Study on Economy Legal Frameworks for the Implementation of ODR under the APEC Collaborative Framework

The Study conducts an in-depth analysis of APEC economies’ laws as they relate to the specific elements of ODR under the APEC Collaborative Framework.  The Study demonstrates that every APEC economy has a legal framework conducive to ODR, thanks to the widespread implementation of international instruments such as the New York Convention and the UNCITRAL Model Laws on International Commercial Arbitration and Electronic Commerce.   The Study shows that each economy:  

1. Permits the use of ODR for cross-border commercial disputes;
2. Recognizes parties’ agreements to use ODR, including through agreements concluded electronically;
3. Permits the parties or the ODR provider to choose a place of arbitration;
4. proceedings;
5. Permits the parties to agree to a documents-only decision or a remote hearing;
6. Provides for recognition and enforcement of foreign online awards; 
7. Provides the legal framework for using ODR for cross-border B2C disputes (where the parties have agreed to use the Collaborative Framework to resolve B2C disputes in accordance with the applicable law). 

The Study, therefore, concludes that there are no legal impediments for economies to opt into the Collaborative Framework and encourages more economies to actively consider opting in to enable their ODR providers to partner with APEC and their businesses to benefit.