Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings
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Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2021-10-11
Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-11 with Political Science categories.
These guidelines, prepared by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers of the Council of Europe on 16 June 2021, are designed to help the 47 member states of the Organisation to improve the functioning of their online dispute resolution mechanisms (ODR) in civil and administrative court proceedings, and to ensure that such mechanisms are accompanied by robust human rights safeguards, and that they are compatible with the key principles of a fair trial and effective remedy – Articles 6 and 13 of the European Convention on Human Rights – as set out in the case law of the European Court of Human Rights. This practical legal tool provides guidance in relation to fair procedure – access to justice, equality of arms, evidence, effective proceedings, delivery of the decision, right to a reasoned decision, enforcement of the decision and right to judicial review in cases involving purely automated decisions – to transparency in the use of ODR and requirements for hearings, as well as on specific issues such as cybersecurity and human rights protection, including personal data protection.
Guidelines Of The Committee Of Ministers Of The Council Of Europe On Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings And Explanatory Memorandum
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Author : Council of Europe
language : en
Publisher:
Release Date : 2021-10-22
Guidelines Of The Committee Of Ministers Of The Council Of Europe On Online Dispute Resolution Mechanisms In Civil And Administrative Court Proceedings And Explanatory Memorandum written by Council of Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-22 with categories.
These guidelines, prepared by the European Committee on Legal Co-operation (CDCJ) and adopted by the Committee of Ministers of the Council of Europe on 16 June 2021, are designed to help the 47 member states of the Organisation to improve the functioning of their online dispute resolution mechanisms (ODR) in civil and administrative court proceedings, and to ensure that such mechanisms are accompanied by robust human rights safeguards, and that they are compatible with the key principles of a fair trial and effective remedy - Articles 6 and 13 of the European Convention on Human Rights - as set out in the case law of the European Court of Human Rights.This practical legal tool provides guidance in relation to fair procedure - access to justice, equality of arms, evidence, effective proceedings, delivery of the decision, right to a reasoned decision, enforcement of the decision and right to judicial review in cases involving purely automated decisions - to transparency in the use of ODR and requirements for hearings, as well as on specific issues such as cybersecurity and human rights protection, including personal data protection
Formalisation And Flexibilisation In Dispute Resolution
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Author : Joachim Zekoll
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2014-09-25
Formalisation And Flexibilisation In Dispute Resolution written by Joachim Zekoll and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-25 with Law categories.
Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Regulating Dispute Resolution
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Author : Felix Steffek
language : en
Publisher: A&C Black
Release Date : 2014-07-18
Regulating Dispute Resolution written by Felix Steffek and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.
Dispute Resolution In The People S Republic Of China
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Author : Zhiqiong June Wang
language : en
Publisher: BRILL
Release Date : 2019-12-02
Dispute Resolution In The People S Republic Of China written by Zhiqiong June Wang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Designing Online Courts
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Author : Zbynek Loebl
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-11-01
Designing Online Courts written by Zbynek Loebl 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 2019-11-01 with Law categories.
The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following: how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks; how to approach the potential for international standardization; how to plan for cooperation rather than competition with private ODR platforms; and how to avoid the mistakes of the earliest online courts. Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software. With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.
Online Dispute Resolution The Development And Regulation Of Online Dispute Resolution
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Author : Gabrielle Kaufmann-Kohler
language : en
Publisher:
Release Date : 2004
Online Dispute Resolution The Development And Regulation Of Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Dispute resolution (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 provides 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 stakeholders. 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 that provide 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."--Publisher's website
Digital Justice
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Author : Ethan Katsh
language : en
Publisher: Oxford University Press
Release Date : 2017-03-09
Digital Justice written by Ethan Katsh 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 2017-03-09 with Law categories.
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Cross Border Internet Dispute Resolution
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Author : Julia Hörnle
language : en
Publisher: Cambridge University Press
Release Date : 2009-02-12
Cross Border Internet Dispute Resolution written by Julia Hörnle 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 2009-02-12 with Business & Economics categories.
This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.
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.