Legal Tech and ODR in Tourism by Andrej Micovic

Concluding Remarks Development of the Practical Guide can be seen as an important milestone in pursuing the ultimate goal – adoption of soft law / hard law ODR instrument. Meanwhile, Practical Guide might be the good way to mitigate the lack of awareness of the existing ADR/ODR mechanisms and to ensure access to justice to international tourists by providing them information about relevant out-of-court dispute resolution mechanisms at one place. The purpose of the Guide is to assist international tourists and visitors to foreign countries seeking access to justice for disputes arising from their tourism experience by providing information on online dispute resolution mechanisms that may be available and HCCH legal instruments that may be relevant in a given case In my personal opinion, without differentiating reliable ADR/ODR platforms (that are complying with mandatory/non-mandatory standards) from non-reliable (e.g. listed on national blacklists) and ensuring regular update, informative list will have not only limited effect but could also be misleading. In the context of the development of the Practical Guide, it might be good idea to: differentiate reliable ADR/ODR platforms (that are complying with mandatory/non-mandatory standards) from non-reliable (e.g. listed on national blacklists) and ensure regular update; include the information on the overall percentage rate of the traders’ participation in the ODR process and percentage rate of their compliance with the final outcomes as particular feature of the existing ODR systems worldwide. Due to its scope and nature, Practical Guide cannot tackle the problems regarding enforcement of decisions, but it could however provide international tourists with the comparative information about the incentives that are applied in different legal jurisdictions. Finally, it is essential that webpage containing Practical Guide and Guide itself complies with the accessibility requirements, so that vulnerable consumers can have access to the information on the particular (accessibility) features of the existing ODR platforms.

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