Resumen:
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It is generally accepted that public regulation is problematic in a virtual world. A private regulatory system would thus offer a number of advantages. A main question connected to this thesis is to know who, in this system, should be responsible for the selection and the enforcement of these rules. Concerning this topic, the implementation of legal norms on the Internet remains partly decentralized. It results in the offer, by specialized companies, of strictly private solutions which use technologies of the Internet to settle the conflicts on line. In fact, these solutions belong the category of Online Dispute Resolution (ODR). For its advocates, ODR provides dispute resolution in a more efficient manner than is typical with courts and litigation. The aim of the paper is thus to evaluate the economic performance of ODR. For that purpose, we propose, first, to present the emergence of ODR. Second, we analyze the efficiency of a specific process elaborated by one of the prominent companies in the ODR world: Cybersettle. Finally, we propose a general discussion about private regulation of the Internet via ODR.
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