ABSTRACT

Modern technology applied to conflict management enables new forms of coercion, such as direct enforcement on e-commerce sites, Internet Corporation for Assigned Names and Numbers' (ICANN) domain name dispute resolution, and self-enforcing smart contracts. The overview of dispute resolution technology consists of two complementary perspectives. Firstly, a holistic approach helps us to perceive the long-term trends and the overall impact of technological change on the society. Secondly, a nuanced and contextual approach to individual applications complements this overarching perspective and allows us to evaluate the normative consequences of individual use cases of dispute resolution technology. Private enforcement mechanisms have emerged to provide binding conflict management in situations where the existing state-governed mechanisms fail to do so, most prominently online. The changes in enforcement and the need to justify coercion become questions of law's ability to address the justificatory challenge posed by private enforcement mechanisms.