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.
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.
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.
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.
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.
Consumer Law
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Author : Mary Donnelly (Law teacher)
language : en
Publisher:
Release Date : 2014-12-03
Consumer Law written by Mary Donnelly (Law teacher) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-03 with Consumer protection categories.
Consumer Law: Rights and Regulation provides readers with a comprehensive and definitive analysis of contemporary Irish consumer law, within its European context. The book addresses consumer law issues from a dual perspective by examining both consumers' rights and suppliers' regulatory obligations. Key Features * A comprehensive reference that provides you with invaluable analysis and interpretation * Up to date and including all important case law, European and Irish legislation and Codes of Practice * Suited to practitioner needs in advising both consumers and suppliers * Identifies emerging legal developments and allows you to plan for future legal changes * Analyses the policy basis for legal measures and enhances discussions around appropriate reform models * Provides comprehensive analysis of complex and practically important issues in respect of: Sale of goods and supply of services; Product guarantee and product liability; Consumer credit; Financial Services Ombudsman; Investor protection; and Unfair commercial practices. * Includes coverage of: EU Mortgages Directive 2014; European Union (Consumer Information, Cancellation and Other Rights) Regulation 2013 which transposed the Consumer Rights Directive 2011/83/EC;Code of Conduct on Mortgage Arrears 2013; Central Bank Consumer Protection Code 2013; Directive 2013/11/EU on alternative dispute resolution for consumer disputes Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes About the authors Dr Mary Donnelly is a Senior Lecturer in Law at University College Cork. She is the author of The Law of Credit and Security (Thomson Reuters Round Hall, 2011). She has acted as a consultant on consumer and banking law issues for public and private sector organisations. Dr Fidelma White is a Senior Lecturer in Law at University College Cork. She is the author of Commercial Law (Thomson Reuters Round Hall, 2nd ed., 2012). She was a member of the Sales Law Review Group (2008-11) and has acted as a consultant on various consumer law projects in Europe and Ireland.
European Consumer Access To Justice Revisited
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Author : Stefan Wrbka
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-20
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 2014-11-20 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 Online Dispute Resolution Pathways In Europe
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Author : Emma van Gelder
language : en
Publisher:
Release Date : 2022-11-18
Consumer Online Dispute Resolution Pathways In Europe written by Emma van Gelder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-18 with Consumer protection categories.
The field of consumer online dispute resolution is going through important developments throughout Europe. New ODR providers are entering the field and a growing number of ADR bodies are relying on digital technologies to resolve consumer complaints. Also, consumers are increasingly resorting to online platforms to achieve redress. ODR has the potential to increase consumers' access to redress by taking the procedure online. At the same time, the quality of cODR procedures remains a challenge. For instance, transparency is difficult to achieve, especially when algorithmic software is used, and a fair procedure cannot always be safeguarded in text-based online procedures. The fundamental right of access to justice not only underscores the right to access a dispute resolution body to emulate an enjoyment of substantive rights, but also the right to a procedure that complies with fairness standards. This book explores what procedural standards must be in place to secure consumers' access to fair ODR procedures in Europe, by way of a theoretical and empirical legal study. This research is financed by the ERC research council.
Eu Regulation Of E Commerce
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Author : Arno R. Lodder
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-04-28
Eu Regulation Of E Commerce written by Arno R. Lodder 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 2017-04-28 with categories.
For the last twenty years the European Union has been extremely active in the field of e-commerce. This important new book addresses the key pieces of EU legislation in the field of e-commerce, including the E-commerce Directive, the Services Directive, the Consumer Directive, the General Data Protection Regulation, and the eID Regulation. The latest in the Elgar Commentaries series, EU Regulation of E-Commerce is the first book to apply this well-established format to a dynamic and increasingly significant area of law.
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
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.