Chulalongkorn University Theses and Dissertations (Chula ETD)

Other Title (Parallel Title in Other Language of ETD)

ต้นแบบการระงับข้อพิพาทออนไลน์สำหรับผู้บริโภคในสาธารณรัฐแห่งสหภาพเมียนมา

Year (A.D.)

2019

Document Type

Thesis

First Advisor

Piti Elamchamroonlarp

Faculty/College

Faculty of Law (คณะนิติศาสตร์)

Degree Name

Master of Laws

Degree Level

Master's Degree

Degree Discipline

Business Law

DOI

10.58837/CHULA.THE.2019.46

Abstract

This thesis examines the applicability of ODR mechanism for consumer disputes in Myanmar especially cross-border disputes. The paper consists of introduction; three main parts and a conclusion. The effect is the appearance of ODR and understanding of what is meant by ODR, how it works and why ODR is needed for consumer. It concludes the review of ODR by both information and communication technology (ICT) and legal view. The paper focuses on case study analysis and compares the legal framework; institutions based on the problem analysis form each case of ODR in the EU and Myanmar. Moreover why use ODR framework based on the cases, the problems resolving process and what laws are driving force behind the ODR and what are the responsibilities for institutions. In chapter four analysis what are the problem started, how to solve this disputes and how to apply legal to their legislation and after applying ODR how much effective to protect consumer right. After that, this chapter will point out the difference facts, ODR legal framework and other relevant ODR law among EU and Myanmar. This paper seeks to address about missing ODR regulation in Myanmar and depend on the results what facts are needed to implement ODR into Myanmar legislation. In Myanmar, given swift develop of e-commerce transactions, consumer protection regimes needs fair, speedy and cost-effective dispute resolution mechanisms like ODR which can resolve disputes by using ICT. The conclusion will include assessments of the issues analyzed from the legal aspect and will try to answer the question is this ODR Regulation an appropriate legal framework for Myanmar.

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