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A Fresh Look at Online Dispute Resolution (ODR) and Global e-Commerce:
Toward a Practical and Fair Redress System for the 21st Century Trader
(Consumer and Merchant)
Brigitte joined the OECD’s Secretariat to the Committee on Consumer Policy in 2005. As a consumer policy analyst, she has been actively involved in the development and legal analysis of OECD instruments pertaining to consumer dispute resolution and redress, the economics of consumer policy, the protection of consumers against fraudulent commercial practices, online identity theft, mobile commerce, e-commerce, and the empowerment of consumers in communication services.
Prior to joining the OECD, Brigitte practiced EC competition law in international law firms in Brussels. She graduated from the Legal Master in European Community Law of the College of Europe in Bruges, Belgium (LLM - 2001), and from a postgraduate degree in EU and private international law (University Paris II Panthéon Assas - 1999). She is a member of the Paris Bar (2000).
Ms. Cécile Barayre is Economic Affairs Officer at the United Nations Conference on Trade and Development, Geneva (Switzerland). Since 1997, she has been carrying out research and implementing technical cooperation programmes in the area of information and communications technologies for development. She is in charge of the UNCTAD’s E-commerce and Law Reform Program created in 2002. The program aims to help policymakers of developing countries master the complexities of ICT law and prepare cyberlaws harmonized with regional/international frameworks. In this area, UNCTAD closely works with UNCITRAL and promotes UNCITRAL texts on e-commerce.
Eric A. Caprioli, Ph. D, Partner, Caprioli & Associates, avocet at the Bar of Paris Member of the French delegation at the UNO (Uncitral) Expert at UNO on electronic commerce : Uncitral, Unctad, WTO Specialized in Information technology and International Trade law Lecturer at the University of Paris II, Panthéon-Assas Member of ICC France on arbitration Author of articles, conferences and books on e-commerce, information technology law and e-arbitration since 1990.
CISSE Abdullah, is a lawyer and jurist. Professor at the University Cheikh Anta Diop of Dakar and at University Gaston Berger of Saint-Louis, Senegal. Former Dean of the Faculty of Legal and Political Sciences, former Rector of the University Bambey in Senegal, he now chairs the Institute Africajuris specializes in forecasting and legal drafting.
In recent years he acted as an expert in engineering legal reforms with many international and regional organizations and with organizations of civil society and private sector companies. His approach combines the tools of engineering intervention consulting, quality management and strategic intelligence.
Scott Cooper is VP for Government Relations at the American National Standards Institute (ANSI). He has responsibility for managing the development of ANSI policy positions and acts as liaison to Congress, as well as Federal and State legislative and executive agencies.
Previous to this, he was federal government affairs manager in the Washington D.C., office of Hewlett-Packard and was responsible for global electronic commerce, Internet and advanced network services issues for HP. Scott has worked closely on U.S. legislation dealing with nanotechnology electronic signatures and authentication, telephone competition, Internet taxes and consumer protection issues, such as privacy. Before joining HP, Scott was director of Electronic Commerce at the American Electronics Association (AEA), and manager of Telecommunications Policy at Intel. He also worked for many years for the U.S. Congress. As professional staff for the Commerce Committee of the House of Representatives he had responsibility for the Federal Trade Commission (FTC), the Federal Communications Commission (FCC), and the Interstate Commerce Commission (ICC).
Scott has also taught and consulted for the University of Massachusetts in Amherst. He is currently teaching online for their MBA program.
Tim Cummins is founder and CEO of the International Association for Contract and Commercial Management, a worldwide, not for profit organisation dedicated to improving the quality and integrity of trading relationships. He has led IACCM to become a leading provider of research and training, with member groups in more than 100 countries and from over 2,500 organisations. Tim advises executive teams at many of the world's leading companies and Government agencies. Prior to IACCM, Tim spent 20 years in commercial management roles at major corporations and has lived in the UK, France and the United States. His career includes negotiating contracts up to $1.5 billion and a period on the Chairman's staff at IBM, where he led the reengineering of IBM's worldwide contracts organisation and procedures.
