2020 Fiscal Year Research-status Report
Critical Considerations for Institutional Design of Consumer Online Dispute Resolution
| Project/Area Number |
19K01368
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| Research Institution | Nagoya University |
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Principal Investigator |
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| Project Period (FY) |
2019-04-01 – 2022-03-31
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| Keywords | ODR / EU Law / Comparative Law / ADR |
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| Outline of Annual Research Achievements |
The research in FY2020 has been affected by the COVID-19 pandemics. Luckily I had moved to FY2019 several of the business trips I had originally planned for FY2019, and this proved to be a successful move.
In FY2020 I focused on the processing of the data collected, in the framework of the metholodolgical tools acquired in the first phase of the research. In particular, I conducted a qualitative analysis of the quantitative data about several EU jurisdictions, and I drafted a first paper to present the preliminary results of the research.
The main findings are consistent with the research hypothesis: a tool which was primarily conceived for cross-border consumer disputes is proving to be effective also in domestic situations. The implication for the Japanese legislator are significant. Moreover, I was able to identify a key criticality: no matter how good the legal design, the key factor for the success of ODR lies in its user-friendliness. Several examples confirm this fact.
In order to maximize the impact of my research in Japan, I also established contacts with Dr. Mayu WATANABE, who is currently working with the governmental research group on ODR: we already held an event together.
Notwithstanding the adverse conditions posed by the current environment, I was able to organize a workshop in Nagoya (under the general framework of the UNCITRAL Asia Pacific Day 2020, co-financed by another research project), give two presentations, and submit a draft research paper which is currently under consideration by the most prestigious civil procedural law journal in the world.
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| Current Status of Research Progress |
Current Status of Research Progress
2: Research has progressed on the whole more than it was originally planned.
Reason
The COVID-19 pandemics put international travelling to a grinding halt. However, I was able to process the data collected in FY2019 and FY2020 with a reasonable level of satisfaction. Irrespective of the progress of the research itself, which I am confident will be completed in the envisaged timeframe, it may be necessary to consider an extention to FY2022 for the purposes of dissemination of the results
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| Strategy for Future Research Activity |
Research activities in FY2021 would of course depend on the situation of the COVID-19 pandemics and its effects on international travels. If possible, I would like to carry out the research trips to Europe I had originally planned to complete the qualitative part of the research.
However - and irrespective of the situation - I am confident I will be able to complete the research, especially focusing on the comparative aspects regarding Japan.
I will produce at least one other major publication, and plan to hold several research meetings and workshops. Based on the conditions, and to properly ensure that dissemination of the results is conducted properly, I may need to ask an extension to FY2022, exclusively to present the results.
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| Causes of Carryover |
It may be necessary to adjust the research plan based on the developments of the ongoing COVID-19 pandemics.
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