Enhancing Legal Convergence in the GBA through Harmonization of the Digital Dispute Resolution Legal Framework

Abstract

This article examines theories of legal convergence and the practice of rule harmonization for online dispute resolution (ODR) in the Greater Bay Area (GBA). The ODR platforms in the GBA employ collaborative mechanisms, institutional alliances, international standards, and multi-jurisdiction remote hearings to promote the convergence of ODR rules. However, to date, the efforts made to promote ODR rule harmonization have not resolved the fundamental issue of a lack of uniform ODR legislation within the GBA. It is posited here that an independent model of legal convergence would be more applicable in the GBA context. The article calls for the GBA Legal Department Joint Conferences to provide general ODR standards and principles, with specific laws and regulations then formulated in the respective jurisdictions. Public and private ODR providers are found to play distinct roles in legal convergence, and specialized procedural rules should be formulated to ensure due process and cybersecurity in remote hearings.