Judge Dr. Ehab Maher Elsonbaty is a senior judge and a member of the civil, criminal and commercial panels of the Damanhor Court, Egypt. He is now seconded to the State of Qatar as a Legal Expert, H.H. Legal Advisor Office, Amiri Diwan, State of Qatar. Dr. Elsonbaty lectures on cyber law topics, technology in litigation and Private International Law in various universities. He is a consultant to the UNECA, Council of Europe, UNODC and ITU. Click here for more.
Gail Hillebrand is the Financial Services Campaign Manager and a Senior Attorney at the West Coast Office of Consumers Union, nonprofit publisher of Consumer Reports magazine. Ms. Hillebrand works on financial regulatory reform, banking, consumer credit, payments, identity theft, electronic commerce, consumer legal rights and remedies, and the Uniform Commercial Code revision process.
Ms. Hillebrand is the 2004 recipient of the National Consumer Law Center’s Vern Countryman Award, and is a member of the American Law Institute. She was the founding chair and a longtime board member of the California Reinvestment Coalition, a statewide coalition working to encourage financial institutions to serve low-income consumers and neighborhoods. Ms. Hillebrand has served on the Consumer Advisory Council to the Board of Governors of the Federal Reserve.
Mary Hiscock is now an Emeritus Professor of the Law Faculty at Bond University, after many years teaching there and at the University of Melbourne, interspersed with visiting appointments in Europe, Asia and North America. She has degrees from the University of Melbourne and from the University of Chicago. Her principal interests are in international commercial and comparative law.
Professor Hiscock has represented Australia on a number of occasions at the United Nations Commission on International Trade Law (UNCITRAL), and on short term diplomatic missions. She was for many years an Expert Adviser to the European Bank for Reconstruction and Development and a consultant to the Asian Development Bank.
She continues to be a member of the Editorial Advisory Boards of the Australian Journal of Asian Law and of the Melbourne Journal of International Law.
She is a past Chair of the International Law Section of the Law Council of Australia and a past President of the International Academy of Commercial and Consumer Law.
Mark MacCarthy is currently teaching and doing research at Georgetown University's Communication, Culture, and Technology Program. He teaches courses on the economics of network industries and public policy toward network industries. He is also an adjunct member of Georgetown University’s Department of Philosophy where he teaches courses in political philosophy. He does research and consults in the areas of information privacy and security, future of the media, open standards, electronic and mobile commerce and other technology policy issues.
He was Senior Vice President for Global Public Policy at Visa Inc, responsible for policy initiatives affecting electronic commerce, new technology and information security and privacy. Prior to that, he was a manager with the Wexler-Walker Group, a Washington public policy consulting firm, and directed the Washington office of Capital Cities/ABC. He was a professional staff member on the U.S. House of Representative’s Committee on Energy and Commerce, where he handled communications policy issues. Prior to that, he worked as an economist at the U.S. Occupational Safety and Health Administration.
Mr. MacCarthy has a Ph.D in philosophy from Indiana University and an MA in economics from the University of Notre Dame.
As Director for Software Policy (Asia-Pacific), Claro Parlade is responsible for Business Software Alliance’s public policy programs and initiatives in the Asia-Pacific Region. Before joining BSA, Parlade was in private practice in the Philippines for 19 years. He was the Chairman of the Legal and Regulatory Committee of the IT and E-Commerce, which was the highest ICT policy making-body in the Philippines. In that capacity, he took charge of policy advocacy and analysis, and was instrumental in the drafting and introduction of key ICT legislation and regulations. He was also Executive Director of the Cyberspace Policy Center for Asia-Pacific. He was the recipient of an Endeavour Executive Award from the Australian government for data privacy work, and was a Hubert Humphrey Fellow (IT Law and Policy) at American University, Washington D.C. Parlade earned a Bachelor of Arts in Economics, as well as a Bachelor of Laws, from the University of the Philippines. He holds a Master of Law from York University, Canada.
