Online Dispute Resolution The Development And Regulation Of Online Dispute Resolution
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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
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.
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 : 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.
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.
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.
Online Dispute Resolution
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Author : Faye Wang
language : en
Publisher: Chandos Publishing
Release Date : 2008-09-30
Online Dispute Resolution written by Faye Wang and has been published by Chandos Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Computers categories.
This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market.
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 : 2016-11-24
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 2016-11-24 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 Dispute Resolution
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Author : Wang Dr Faye Fangfei
language : en
Publisher:
Release Date : 2008-09-30
Online Dispute Resolution written by Wang Dr Faye Fangfei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-30 with Dispute resolution (Law) categories.
The most-up-to-date technology and regulation of Online Dispute Resolution (ODR) are examined in this essential reference for lawyers, practitioners, legislators and students. It introduces the different forms of ODR and enables the reader to understand and cope with the challenges of e-commerce.