Online Dispute Resolution In China
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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.
Online Dispute Resolution In China
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Author : Wei Gao
language : en
Publisher: Taylor & Francis
Release Date : 2025-02-18
Online Dispute Resolution In China written by Wei Gao and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-18 with Law categories.
This book provides an up-to-date and comprehensive institutional analysis of online dispute resolution (ODR), with a focus on the developments in China as well as their doctrinal and practical implications globally. In the book, a wide range of ODR mechanisms, including online arbitration, online litigation, online mediation, crowdsourced ODR, and blockchain escrow services and more, are thoroughly examined and compared through an original analytical framework that highlights the evolutionary trajectories of dispute resolution in the digital era. The author leverages several empirical studies and her experience working with the Supreme People’s Court on formulating the rules for online courts. She presents an insightful, panoramic overview of ODR practices across Chinese courts, arbitration commissions, and online businesses, including detailed case studies and critical analyses of major digital platforms such as Taobao and the internet courts, which informs not only a new conception of justice adapted to the internet society but also different developmental paths for both established and emerging methods of ODR. This book will appeal to scholars, practitioners and policymakers with an interest in online dispute resolution, online courts, law and technology, as well as digital platforms and the internet economy.
Online Dispute Resolution In China
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Author : Wei Gao
language : en
Publisher:
Release Date : 2025
Online Dispute Resolution In China written by Wei Gao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025 with Law categories.
This book provides an up-to-date and comprehensive institutional analysis of online dispute resolution (ODR), with a focus on the developments in China as well as their doctrinal and practical implications globally. In the book, a wide range of ODR mechanisms, including online arbitration, online litigation, online mediation, crowdsourced ODR, and blockchain escrow services and more, are thoroughly examined and compared through an original analytical framework that highlights the evolutionary trajectories of dispute resolution in the digital era. The author leverages several empirical studies and her experience working with the Supreme People's Court on formulating the rules for online courts. She presents an insightful, panoramic overview of ODR practices across Chinese courts, arbitration commissions, and online businesses, including detailed case studies and critical analyses of major digital platforms such as Taobao and the internet courts, which informs not only a new conception of justice adapted to the internet society but also different developmental paths for both established and emerging methods of ODR. This book will appeal to scholars, practitioners and policymakers with an interest in online dispute resolution, online courts, law and technology, as well as digital platforms and the internet economy.
Dispute Resolution And Social Governance In Digital China
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Author : Jieren Hu
language : en
Publisher: Taylor & Francis
Release Date : 2024-08-02
Dispute Resolution And Social Governance In Digital China written by Jieren Hu and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-02 with Political Science categories.
Based on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of “rightful control” and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations. The author argues that when rightful control relies more on means beyond law and policy, it not only fails to construct an image of a responsible state but also leads to the counterproductive result of creating new conflicts that may bring social instability and threaten regime legitimacy. The study explains why digital technology could only perform a limited role in strengthening social control, which adds a new dimension to state-society relations in China from the perspective of digital governance. The book will attract researchers and students studying law, political science, and sociology, and government personnel who focus on digital governance.
Commercial Dispute Resolution In China
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Author : Wolters Kluwer Hong Kong
language : en
Publisher: Wolterskluwer HK
Release Date : 2021-11-15
Commercial Dispute Resolution In China written by Wolters Kluwer Hong Kong and has been published by Wolterskluwer HK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
2020 marked a remarkably unusual year for all, tough and impressive enough. Along with the prevalence of COVID-19 and the deepening of economic globalization, work and production in China were resumed in an orderly manner, bringing positive economic growth against the trend. In this context, commercial dispute resolutions in China were faced with new challenges and endured new reforms while embracing new developments. The promulgation of new laws and regulations in 2020, including the Civil Code of the People’s Republic of China and the Supplementary Arrangements on Mutual Implementation of Arbitral Awards in Mainland China and Hong Kong Special Administrative Region, has elevated the arbitration system to a higher level. Arbitration institutions such as the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as “BAC/BIAC”) carried out anti-pandemic measures in a timely manner to ensure the well-functioning of the arbitration procedures. Meanwhile, China’s judicial supervision on arbitration and arbitration disclosure have undergone impressive developments. In 2020, the procedural standards of commercial mediation were further optimized, and commercial mediation institutions continued to expand and grow, while the number of mediation cases increased steadily. The “one-stop” diversified dispute resolution system was fully advanced, and the systems of litigation-mediation and arbitration-mediation have been constantly