumer protection, issued on 2014, supplies terms on settling disputes apply for all kinds of consumer, including buyers, online services with orders and procedures are regulated clearly of settling dispute among consumers and organization/person who trading commodity, through four methods are negotiation, mediation, arbitration and litigation (for disputes with value less than 100 million Vietnam Dong) - Fourthly, Civil Procedure Code, issued in 2015, shows some new terms relating to electronic database and IT application for process of dispute settlement at court, e.g Article 94 and 95 in this law added the definition of “electronic data” as the evidence can be collected - Finally, ability of enterprises is protocol for ODR development E-commerce improve dramatically with various forms, such as website for selling, trading exchange, auction and other services are always attached by strict legal regulations But Vietnamese enterprises themselves actually not follow the regulations completely, especially forms of E-contract that lead to the risks of dispute In accordance with the Report of Vietnam E-Business Index 2019, sellers on social networks are mainly households and individuals Most of them have not grasped proper knowledge about the regulations on E-commerce, so they have no sense of compliance with the laws, including the provisions of the Decree on E-Commerce Whereas, buyers on social networks are often individuals, they usually enter into the contract because they trust the seller or the community Transaction value is usually not much When a dispute happens, it is difficult for them to receive support from the social network provider, and 77 at the same time, buyers not actively exploit the support from other organizations such as state management agencies on consumer protection, the Standard and Consumers Association, arbitration or court (VECOM 2019, pg.13) Besides, Vietnamese enterprises usually not care fully enough about electronic data in data management and processing, person in charge is not specialized, that leads to issues of confidentiality and privacy Disputes will appear with high possibility, and ODR will have more chances to be applied 3.1.2.3 Disadvantages and reasons a) Vietnamese culture makes significant barrier for ODR development Apprehension is set up in Vietnamese deep mind for a long time ago, they also not care so much for enterprise’s responsibility when buying a defected product with low value, it leads to most of them will not sue when disputes arise Besides, ODR is a new definition with Vietnamese consumers, mostly they want to take dispute to court instead of settling disputes on cyberspace Unbelievable evidences, untrusted judgement, or lack of body language and nonverbal behaviors may appear in their mind are the reasons make Vietnamese consumers not choose ODR as priority b) Vietnamese enterprises’ unwillingness reduces demand of ODR application Speed of E-commerce growth goes up significantly in Vietnam, but there are not many enterprises match standards to apply ODR in their business activities The standards are not only infrastructure, but also technical labor Therefore, enterprises not dare to put themselves at risks by settling disputes publically and transparently c) The barrier of language meanwhile applying ODR for international transactions The number of E-commercial websites supply fully with updated information in Vietnamese and English are not really popular in Vietnam, it is quite difficult for partner to check ODR statement In contrary, most of websites all over the world just use English and their tongue languages make Vietnamese consumers use their supply 78 d) Lack of synchronization in policies and laws Personal information confidentiality is importance to apply and extract Ecommerce Many legal documents have regulations about the protection of personal information such as the Civil Code, the Criminal Code, the Law on Information Technology, the Law on Network Information Safety, the Decree on E-Commerce, Decree stipulating penalties for administrative violations in the postal field, telecommunications, information technology, and radio frequencies However, the situation of collecting, using, dispersing, illegally trading personal information is still widespread 3.2 Suggestions and solutions Profoundly affected by the globalization, convenience of the Internet, so far, Vietnam's e-commerce policies have paid little attention to geo-economic factors and narrowing the digital divide between regions The overall E-commerce Development Master Plan for the 2016-2020 period has partly paid attention to this factor However, it just basically refers to improving the quality of state management, organizing short-term training courses for enterprises in localities and proposing support of E-commerce development in some key economic regions National E-commerce development program in the 2014 2020 period assigned