Mirèze Philippe is Special Counsel and has an experience of 25 years with the Secretariat of the Court. Mirèze is French and Lebanese and is a French lawyer. She also holds a degree in Management and Business Administration from the American University in Lebanon. After having administered arbitration procedures within one of the teams of the Secretariat, she was appointed Special Counsel and was entrusted with several projects, among others promoting ICC arbitration in the Middle East and building NetCase (a platform for the conduct of arbitration procedures in a secure online environment). She is mainly in charge of NetCase, trainings and managing know-how. She has written and spoken on arbitration and teaches arbitration. She participated in the work of working groups on ODR. Mirèze is Founding Co-President of ArbitralWomen, Member of the Board of the Association Française Amis de l’OIDD (International Development Law Organization), Member of Honor of the Association des Juristes en Arbitrage. Click here for more.
Colin Rule is Director of Online Dispute Resolution for eBay and PayPal. He has worked in the dispute resolution field for more than fifteen years as a mediator, trainer, and consultant. He is currently Co-Chair of the Advisory Board of the National Center for Technology and Dispute Resolution at UMass-Amherst and a Non-Resident Fellow at the Center for Internet and Society at Stanford Law School. Colin co-founded Online Resolution, one of the first online dispute resolution providers, in 1999 and served as its CEO and President. He is the author of Online Dispute Resolution for Business, published by Jossey-Bass in September 2002. He holds a Master's degree from Harvard University's Kennedy School of Government in conflict resolution and technology, a graduate certificate in dispute resolution from UMass-Boston, a B.A. in Peace Studies from Haverford College.
Assistant Professor, Faculty of Law, Cairo University, Egypt and Legal Counsel Dr. Mohamed S. E. Abdel Wahab (MCIArb.), Licence en Droit -LLB (CAI), LL.M (CAI), MPhil (MAN), Ph.D (MAN), CIArb Dip. International Commercial Arbitration (Balliol College, Oxford University) is an Assistant Professor of Law at the Faculty of Law, Cairo University, Egypt and Assistant Director of the English Section at the Faculty of Law (Cairo University). He has taught part-time on the LL.M, LL.B, and BA programs at Manchester and Manchester Metropolitan Universities, England.
Dr. Abdel Wahab holds a number of visiting posts in Egypt and abroad where he
teaches Comparative Commercial Arbitration, English Contract law, Introduction to Anglo-American Law, Comparative Law, and Conflict of Laws. Dr. Abdel Wahab is currently a Fellow of the National Centre for Technology and Dispute Resolution at the University of Massachusetts, Amherst, USA.
Dr. Abdel Wahab is an Adjunct Professor of Law and International Commercial Arbitration (Indiana University, USA), and Faculty Coordinator for the Indiana University LLM Program in Business and Comparative Law in Egypt. Dr. Abdel Wahab was formerly a Partner at Shalakany Law Office where he served as co-head of the Shalakany's Arbitration and Project Finance/PPP Groups. Since June 1st, 2009 Dr. Abdel Wahab became a Founding Partner of Zulficar & Partners where he serves as the head of the Firm's Arbitration and Project Finance/PPP Groups.
Dr. Abdel Wahab was appointed vice-president of the Cairo branch of the Chartered Institute of Arbitrators in 2005, and Assistant Director of the English Section at the Faculty of Law (Cairo University) in 2008. Dr. Abdel Wahab also works as a Legal Advisor to the Board of Directors of the Cairo Regional Centre for International Commercial Arbitration, and Counselor for International Legal Affairs and International Contracts to the Information Technology Industry Development Agency (Ministry of Communications and Information Technology, Egypt).
Dr. Abdel Wahab serves as a legal counsel in a number of international commercial arbitration disputes, and regularly sits as an arbitrator in Ad-hoc and Institutional Arbitral Proceedings involving disputes across the commercial and investment spectrums.