improved. Online mediation mechanism was rapidly developed in response to the new norms of pandemic prevention and control. Sino-foreign joint mediation mechanism has been gradually established, and international commercial mediation rules and systems are continuously refined. While rolling out countermeasures in full scale to mitigate impacts of pandemic, China achieved some eye-catching accomplishments in terms of legal system development and dispute resolution practices in 2020. To present an in-depth and systematic report on the 2020 practices and developments in the aforementioned fields, BAC/BIAC has called upon industry experts to contribute to the Annual Review and Preview of Commercial Dispute Resolution in China (2021) (“2021 Annual Review”), and released it in both Chinese and English to facilitate a better understanding of the status quo of China’s commercial dispute resolutions among interested parties at home and abroad. The 2021 Annual Review is compiled based on the following principles: First, focus on the state of the art. The 2021 Annual Review strives to showcase the latest developments in relevant industries and the leading trends in legal systems and judicial practices. It selected annual hot topics for in-depth analysis, aiming to deliver timely observations and cutting-edge contents while providing detailed information thereof. Second, focus on consistency and systematises. By inheriting previous compilation rules, the 2021 Annual Review presents an annual overview of various industries, crucial laws and policies, typical cases, analyses of heated issues and prospects, such that the readers are able to grasp the practices and developments of key industries from a multi-angle, holistic perspective. Third, focus on practicability. The 2021 Annual Review pays attention to the pragmatic value in order to help commercial entities improve their abilities of risk prevention and dispute resolution. The Editorial Committee is composed of seasoned professionals who deliver observations and opinions based on their rich experience on the industry’s frontline, providing practical references for the readers.
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.
Commercial Dispute Resolution In China
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Author : Beijing Arbitration Commission
language : en
Publisher: Wolterskluwer HK
Release Date : 2023-10-14
Commercial Dispute Resolution In China written by Beijing Arbitration Commission and has been published by Wolterskluwer HK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-14 with Law categories.
In 2022, with the pandemic continually impacted the world economy, coupled with the ongoing competition among major powers and the ever-changing geopolitical landscape, China’s commercial dispute resolution has adapted to the new economic form, presenting new changes and embracing new development. In the field of commercial arbitration, the amendments to the Arbitration Law were being accelerated, as it has been included in the annual legislative review projects of the Standing Committee of the National People’s Congress. The Arbitration Association of China has been registered, attracting significant attention both within and outside the industry. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center, have improved systems and rules for online arbitration and hearings, innovated the supply of arbitration services, and promoted the development of arbitration practices. Meanwhile, China’s arbitration judicial review and the opening up of arbitration have also drawn a lot of attention and highlights. In the field of commercial mediation, “headquarters-to-headquarters” online dispute resolution has been comprehensively promoted in response to the call of the times. This has driven the effective linkage of various dispute resolution mechanisms such as litigation, arbitration, and mediation, achieving good results. Various mediation organizations are constantly improving their rules and innovating their service models, which strongly promotes the development of commercial mediation. In key professional sectors, the construction of the rule of law and dispute resolution are continuously adapting to the demands of new economic forms. Since 2013, BAC/BIAC has been continuously organizing industry experts to write the Commercial Dispute Resolution in China: An Annual Review and Preview (hereinafter referred to as the “Annual Review”), which is published globally in both Chinese and English. The Annual Review and the Annual Summit based thereon have become an important window for people at home and abroad to understand the development of China’s commercial dispute resolution, establishing an important platform for dispute resolution professionals at home and abroad to communicate and interact. The Commercial Dispute Resolution in China: An Annual Review and Preview (2023) continues to uphold the concept of being rooted in and serving practice. Through systematic reviews of industry overviews, key legal regulations and policies, analysis of model cases, observations on hot issues, and forecasts for the industry in the coming year, it provides support for market entities in making business decisions and enhancing risk prevention and dispute resolution capabilities.
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 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.
Alternative Dispute Resolution Mechanisms For Business To Business Digital Copyright And Content Related Disputes
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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2021-08-31
Alternative Dispute Resolution Mechanisms For Business To Business Digital Copyright And Content Related Disputes written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-31 with Law categories.
This timely publication analyses the results of a survey carried out by WIPO, with the financial support of the Ministry of Culture, Sports and Tourism of the Republic of Korea (MCST), on the current use of alternative dispute resolution (ADR) mechanisms to handle business-to-business disputes related to digital copyright and digital content. Drawing on more than 1,000 responses from a wide range of stakeholders in 129 countries, the report is a unique source of information on which to base the development of tailored ADR mechanisms.