local state management agencies for E-commerce to build and organize the implementation of annual E-commerce development projects with these main contents (VECOM 2019, pg 19): 1) Constructing and Developing E-commerce infrastructure; 2) Propagating, Disseminating and Raising awareness; 3) Training and Developing human resources; 4) Developing E-commerce products and solutions According to analyze of advantages for ODR applied in Vietnam currently, in general, ODR can be applied meanwhile the initial conditions of ICT, law can be matched basically in Vietnam, as well as the the benefits from ODR will be 79 motivations for parties are willing to use Although there are many barriers arise when applied ODR practically as a new tool, it is not meaning as insurmountable In process of analyzing disadvantages of ODR, it showed the “belief” of ODRrelating parties behind the difficulties Therefore, to apply ODR in Vietnam context, parties should build belief in E-transactions and arising dispute firstly, belief building up takes time and will not be easy as well The solutions and forces of parties should be implemented simultaneously a) Suggestions for Government Playing role of policy maker, government has a great responsibility for issuing law rules to implement, introduce step by step to resolve legal issues arise when applying ODR to built belief of parties The regulations will not replace traditional methods of dispute resolution, but supply many methods for choosing to be the most convenience with each form of disputes Courts, Commercial Arbitration centers should apply ODR actively Although the documents of direct introduction have not issued, the authorities can build their own Code of conduct to facilitate ODR application Judges, arbitrators and mediators should reach actively and get knowledge of ODR, interpret legal regulations flexibly and suitably with current situation to improve ODR in Vietnam b) Solutions for enterprises E-commercial enterprises should be the pioneers of ODR application in their business activities, they can commence with little disputes with low value to build belief of their partners Therefore, arming legal knowledge and technical infrastructure, setting up ODR system little by little up to complete automation, besides, popular foreign languages should be invested such as English, Chinese, French, Spanish, etc into ODR systems ICT suppliers also play an important role, because improving and updating ODR infrastructure is prerequisite The ICT companies should synchronize ICT infrastructure not only in central cities, but also other cities and provinces in Vietnam, facilitate enterprises and consumers to be able to access Internet the most 80 conveniently The E-Business Index report for many consecutive years shows that most E-commerce activities take place in the two largest cities of the country – Hanoi and Ho Chi Minh City and some nearby provinces such as Bac Ninh, Vinh Phuc, Dong Nai, Binh Duong and municipalities such as Hai Phong, Da Nang and Can Tho Online business activities in most other provinces are still weak and there is a risk of falling behind compared to the two leading cities According to an estimate, Hanoi and Ho Chi Minh City accounted for 70% of E-commerce transactions E-commerce scale in other localities, especially in rural and remote areas is very small Meanwhile, about 70% of the population lives in rural areas The rural area has a great potential consumption and is also a supply of various products suitable for online sales It is necessary to narrow the digital divide between localities, especially to support rural areas to sell online in order for E-commerce to develop quickly and sustainably It’s time for state management agencies as well as professional social organizations to have synchronous policies and solutions to turn E-commerce opportunities into reality in every locality, enterprise, and citizen In addition to propagating to local consumers to exploit the benefits of online shopping, the key factor is to actively implement activities to support small and medium enterprises and households in rural areas to sell goods and provide services online c) Solutions for consumers Currently, Vietnamese consumers are able to reach E-commerce every times in every where basically, just with smartphone or computer in their hands Ecommercial as well as ODR development are undeniable and inevitable, and not science fiction fantasy, it is real and affect to consumers’ life everyday Consumer need improve their own ICT skills and knowledge to avoid fraudulent troubles while they join online shopping or transactions Besides, consumers need to learn and increase awareness of laws and their procedures Taking advantage of available mechanisms of dispute settlement, including traditional and alternative resolution, to protect own rights actively when 81 disputes arise, update progressively information and policies of