Justice en ligne ou nouveau Far Www.est ? La difficile régulation des plateformes en ligne de règlement extrajudiciaire des litiges

Has the market for Online Dispute Resolution (ODR) become a new Far West, or should we say, in accordance with digital jargon, a new Far Www.est? In any case, it is an important question today, when faced with the multiplication of online platforms, of differing qualities, that offer services for resolving disputes out-of-court. ODR has become a new market in need of regulation in order to ensure the quality of the services provided and to foster trust. However, establishing a regulatory framework for these activities has been a difficult exercise and recent developments have been patchy so far. This is because ODR platforms remain heterogenous in forms and workings, and stand at the crossroads of several national and international legislations, including the emerging rules on the use of the Artificial Intelligence. This paper highlights the main issues and questions related to the regulation of online platforms and discusses, as a case study, the recent creation of a new voluntary certification scheme for ODR platforms in France. In doing so, it intends to contribute to the policy discussions that are currently ongoing in several jurisdictions and to encourage new exchanges on these important, topical, social questions.