Research On Jurisdiction Issues Of Online Dispute Resolution On Cross-border E-commerce Platforms

Shopping on cross-border e-commerce platforms has become a new choice for consumers with the popularity of the Internet.With the rapid development of cross-border e-commerce platforms,mature platforms such as Ebay,Amazon,and Tmall Global have gradually replaced small and medium-sized e-commerce companies.The development of technology has narrowed the distance between merchants and consumers,but it has also led to a large number of small disputes.In the face of such disputes,the use of traditional dispute resolution mechanisms such as transnational litigation and international arbitration will unduly increase the cost of consumers.In order to protect the legitimate rights and interests of consumers and increase the rate of transaction completion,cross-border e-commerce platforms have explored and established a built-in online dispute resolution mechanism(hereinafter referred to as "platform ODR")to resolve disputes encountered by cross-border online consumers.However,platform ODR is designed by each company on its own.The legitimacy and effectiveness of this mechanism are not clear,which reduces the confidence of consumers and is not conducive to consumers using this mechanism to protect their rights.If the platform ODR cannot solve the problem,the format agreement jurisdiction and arbitration clause will further hinder cross-border online consumers from seeking relief.Therefore,this article analyzes the jurisdiction clauses of platform ODR,puts forward the existing problems,and analyzes the laws and rules in the international community to explore the perfect path for cross-border online consumer protection.In addition to the introduction and conclusion,this paper consists of the following four parts:The first chapter of this article mainly introduces the mode and characteristics of cross-border e-commerce platform transactions,the occurrence and characteristics of platform disputes,and then demonstrates the necessity and feasibility of the emergence of platform ODR.It also explains the status quo of the jurisdiction clauses in the current cross-border e-commerce platform,the corresponding jurisdiction rules and the status quo of trial practice.The second chapter of this article mainly puts forward the current legality of the platform ODR in terms of jurisdiction,and finds that the law has not yet clarified the legality of the mechanism’s acceptance of foreign-related disputes,the nature of the mechanism’s dispute resolution,the scope of application of the mechanism,and whether the mechanism can affect the statute of limitations is not yet conclusive.The question of the existence and validity of the jurisdiction clause itself is raised because of the doubts about the validity of the offer and acceptance of the network format clause itself,and the different reasons for the same clause in judgments.The third chapter of this paper conducts a comparative analysis of the legislation and practice of the EU,the United Kingdom,the United States,India,Japan,and the United Nations Trade Development Committee on the jurisdiction of online dispute resolution mechanisms in cross-border platforms through comparative law research.On this basis,this paper summarizes the law,analysis of its strengths and weaknesses The fourth chapter of this paper follows the conclusions drawn from the analysis of extraterritorial legislation in the third chapter,sorts out China’s regulations on the online dispute resolution mechanism of cross-border e-commerce,combing the issues raised in the second chapter.Suggestions are made from three perspectives: the supervision of the platform ODR,the platform ODR jurisdiction rules,and the final settlement of platform disputes.It is proposed to establish a neutral standard for platform ODR dispute mediators,increase the transparency requirements of platform ODR,and improve the platform ODR pre-system;improve agreement jurisdiction rules,unify the standard of reminder obligations,and improve substantive review standards;develop and integrate online court resources,promote the establishment of an integrated online dispute resolution mechanism between regions,and build resource sharing channels for platform ODR and external dispute resolution mechanisms.Willing to provide smooth dispute resolution channels for online cross-border shopping consumers.