ODR application to catch up trend and integrate domestic and global E-commercial market efficiently 82 CONCLUSION By the Master thesis, the author consolidated definition, characteristics, strength and weakness, along with proved the ability of implementing ODR in reality with typical applications from foreign countries that are famous for applying the advanced kind of dispute resolution Through the process of completing the thesis, although ODR is still new field in the system of dispute resolution in Vietnam, the author found the irreversible trend of ODR in the era of E-commerce and digital transformation, as well as benefits ODR bring for Vietnam not only in legal aspect, but also in economic development Applying ODR efficiently is one of the most important factor to build belief of involved parties and motivate E-commerce development in Vietnam Because private and complicated characteristics of ODR, the suggestions and resolutions the author proposed should be always implemented simultaneously for gaining positive results Improving management in administrative works, monitoring, controlling, penalize violating websites, etc they all are not suitable resolutions to set up right procedures and promote ODR operating efficiency To resolve adequately weaknesses of ODR activities, it need the combination of both of establishing professional system of ADR supplying organizations to support ODR activities, and setting up consistent legal documents suitable with international and regional standards and customs of Ecommerce and ODR Furthermore, national information gate should be built to receive claims, requirements of dispute resolutions, expanding awareness of rights and obligations of parties in E-commercial transactions, especially for consumers, along with upgrading ICT infrastructure comprehensively in provinces of Vietnam will be indispensable condition to implement ODR efficiently 83 LIST OF REFERENCES A Articles/Papers Albornoz, “Feasibility analysis of online dispute resolution in developing countries”, University of Miami Inter-American Law Review, Vol 44, No 2, 2013 Arthur Pearlstein et al, “ODR in North America”, 2009 CNNIC, “Statistical Report on Internet Development in China”, 2019 Ethan Katsh, “Online Dispute Resolution as a solution to cross-border Edisputes: An introduction to ODR”, 2011 Ethan Katsh, “ODR: A look at history- A Few Thoughts About the Present and Some Speculation About the Future”, 2009 European Commission (EC), “Report from the Commission to the European Parliament and to Council on the functioning of the European ODR platform established under Regulation (EU) No.524/2013 on ODR for consumer disputes”, Brussel, 2017 European Commission, “Functioning of the European ODR Platform”, Statistics 2nd year, December 2018 EU-VN Business Network (EVBN), “E-commerce Industry in VietnamResearch Report”, Edition 2018 Feliksas Petrauskas et al, “Online Dispute Resolution in Consumer Disputes”, Mykolo Romerio universitetas, ISSN 1392–6195, 2011 10 Hà Công Anh Bảo & Lê Hằng Mỹ Hạnh (2017), “Giải tranh chấp trực tuyến - Khả áp dụng Việt Nam” (Online Dispute Resolution - Ability of applying in Vietnam), Tạp chí Kinh tế Đối ngoại số 93 11 M Conley Tyler, “115 and Counting: The State of ODR 2004”, Proceedings of the Third Annual Forum on Online Dispute Resolution, International Conflict Centre, University of Melbourne, 2004 12 Nguyen Thi Hong Nhung, “Online Dispute Resolution – Experience for Vietnam, International Conference For Young Researchers In Economics And Business”, ICYREB, Da Nang, Vietnam, 2017 84 13 Nguyễn Xuân Dũng (2018), “Giải tranh chấp thương mại thương lượng, hòa giải Việt Nam” (Trade dispute settlement by negotiation and conciliation in Vietnam), Luận văn Thạc sỹ Luật học, trường Đại học Luật, Đại học Huế 14 Orna Rabinovich-Einy, “Technology’s Impact: The Quest for a New Paradigm for Accountability in Mediation”, 11th Harvard Negotiation Law Review, 2006 15 Phan Thị Thanh Thủy (2016), “Giải tranh chấp thương mại hòa giải Việt Nam: Một số vấn đề pháp lý cần quan tâm” (Resolving Trade Disputes through Reconciliation in Vietnam: Some Legal Issues needs being paid attention), Tạp chí Khoa học ĐHQGHN: Luật học, tập 32, số 16 Phan Thị Thanh Thủy (2016), “Giải tranh chấp thương mại trực tuyến: Những vấn đề pháp lý đặt cho Việt Nam”(Resolving E-commerce Disputes: Challenging Legal Issues for Vietnam), Tạp chí Khoa học ĐHQGHN: Luật học, tập 32, số 17 Ronald A Brand, “Party Autonomy and Access to Justice in the UNCITRAL Online Dispute Resolution Project”, Loyola University Chicago International Law Review, Volume 10, 2012 18 Sodiq O Omoola et al, “Towards an Effective Legal Framework for Online Dispute Resolution in E-Commerce Transactions: Trends, Traditions, and Transitions”, International Islamic University Malaysia, 2016 19 Susan Exon, “The next generation of Online Dispute Resolution: the significance of holography to enhance and