Online Arbitration
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Online Dispute Resolution
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Online Dispute Resolution written by Gabrielle Kaufmann-Kohler 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 2004-01-01 with Law categories.
In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Arbitration In The Digital Age
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Author : Maud Piers
language : en
Publisher: Cambridge University Press
Release Date : 2018-01-25
Arbitration In The Digital Age written by Maud Piers 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 2018-01-25 with Law categories.
Demonstrates the enormous impact that the use of technology is having, and will continue to have, on arbitration.
Online Arbitration
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Author : Faye Fangfei Wang
language : en
Publisher: Taylor & Francis
Release Date : 2017-08-14
Online Arbitration written by Faye Fangfei Wang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-14 with Law categories.
Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms. The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes. By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.
Adr Through Online Arbitration The Future Of Justice
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Author : Dr. V.V.L.N. Sastry
language : en
Publisher: Idea Publishing
Release Date :
Adr Through Online Arbitration The Future Of Justice written by Dr. V.V.L.N. Sastry and has been published by Idea Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with Law categories.
Individuals, groups, and organizations have solely relied on the court system to resolve disputes for quite a long time. On the contrary, many people today are able solve their disagreements successfully without involving the courts. Mechanisms through which disputes are resolved outside the court system are known as Alternative Dispute Resolutions. In order to make Alternative Dispute Resolutions less expensive and more efficient, modern technologies can be integrated into the dispute resolution process. This book specifically focuses on Online Arbitration procedures as one of the methods of Alternative Dispute Resolutions. Whenever they encounter disagreements in transactions, business to business (B2B) organizations prefer Online Arbitration, also known as Electronic Arbitration (hereto referred to as Online Arbitration) to other mechanisms of resolving disputes to come into agreements. This is because Online Arbitration allows those involved in the dispute to choose a professional they both trust to help solve their disagreement, while at the same time ensuring that all the necessary procedures are followed to the latter. Moreover, disputes that arise from business to business transactions are often resolved faster, and parties easily get access to relevant documents from their locations and at any time whenever Online Arbitration is used to resolve disputes. Currently, no legal framework exists to help guide Online Arbitration procedures. For this reason, rules that have traditionally governed commercial arbitration are applied in arbitrations that are conducted online. Although the existing rules for conventional commercial adjudication outlines rules that also take care of the online version, online arbitration requires rules that are specifically designed for it due to its unique features. A legal framework for online arbitration must specify how technology will be used in the dispute resolution process, how performance of notifications will be carried out, and how acknowledgement of receipt will be granted. Furthermore, it should state the obligation of the parties to maintain high ethical standards during the dispute resolution process and allow parties to freely select the most appropriate extra-judicial mechanisms for faster and easier enforcement of the proposed ruling.
Online Arbitration In Theory And In Practice
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Author : Ihab Abdel Salam Amro
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-01-08
Online Arbitration In Theory And In Practice written by Ihab Abdel Salam Amro and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-08 with Law categories.
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.
Online Arbitration In Theory And In Practice
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Author : Ihab Abdel Salam
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2021-10
Online Arbitration In Theory And In Practice written by Ihab Abdel Salam and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10 with categories.
This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.
Costs And Quality Of Online Dispute Resolution
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Author : Martin Gramatikov
language : en
Publisher: Maklu
Release Date : 2012
Costs And Quality Of Online Dispute Resolution written by Martin Gramatikov and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
Of the ODR movement and review of the relevant literature / Marta Poblet -- Definitions of online dispute resolution / Simon Thomson & Avrom Sherr -- ODR and trans-border disputes / Przemysław Pecherzewski & Piotr Rodziewicz -- EU regulation on ODR : an introduction and some thoughts / Graham Ross -- Normative and positive developments in the field of online dispute resolution : the European Union level / Bilyana Gyaurova-Wegertseder -- What dispute resolution tasks to support with ODR, and how to support them / Jelle van Veenen -- Measuring the costs of ODR / Martin Gramatikov -- Quality of ODR procedures / Laura Klaming -- Dimension of the quality of the outcome of dispute resolution processes / Martin Gramatikov & Robert Porter.
Digital Family Justice
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Author : Mavis Maclean
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-12-12
Digital Family Justice written by Mavis Maclean and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.
The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book, experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland, and England and Wales explore how ADR has fallen behind, and how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? Or dispute prevention, management, and above all legal protection of the vulnerable?
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
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Author : Net Neutrals EU
language : en
Publisher: AuthorHouse
Release Date : 2015-11-30
Online Dispute Resolution written by Net Neutrals EU and has been published by AuthorHouse this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-30 with Business & Economics categories.
Online Dispute Resolution
Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today
and tomorrow
A Promise Unfulfilled and What to Do About It - Complaint Handling Now
Marc Grainer; Scott Broetzmann, David Beinhacker, and
Richard Grainer
Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective
Jo DeMars
Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System
Pablo Cortes
Consumer Trust and Business Benefits with ODR
Immaculada Barral-Viñals
Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design
Riika Koulu
The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool
- Benefits and Challenges
Amy Koltz
Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View
Katherine G. Newcomer
One Man's View of One Country - ADR & ODR and the future of complaint management in the UK
Adrian Lawes