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The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent
In a relatively short time, the internet has become woven into the fabric of society, leading to an unprecedented number of commercial and social transactions occurring across physical geographical borders. Together with this increase in online interactions comes an increase in disputes arising onli...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2025
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| _version_ | 1867613544534507520 |
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| access_status_str | Open Access |
| author | Cupido, Robin Vicky |
| author2 | Ncube, Caroline |
| author_browse | Cupido, Robin Vicky Ncube, Caroline |
| author_facet | Ncube, Caroline Cupido, Robin Vicky |
| author_sort | Cupido, Robin Vicky |
| collection | Thesis |
| description | In a relatively short time, the internet has become woven into the fabric of society, leading to an unprecedented number of commercial and social transactions occurring across physical geographical borders. Together with this increase in online interactions comes an increase in disputes arising online, and a reliable system to resolve these issues is needed. Online Dispute Resolution (ODR) has been identified as such a system, a dispute resolution process which is in large part conducted through online systems or through the use of technology. The majority of the development, research, and scholarship of ODR has taken place and is still taking place in developed nations, often to the exclusion of the developing world. While it is acknowledged that African countries have been slow to engage with ODR as a result of various challenges, it requires investigation whether it would not be possible to promote and implement ODR in the countries that are recognised technological leaders in Africa. Through the lens of the Technology Acceptance Model, this thesis aims to explore the current state of ODR in Africa, assessing the benefits it has provided as well as the challenges that stand in the way of further adoption. South Africa, Nigeria and Kenya have been identified as technological leaders on the continent and are the subjects of a comparative study aimed at assessing their legal and technological frameworks to determine if they are ODR-ready. This study has been conducted by means of an analytical literature survey, including an analysis and exploration of legal texts, academic writing and the recommendations and reports of professional bodies. It finds that the implementation of ODR is indeed feasible in Africa, but in a different form than it is used in the Global North, using more accessible forms of technology, and expanding the use of ODR to resolve disputes arising in areas other than commercial law. The research provides guiding principles for African countries to use in assessing their readiness to adopt ODR and contributes to the ongoing scholarship of ODR with its focus on Africa, which is an aspect that has so far been relatively neglected as pre-existing scholarship centres other parts of the world. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/40854 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:37:50.395Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/40854 The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent Cupido, Robin Vicky Ncube, Caroline Rycroft, Alan online dispute resolution dispute resolution African continent In a relatively short time, the internet has become woven into the fabric of society, leading to an unprecedented number of commercial and social transactions occurring across physical geographical borders. Together with this increase in online interactions comes an increase in disputes arising online, and a reliable system to resolve these issues is needed. Online Dispute Resolution (ODR) has been identified as such a system, a dispute resolution process which is in large part conducted through online systems or through the use of technology. The majority of the development, research, and scholarship of ODR has taken place and is still taking place in developed nations, often to the exclusion of the developing world. While it is acknowledged that African countries have been slow to engage with ODR as a result of various challenges, it requires investigation whether it would not be possible to promote and implement ODR in the countries that are recognised technological leaders in Africa. Through the lens of the Technology Acceptance Model, this thesis aims to explore the current state of ODR in Africa, assessing the benefits it has provided as well as the challenges that stand in the way of further adoption. South Africa, Nigeria and Kenya have been identified as technological leaders on the continent and are the subjects of a comparative study aimed at assessing their legal and technological frameworks to determine if they are ODR-ready. This study has been conducted by means of an analytical literature survey, including an analysis and exploration of legal texts, academic writing and the recommendations and reports of professional bodies. It finds that the implementation of ODR is indeed feasible in Africa, but in a different form than it is used in the Global North, using more accessible forms of technology, and expanding the use of ODR to resolve disputes arising in areas other than commercial law. The research provides guiding principles for African countries to use in assessing their readiness to adopt ODR and contributes to the ongoing scholarship of ODR with its focus on Africa, which is an aspect that has so far been relatively neglected as pre-existing scholarship centres other parts of the world. 2025-01-31T07:04:55Z 2025-01-31T07:04:55Z 2024 2025-01-31T07:03:33Z Thesis / Dissertation Doctoral PhD http://hdl.handle.net/11427/40854 eng application/pdf Department of Commercial Law Faculty of Law University of Cape Town |
| spellingShingle | online dispute resolution dispute resolution African continent Cupido, Robin Vicky The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| thesis_degree_str | Doctoral |
| title | The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| title_full | The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| title_fullStr | The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| title_full_unstemmed | The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| title_short | The feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the African continent |
| title_sort | feasibility of implementing online dispute resolution as a distinct method of dispute resolution on the african continent |
| topic | online dispute resolution dispute resolution African continent |
| url | http://hdl.handle.net/11427/40854 |
| work_keys_str_mv | AT cupidorobinvicky thefeasibilityofimplementingonlinedisputeresolutionasadistinctmethodofdisputeresolutionontheafricancontinent AT cupidorobinvicky feasibilityofimplementingonlinedisputeresolutionasadistinctmethodofdisputeresolutionontheafricancontinent |