Transform dispute resolution”, 2012 20 Ursa Jeretina, “Consumer Online Dispute Resplution (ODR) - Mechanism for innovative public administration in EU”, Dalius Immobilien GmbH, Austria, 2018 21 Vietnam E-commerce Association (VECOM), “Vietnam E-Business Index 2019 Report”, 2019 22 Zhengmin Lu, “Study on the Online Dispute Resolution System in China”, Advances in Engineering Research, volume 129, 6th International Conference on Energy, Environment and Sustainable Development (ICEESD), 2017 85 23 Zhewei Liu, “Government Intervention: The New Approach to Build Online Dispute Resolution in China”, Internet Law Review, 2009 B Books 24 A.Pearlstein, “Meet the New Lawyer: How Settlement is Transforming the Practice of Law”, Cardozo J.Conflict Resol, 2008 25 American Bar Association (ABA), “Addressing Dispute in Electronic Commerce: Final Report and Recommendations of The American Bar Association’s Task Force on Electronic Commerce and Alternative Dispute Resolution”, 2002 26 Colin Rule, “Online Dispute Resolution for Business: B2B, E-Commerce, Consumer, Employment, Insurance, and Other Commercial Conflicts”, JosseyBass Press, 2002 27 Ethan Katsh, “Digital Justice: Technology and the internet of disputes”, Oxford University Press, 2017 28 Faye Fangfei Wang, “Internet Jurisdiction and Choice of Law: Legal Practices in the EU, US and China”, Cambridge Publisher, 2010 29 Feye Fangfei Wang, “Online Dispute Resolution: Technology, management and legal pratice from an international perspective”, Chandos Publishing, Oxford, 2009 30 Fisher & Ury, “Getting to Yes”, Harvard negotiation project, 1991 31 Hon Arthur, “What You Should Know About Online Dispute Resolution”, Maryland, 2009 32 International Journal of ODR, volumn 1, Eleven International Publishing, 2014 33 Julia Hörnle, “Cross-border Internet Dispute Resolution”, Cambridge Publisher, 2009 34 Kaufmann & Schultz, “Online Dispute Resolution: Challenges for Contemporary Justice”, Kluwer Law International – Schulthess, 2004 35 Marsha Collier, “Starting eBay Business for Dummies”, 3rd Edition, 2007 86 36 N Ebner et al., “You’ve Got Agreement: Negoti@ting Via Email, Rethinking Negotiation Teaching: Innovations for Context and Culture”, St Paul, Hamline Law's Dispute Resolution Institute Press (DRI), 2009 37 Pablo Cortés, “Online Dispute Resolution for Consumers in the European Uninon, Routledge Research in IT and E-Commerce Law”, Routledge Research in IT and E-Commerce Law, 2011 C Legislation 38 Decree 52/2013/NĐ-CP on E-Commerce 39 Hong Kong Domain Name Registration Company Limited Domain Name Dispute Resolution Policy, 2005 40 Hong Kong International Arbitration Center, Electronic Transaction Arbitration Rules, 2002 41 The CIETAC Online Arbitration Rules 42 The European Parliament And Of The Council, Regulation (EU) No 524/2013 on Online Dispute Resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), 2013 43 Vietnamese Civil Procedure Code, 2015 D Links 44 China International Economic and Trade Arbitration Commission Online Arbitration Rules, adopted by the China Council for the Promotion of International Trade/China Chamber of International Commerce on January 2009, effective as from May 2009, available at , last accessed 04 March 2020 45 D Rainey (2010), “Teaching Online Dispute Resolution: Results form a Survey of Students”, available at , last accessed 14 March 2020 46 European Consumer Centre Ireland, “Solving disputes online: new online dispute resolution (ODR) platform for consumers and traders” Available at 87 < https://www.eccireland.ie/popular-consumer-topics/online-dispute-resolutionodr/>, last accessed 04 March 2020 47 Kathrin Hille, “Paypal Plans China Expansion”, available at , last accessed 04 March 2020 48 Loretta Chao, “PayPal Finds a Niche in China”, available at , last accessed 04 March 2020 49 Media history of China , last accessed February 2020 50 NCTDR, Courses, available at , last accessed 14 March 2020 51 Taobao FOCUS Support Page, available at , last accessed 04 March 2020 52 Thảo Mộc (2016), Tịa án q tải án tín dụng (Court system is overloaded by credit judgments), available at , last acccessed on 25 February 2020 53 Tiki policy of support, , last acccessed on 08 July 2020 54 UK European Consumer Centre, available at < https://www.ukecc.net/consumertopics/online-dispute-resolution.cfm>, last accessed 04 March 2020 ... EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY MASTER THESIS ONLINE DISPUTE RESOLUTION: INTERNATIONAL APPLICATION AND LESSONS FOR VIETNAM Specialization: International Trade Policy and Law Code:... Evaluations and future of ODR 65 CHAPTER 3: APPLICABILITY AND PERSPECTIVE OF ONLINE DISPUTE RESOLUTION IN VIETNAM 67 3.1 Statement of Online Dispute Resolution in Vietnam ... dispute resolution: International application and lessons for Vietnam? ?? concentrates on analyzing and consolidating ODR definition and characteristics with practical lessons from some foreign countries