relating to online dispute resolution” of claims by international tourists and visitors.3 It did, however, conclude that the development of a “Guide” may provide useful assistance to tourists and visitors in pursuing such claims.4 At its meeting in 2021, and in response to a recommendation from the Experts’ Group on Tourists and Visitors (Online Dispute Resolution), Council on General Affairs and Policy (CGAP) mandated the Permanent Bureau (PB) to develop a Practical Guide to Access to Justice for International Tourists and Visitors (“Guide”). At its 2022 meeting CGAP approved the Guide, subject to editorial amendments, for publication on the HCCH website. As part of the Tourism Project, Sievi’s report identified online dispute resolution (ODR) and Legal Tech5 as the two principles with the biggest potential impact for the protection of international tourists. The use of technology in the legal service industry (so-called Legal Tech), can serve not only to ease access to justice, but also to ensure accessibility of ODR mechanisms. Unification of legal rules on ODR can be seen as a hardware and Legal Tech tools as a software in achieving the higher level of the protection of international tourists as consumers. The subject of the paper is related to the benefits and challenges of Legal Tech in relation to ODR, as well as to the accessibility requirements, as a conditio sine qua non for ensuring access to justice for international tourists. Benefits and Challenges of Legal Tech in Relation to ODR In order to ensure efficient ex ante and ex post consumer protection, a variety of ODR systems employ artificial intelligence (AI) for dispute resolution processes, often included under the general policy trend of “Legal Tech”. If incorporated into the ODR platform, Legal Tech tools may have positive effect in the: 3 Experts from Argentina, Brazil, Canada, Chile, the People’s Republic of China, Costa Rica, Ecuador, the European Union, France, Greece, Mexico, Serbia, South Africa, Switzerland, the United Kingdom, the United States of America and Venezuela participated, with the International Association of Consumer Law, the International Forum of Travel and Tourism Advocates, the Leisure Industries Section of the International Bar Association and the United Nations Commission on International Trade Law (UNCITRAL) participating as observers. 4 See: Aide Memoire of the third meeting of the Experts’ Group on the Tourists and Visitors (ODR) Project, prepared by the Chair of the Experts’ Group The Hague / Online 5 to 9 October 2020. 5 The term Legal Tech can be defined as use of technology and software with a goal to provide legal services more efficiently. See: Sievi, N., Legal Tech and Resolution of Tourists’ Claims, Third Meeting of the Experts’ Group on the Tourists and Visitors (ODR) Project, 5-9 October 2020.
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