Cross border Internet Dispute Resolution

Author: Julia Hörnle
Publisher: Cambridge University Press
ISBN: 0521896207
Format: PDF, ePub, Docs
Download Now
This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.

Online Dispute Resolution bei grenz berschreitenden Verbrauchervertr gen

Author: Simon Johannes Heetkamp
Publisher: Vandenhoeck & Ruprecht
ISBN: 3847007777
Format: PDF, ePub, Docs
Download Now
Die außergerichtliche Streitbeilegung unter Nutzung moderner Informations- und Telekommunikationstechniken wird unter dem Schlagwort der Online Dispute Resolution (ODR) seit Mitte der 1990er Jahre diskutiert. In den vergangenen Jahren haben sowohl die Europäische Union als auch die UN-Kommission für internationales Handelsrecht (United Nations Commission on International Trade Law, UNCITRAL) Regelungsinitiativen zu Online-Streitbeilegungsverfahren angestoßen. In der vorliegenden Arbeit werden wesentliche Strukturelemente und Verfahrensgrundsätze des europäischen Modells (bestehend aus der europäischen ADR-Richtlinie 2013/11/ EU und der ODR-Verordnung Nr. 524/2013) mit den UNCITRAL-Entwürfen zu Verfahrensvorschriften verglichen. Ein Schlaglicht wird des Weiteren auf die zur Streitbeilegung zulässigen Sacherwägungen geworfen. The use of modern information and telecommunication technology in extrajudicial dispute resolution has been discussed under the slogan of the Online Dispute Resolution (ODR) since the mid-1990s. In recent years, both the European Union and the United Nations Commission on International Trade Law (UNCITRAL) have launched regulatory initiatives for online dispute resolution. The present work compares the key structural elements and procedural principles of the European model (consisting of the European ADR Directive 2013/11/ EU and ODR Regulation No. 524/2013) with the UNCITRAL draft procedural rules. Considerations that are permitted within dispute resolution are also placed under the spotlight.

Online Dispute Resolution for Consumers in the European Union

Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Format: PDF, ePub, Mobi
Download Now
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.

Alternative Dispute Resolution and Peace building in Africa

Author: Ernest Uwazie
Publisher: Cambridge Scholars Publishing
ISBN: 1443862541
Format: PDF, Mobi
Download Now
Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time conflicts, civil unrest and other macro disputes are in play even in the smallest community conflicts. The converse is also true: lessons learned through community mediation, for example in South Africa, are applicable to the most complex and largest conflicts to be found on the continent. Together, the eleven chapters in this publication, in addition to the prologue and epilogue, suggest that a comprehensive assessment of efforts and investments in conflict resolution and peace studies in Africa since the mid-1990s is due in order to identify lessons and challenges, as well as best practices. Just as conflict dynamics are comparable between African conflicts, whether large or small, local or international, so are alternative dispute resolution processes. Effective approaches to resolving large-scale conflicts and civil wars are effective at the community level, and ineffectual techniques at the community level are just as likely to be counter-productive in mediating international disputes. While there may be some differences in mediating macro- and micro-conflicts (such as the time required, the need for negotiation teams, and the complexities of agenda development or pre-negotiations), as far as the mediation process is concerned, the differences are more like variations on a theme than real substantive dissimilarities. This volume provides case studies of programs and policies, and legislations on alternative dispute resolution and peace building, and examines and proposes some new, promising ideas for conflict prevention, as well as maintenance of peace, justice and security in Africa.

Cross border Online Gambling Law and Policy

Author: Julia Hörnle
Publisher: Edward Elgar Publishing
ISBN: 1849806829
Format: PDF, ePub, Docs
Download Now
This engaging book, written in an accessible and concise manner, methodically unravels the complexities of regulating cross-border online gambling. The focus of the wellresearched materials highlights the tensions which arise between the execution of national policies and the international ubiquity of internet-based trade. With well thought out examples the narrative illustrates how national policy choices clash with one another, not only via attempts to liberalize markets but also through the application of rules of private international law.

Law of Electronic Commercial Transactions

Author: Faye Fangfei Wang
Publisher: Routledge
ISBN: 1134115296
Format: PDF, Kindle
Download Now
The development of new technologies places new challenges to the interpretation and implementation of legislation in the information society. The recent deployment of service-oriented computing and cloud computing for online commercial activities has urged countries to amend existing legislation and launch new regulations. With the exponential growth of international electronic commercial transactions, a consistent global standard of regulating the legal effects of electronic communications, the protection of data privacy security and the effectiveness of Internet-related dispute resolution are motivating factors to build users’ trust and confidence in conducting cross-border business and their sharing information online. The second edition of this book continues taking a ‘solutions to obstacles’ approach and analyses the main legal obstacles to the establishment of trust and confidence in undertaking business online. In comparing the legislative frameworks of e-commerce in the EU, US, China and International Organisations, the book sets out solutions to modernise and harmonise laws at the national, regional and international levels in response to current technological developments. It specifically provides information on the key legal challenges caused by the increasing popularity of service-oriented computing and cloud computing as well as the growing number of cross-border transactions and its relation to data privacy protection, Internet jurisdiction, choice of law and online dispute resolution. It considers how greater legal certainty can be achieved in cloud computing service contracts and other agreements resulted in service-oriented computing. The second edition of Law of Electronic Commercial Transactions is a clear and up to date account of a fast-moving area of study. It will be of great value to legislators, politicians, practitioners, scholars, businesses, individuals, postgraduate and undergraduate students. It provides in-depth research into finding solutions to remove eight generic legal obstacles in electronic commercial transactions and offers insights into policy making, law reforms, regulatory developments and self-protection awareness.

Online Dispute Resolution

Author: Gabrielle Kaufmann-Kohler
Publisher: Kluwer Law International B.V.
ISBN: 9041123180
Format: PDF, Kindle
Download Now
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.