Access To Justice In The Malaysian E Commerce Sector
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Access To Justice In The Malaysian E Commerce Sector
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Author : Zati Ilham binti Abdul Manaf
language : en
Publisher:
Release Date : 2015
Access To Justice In The Malaysian E Commerce Sector written by Zati Ilham binti Abdul Manaf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
The aim of this study is to determine the feasibility of transplanting the European Union Regulation on Online Dispute Resolution for Consumer Disputes to Malaysia. This study begins with the hypothesis that access to justice for online consumers in Malaysia is not adequate to effectively protect such consumers. The study employs various methods of research, beginning with field-based legal research by conducting interviews with the National Consumer Complaints Centre and the Tribunal for Consumer Claims, the two main avenues in Malaysia dealing with dispute resolution for consumers. A trend study was also conducted using secondary data to determine the value of the e-commerce market to Malaysia. Finally, the content analysis method was employed to analyse the hypothetical effects of implementing the EU Regulation in Malaysia. It was found that Malaysia is falling behind in providing effective redress to its online consumers, where the claims lodged for online transactions were found to be only 0.13% of the total claims lodged in 2011 and only 0.79% of the total claims lodged in 2013. Analysis of secondary data suggests that these numbers should be at 1% of the total claims lodged and should grow higher in the near future. A study of the e-commerce market in Malaysia for Business-to-Consumer online transactions shows that it is a small market that is growing at a rapid pace, becoming three times as large in the past three years, which demands the attention of the authorities to put in place mechanisms to ensure consumer access to justice. To rectify this situation, a legal transplant of the European Union Regulation on Online Dispute Resolution for Consumer Disputes to Malaysia is considered. Analysis shows that it could be partially transplanted with certain modifications due to the differing circumstances of both jurisdictions. However, the majority of the legislation can be kept intact due to the global nature of online transactions. Suggested modifications were proposed with the aim to allow the partial adoption of the legislation including a proposed procedure that Malaysian consumers would go through if they need to file a claim through the proposed Online Dispute Resolution platform. This study is the first to consider a legal transplant to Malaysia in the field of Online Dispute Resolution. It adds further value to the body of knowledge by presenting concrete data on the access to justice for online consumers in Malaysia.
Access To Justice In Transnational B2c E Commerce
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Author : Sutatip Yuthayotin
language : en
Publisher: Springer
Release Date : 2014-11-17
Access To Justice In Transnational B2c E Commerce written by Sutatip Yuthayotin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-17 with Law categories.
This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers’ expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework’s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.
Does The Law Prevent Access To Justice Access To Civil Justice In The Malaysian Courts
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Author : Abu Haniffa Mohamed Abdullah
language : en
Publisher:
Release Date : 2007
Does The Law Prevent Access To Justice Access To Civil Justice In The Malaysian Courts written by Abu Haniffa Mohamed Abdullah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Justice, Administration of categories.
The Relevance Of Online Dispute Resolution In The Islamic Finance Industry In Malaysia
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Author : Omoola Sodiq Olalekan
language : en
Publisher:
Release Date : 2015
The Relevance Of Online Dispute Resolution In The Islamic Finance Industry In Malaysia written by Omoola Sodiq Olalekan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
This research aims to explore the relevance of Online Dispute Resolution (ODR) in the resolution of Islamic finance disputes in Malaysia. Stemming from the legal uncertainties in the resolution of Islamic finance disputes in the Malaysian civil courts and existing Alternative Dispute Resolution (ADR) institutions, access to justice for offline and online financial consumers in Malaysia has been in curtailed. This study examines the existing dispute resolution mechanisms available to Islamic finance consumers and the feasibility of adopting ODR mechanism for the industry. The research adopts doctrinal method to expound the convergence of key concepts such as ADR, internet and e-commerce in the 21st Century. In addition, relevant legislations and Islamic legal concepts in contemporary dispute resolution practices and theories are discussed in relation to ODR in the industry. Analysis of existing ODR best practices in other jurisdictions has been done to explore the economic and judicial benefits of ODR in the Industry. Court decongestion, resolution of small claims, fast and cheap mechanisms are few of the benefits of ODR which is capable of ensuring consumer confidence, trust and sustainable growth for the Islamic finance industry in Malaysia. This research finds that ODR is relevant to the Sharī'ah underpinnings and Islamic legal maxims which are the basis of Islamic finance transaction and dispute resolution. Therefore, borrowing a leaf from existing ODR best practices such as Equifax and Cybersettle, this will be a huge step in creating access to justice for online and offline financial consumers in the Islamic finance industry in Malaysia. This innovation however requires regulatory and institutional readjustment towards operationalizing ODR under the Financial Ombudsman Scheme (FOS) provided under Islamic Financial Services Act (IFSA2013) . This is in addition to efforts towards inter-disciplinary collaboration in creating a web-enabled portal for submission and resolution of finance disputes in Malaysia.
Access To Justice Legal Assistance To The Poor In Malaysia
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Author : Abu Baker Anang
language : en
Publisher:
Release Date : 1982
Access To Justice Legal Assistance To The Poor In Malaysia written by Abu Baker Anang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Legal assistance to the poor categories.
Access To Justice In Malaysia And Beyond
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Author :
language : en
Publisher:
Release Date : 2023
Access To Justice In Malaysia And Beyond written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.
Access To Justice
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Author : Abu Bakar Awang
language : en
Publisher:
Release Date : 1979
Access To Justice written by Abu Bakar Awang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Legal Aid Bureau categories.
Consumer Protection In Asia
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Author : Geraint Howells
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-25
Consumer Protection In Asia written by Geraint Howells and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-25 with Law categories.
This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Fintech In Islamic Finance
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Author : Umar A. Oseni
language : en
Publisher: Routledge
Release Date : 2019-06-07
Fintech In Islamic Finance written by Umar A. Oseni and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Business & Economics categories.
Featuring high-level analysis of Islamic law, this book examines fintech in Islamic finance from both theoretical and empirical perspectives. Whilst building on existing approaches, it also discusses the current application of fintech in promoting financial inclusion through innovative solutions in Muslim-majority countries, identifying future directions for policy-makers. With original chapters written by prominent academics, senior lawyers and practitioners in the global Islamic finance industry, this book serves as the first standalone pioneering reference work on fintech in Islamic finance. It also, for the first time, examines the position of Islamic law on cryptocurrencies, such as bitcoin. Besides the conceptual analysis of the Sharīʿah and legal aspects of fintech in Islamic finance, this book provides relevant case studies showing current and potential developments in the application of fintech in various sectors ranging from crowdfunding and smart contracts, to Online Dispute Resolution, Investment Account Platform and identity verification in the KYC process. Setting the agenda for researchers in the field, Fintech in Islamic Finance will be useful to students and scholars of Islamic finance and financial technology.
Fates Of Political Liberalism In The British Post Colony
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Author : Terence C. Halliday
language : en
Publisher: Cambridge University Press
Release Date : 2012-02-13
Fates Of Political Liberalism In The British Post Colony written by Terence C. Halliday and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-13 with Law categories.
This book presents a theory of political liberalism in the British post-colonies.