Toward a harmonized ADR frame work: Analyzing the legal and regulatory challenges of integrating cross ODR into existing ADR enforceability mechanisms
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Date
2026-05-15
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Uganda Christian Unversity
Abstract
The rapid expansion of digital commerce and cross-border transactions has intensified the need for effective Online Dispute Resolution (ODR) mechanisms. While Alternative Dispute Resolution (ADR) frameworks—such as arbitration and mediation—are well-established in international law, integrating ODR into these enforceability structures presents significant legal and regulatory challenges. This paper examines the tension between efficiency and legitimacy in cross-border ODR, focusing on jurisdictional ambiguity, choice-of-law constraints, and the enforceability of arbitral awards and mediated settlements. It argues that harmonization requires both doctrinal innovation and design-based solutions, including layered consent, documentation standards, and compliance mechanisms that bridge online processes with offline enforcement. By analyzing treaty frameworks such as the New York Convention (1958) and the Singapore Convention on Mediation (2018), alongside emerging regulatory practices, the study highlights pathways toward a harmonized ADR framework that embeds procedural justice, data integrity, and cross-border recognition. Ultimately, the paper contends that trust in ODR depends not only on legal enforceability but also on platform accountability and regulatory cooperation, making harmonization as much a design problem as a doctrinal one.
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Undergraduate