Online Dispute Resolution For Consumers In The European Union
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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.
Online Resolution Of E Commerce Disputes
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Author : Jie Zheng
language : en
Publisher: Springer
Release Date : 2021-10-04
Online Resolution Of E Commerce Disputes written by Jie Zheng and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-04 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.
The New Regulatory Framework For Consumer Dispute Resolution
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Author : Pablo Cortés
language : en
Publisher: Oxford University Press
Release Date : 2016
The New Regulatory Framework For Consumer Dispute Resolution written by Pablo Cortés and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Law categories.
This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.
Rethinking Eu Consumer Law
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Author : Geraint Howells
language : en
Publisher: Routledge
Release Date : 2017-07-28
Rethinking Eu Consumer Law written by Geraint Howells and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
In Rethinking EU Consumer Law, the authors analyse the development of EU consumer law on the basis of a number of clear themes, which are then traced through specific areas. Recurring themes include the artificiality of the EU’s consumer image, the problems created by the drive towards maximum harmonisation, and the unexpected effects EU Consumer Law has had on national law. The book argues that EU Consumer Law has the potential of enhancing the protecting of consumers throughout the EU and could offer a model for consumer law elsewhere in the world, but in order to unlock this potential, there needs to be a rethink with regard to the EU’s approach to consumer law and policy.
Consumer Alternative Dispute Resolution In Emerging Economies
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Author : Eda Sahin-Sengül
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-25
Consumer Alternative Dispute Resolution In Emerging Economies written by Eda Sahin-Sengül and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-25 with Law categories.
This book provides a comprehensive guide to consumer Alternative Dispute Resolution (ADRs) and the unconventional challenges they pose for emerging economies, aiming to advance their growth within developing nations. Written in response to the increasing number of transactions between consumers and traders in the digital age, and the accompanying rise in consumer disputes, the book details ADR systems which have come to the fore to settle complaints. Covering ADR techniques including arbitration, mediation and ombudsman services, it provides a guide to efficient dispute resolution and its application to emerging economies worldwide. The book also examines the role of technology in shaping ADR processes, given the prevalence of digital transactions in consumer markets. Thoughtfully explaining the challenges faced in implementing these systems suggests how governments and businesses can encourage the use of ADR, alongside providing practical case studies detailing past integrations into emerging economies. Practical, thorough, and internationally focused, this book will be of interest to researchers in the fields of dispute resolution, consumer law, and technology.
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.
The Citizen In European Private Law
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Author : Caroline Cauffman
language : en
Publisher:
Release Date : 2016
The Citizen In European Private Law written by Caroline Cauffman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Civil law categories.
In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.
European Consumer Access To Justice Revisited
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Author : Stefan Wrbka
language : en
Publisher: Cambridge University Press
Release Date : 2015
European Consumer Access To Justice Revisited written by Stefan Wrbka 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 2015 with Law categories.
This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
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.
The New Regulatory Framework For Consumer Dispute Resolution
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Author : Pablo Cortés
language : en
Publisher: Oxford University Press
Release Date : 2016-12-01
The New Regulatory Framework For Consumer Dispute Resolution written by Pablo Cortés and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-01 with Law categories.
Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.