He is a member of the United Nations Expert Group on Online Dispute Resolution, and is affiliated with the Computer Crime Research Centre, Ukraine. Dr. Abdel Wahab is also considered a leading international and regional expert on Online Dispute Resolution and one of Egypt’s leading practitioners in International Commercial Arbitration, Project Finance, and Information Technology Law.
Dr. Abdel Wahab holds over forty five prizes for academic achievement, and has published numerous articles in learned international journals and is a regular speaker in national and international conferences on Online Dispute Resolution, Globalisation, International Commercial Arbitration, Private International Law, ADR and Ecommerce and IT Law. Amongst his recent publications are:
"Project Potential: Reflections on the Practical Challenges of and Potential for PPPs in Egypt" in the International Financial Law Review Special Supplement: The 2008 Guide to Energy and Project Finance. (International
Financial Law Review -September 2008)
- "Trends in Document Production in Egypt and the Arab World" with Professor Ahmed El Kosheri (2006); Document Production in International Arbitration, Special Supplement -- ICC International Court of Arbitration Bulletin.
- "Cultural Globalization and Public Policy: Exclusion of Foreign Law In The Global Village"; in Freeman, M.(ed.); Law and Sociology (February 2006); (Oxford, Oxford University Press)
- "Online Dispute Resolution and Digital Inclusion: Challenging the Global Digital Divide" in Tyler, M., Katsh, E. and Choi, D. (eds.); Proceedings of the Third Annual Forum on Online Dispute Resolution (2005).
- "The Global Information Society and Online Dispute Resolution: A New Dawn for Dispute Resolution" (2004); 21(2) Journal of International Arbitration p.143-168.
"Does Technology Emasculate Trust? Confidentiality and Security Concerns
in Online Arbitration" (2004); Using Technology to Resolve Business Disputes, Special Supplement -- ICC International Court of Arbitration Bulletin p. 43-52.
- "Globalisation and ODR: Dynamics of Change in E-Commerce Dispute Settlement." (2004); 12(1) Oxford International Journal of Law and Information Technology p.123-152.
- "The Law Applicable to Arbitration Agreements in Comparative Private International Law" (2000); Arab Journal of Arbitration.
Dr. Abdel Wahab is also a member of the Board of Editors of the Journal of Law and Conflict Resolution, Founding Member of the first Egyptian and Arab ADR Association, Founding Member of the Egyptian Arbitration Forum, and is a member of several professional and legal organisations including the Chartered Institute of Arbitrators, Society of Legal Scholars, Society of Advanced Legal Studies, Socio-Legal Studies Association, Association of Internet Researchers, the Internet Society, the International Law Association, the British Institute of International and Comparative Law, Society of Computers and Law, InternetBar.org, and the Egyptian Anti-Cyber Crime Association.
His expertise lies in the field of: Online Dispute Resolution, International Commercial Arbitration (especially hotel management, information technology, sale of goods, and construction disputes), Competition Law, International Project Finance, Public Private Partnerships and International Contracts, Private International Law, and Information Technology Law. Email: email@example.com
XU Junke is a professor of law at China Foreign Affairs University(CFAU). Her major research is in the field of international commercial law, comparative private international law, international commercial arbitration law.
She graduated from China University of politics sciences and law, and got B.A Degree of Law in 1987, Master degree in 1990. Since that time, she has been working for 19 years at CFAU. During the time , she got her PHD of law at WUHAN University from 2002 to 2005. She is associate dean of international law department, in charge of the academic and teaching affairs.
She has published four monographs on International Trade Law and private international law, released more than 30 papers, and presided over three research projects at the level of the State Council and Beijing Municipal.
She is the member of standing committee of Chinese Society of Private International Law, Member of standing committee of Beijing International Law Institute, Member of Chinese Society of International Law, Member of Chinese Society of International Economic Law.She is an arbitrator of Beijing arbitration commission.