Abstract: With the emergence of Chinese Internet Courts and some other countries’ e-courts using online environments to facilitate dispute resolution, the concept of ODR needs to be updated to include adjudicative ODR processes. A question then ensues concerning whether public or private ODR systems can protect consumers in cross-border e-commerce transactions more effectively. This article analyses the strengths and shortcomings of the two types of ODR mechanisms, focusing on their availability, justifiability, and enforceability in handling B2C cross-border e-commerce cases. It finally points out that if more regulatory harmonization can be accomplished at the supernational level, adjudicative ODR procedures can better serve consumers seeking remedies for their international transactions.

Keywords: online dispute resolution; cross-border e-commerce; consumer protection; dispute settlement clause; litigation; access to justice