Adr And Consumers Between Europe And China
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Adr And Consumers Between Europe And China
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Author : Laura Sempi
language : en
Publisher:
Release Date : 2011
Adr And Consumers Between Europe And China written by Laura Sempi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
A renewed attention to alternative dispute resolution (ADR) models give the cue for some observations in a comparative perspective: mediation is a good laboratory in order to observe cross-circulation of legal models for contemporary comparative law scholars. We witness here a recent convergence of Western systems and East Asian countries on ADR mechanisms which represent a typical feature of the legal tradition of the latter even with its own characteristics. Indeed, in the last decade the European Union has promoted extrajudicial forms of disputes resolution, in the first place with Directive 2008/52/EC. The two proposals of Directive on consumer ADR and Regulation on consumers Online Dispute Resolution (ODR) issued on November 2011 go farther on this track, by extending recourse to ADR models to consumer litigation. Consumer protection, a traditional policy area of the EU, represents an emerging field of law instead in the Chinese legal landscape. After scandals such as the highly debated Sanlu tainted-milk case, the Chinese Government seeks to enhance consumer protection standards. The reform draft of Chinese Consumer Law currently under discussion mandates mediation for consumers disputes as well. The two scenarios are examined in order to highlight lights and shadows of ADR with regard to consumer rights protection.
Online Resolution Of E Commerce Disputes
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Author : Jie Zheng
language : en
Publisher: Springer Nature
Release Date : 2020-10-03
Online Resolution Of E Commerce Disputes written by Jie Zheng and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-03 with Law categories.
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Online Dispute Resolution For Consumers In The European Union
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Author : Pablo Cortés
language : en
Publisher: Routledge
Release Date : 2010-09-13
Online Dispute Resolution For Consumers In The European Union written by Pablo Cortés and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-13 with Law categories.
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
International Sale Of Goods
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Author : Nicolas Nord
language : en
Publisher: Springer
Release Date : 2017-04-26
International Sale Of Goods written by Nicolas Nord and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-26 with Law categories.
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
Access To Justice For The Chinese Consumer
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Author : Ling Zhou
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-14
Access To Justice For The Chinese Consumer written by Ling Zhou and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.
Resolving Mass Disputes
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Author : Christopher Hodges
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-10-31
Resolving Mass Disputes written by Christopher Hodges and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Consumer Adr In Europe
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-05-10
Consumer Adr In Europe written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-10 with Law categories.
This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
E Commerce Law In China
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Author : Cristiano Rizzi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2013-09-01
E Commerce Law In China written by Cristiano Rizzi and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-01 with Law categories.
This first book of its kind examines the framework regulating online sales, protection of personal data and intellectual property, use of e-money, e-marketing, and Internet security as they currently exist in China’s “market space”. The book’s very useful information includes such items as the following: detailed comparisons with European e-commerce regulation; business models for operating a website in China; Chinese rules on online purchase contracts, privacy, and data security; downloading and distributing software and other material; protection against copyright infringements and computer fraud; issues of jurisdiction and governing law; advertising and “spam”; use of “cookies” in online marketing; taxation of e-commerce; existing gateways for online payment; effect of the expansion of the so-called social forums; understanding Chinese online consumers and their behavior; importance of Chinese culture and heritage when applying copyright on the Internet; and progress towards a freer and more secure cyberspace in China. An appendix presents English texts of essential Chinese legislation affecting e-commerce. As a full-fledged definition of this new channel of distribution, its boundaries and functioning, with a particular focus on China, this book is an indispensable source of guidance and reference for counsel representing global marketers at any level of business. Its importance for scholars and researchers in the critical field of data security goes without saying. However, this book is also a guide for all the enterprises wishing to do business in the online dimension in China, and for all the consumers shopping online, wishing to know what their rights are when buying products or services on the Internet, and to know how to protect themselves if something goes wrong.
International Sale Of Goods
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Author : Nicolas Nord
language : en
Publisher: Springer
Release Date : 2017-04-19
International Sale Of Goods written by Nicolas Nord and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-04-19 with Law categories.
This book provides an in-depth study of Private International Law reasoning in the field of international sale of goods contracts. It connects the dots between European and Chinese law and offers an unprecedented transversal and comparative legal study on the matter. Its main purpose is to identify the consequences of European rules on Chinese companies and vice versa. The first part addresses the conflict of jurisdiction and conflict of law rules, while the second part discusses in detail the practical importance and the impact of arbitration, which is becoming more common thanks to its flexibility. The third part focuses on the Vienna Convention on Contracts for the International Sale of Goods and the Unidroit Principles of International Commercial Contracts and carefully analyses their use. The final part examines contracts involving consumers.
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.