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Author: Julia Hörnle
Publisher: Cambridge University Press
Published: 2009-02-12
Total Pages: 319
ISBN-13: 0521896207
DOWNLOAD EBOOKThis book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.
Author: Nadja Marie Alexander
Publisher: Kluwer Law International B.V.
Published: 2009-01-01
Total Pages: 538
ISBN-13: 9041132244
DOWNLOAD EBOOK"In a world where the borders of the global community are fluid, and where disputants manifest increasingly diverse attributes and needs, mediation ? for decades hovering at the edge of dispute resolution practice ? is now emerging as the preferred approach, both in its own right and as an adjunct to arbitration. Mediation processes are sufficiently flexible to accommodate a range of stakeholders (not all of whom might have legal standing) in ways the formality of arbitration and litigation would not normally allow. Among mediation?s many advantages are time and cost efficiencies, sensitivity to cultural differences, and assured privacy and confidentiality. This book meets the practice needs of lawyers confronted with cross-border disputes now arising far beyond the traditional areas of international commerce, such as consumer disputes, inter-family conflicts, and disagreements over Internet-based transactions. The author takes full account of mediation?s risks and limitations, primarily its lack of finality and uncertainty in relation to enforceability issues which will persist until the advent of appropriate international regulation."--Publisher's website.
Author: Jie Zheng
Publisher: Springer Nature
Published: 2020-10-03
Total Pages: 376
ISBN-13: 3030541207
DOWNLOAD EBOOKThis 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.
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Publisher: Nordic Council of Ministers
Published: 2002
Total Pages: 94
ISBN-13: 9789289308267
DOWNLOAD EBOOK4. THE NORDIC ADR SYSTEMS
Author: Pablo Cortés
Publisher: Routledge
Published: 2010-09-13
Total Pages: 283
ISBN-13: 1136943501
DOWNLOAD EBOOKOffers 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.
Author: Michael Legg
Publisher: Butterworth-Heinemann
Published: 2013
Total Pages: 297
ISBN-13: 9780409332766
DOWNLOAD EBOOKDiscusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Author: Ihab Abdel Salam
Publisher: Cambridge Scholars Publishing
Published: 2021-10
Total Pages:
ISBN-13: 9781527572652
DOWNLOAD EBOOKThis book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firstâ "hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates eâ "commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 â ~The CISGâ (TM) applies to eâ "commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their crossâ "border commercial disputes through online arbitration.
Author: Lucille M. Ponte
Publisher: Prentice Hall
Published: 2005
Total Pages: 196
ISBN-13:
DOWNLOAD EBOOKWith no uniform laws or court systems in the global marketplace of the online world, e-businesses and their customers are looking for dispute resolutions options that reflect the speed and convenience of the Web. This interactive text provides a concise and easy-to-understand overview of the cutting edge topic of Online Dispute Resolutions (ODR) that can be used as a supplement to a wide range of courses.
Author: Pedro De Miguel Asensio
Publisher: Edward Elgar Publishing
Published: 2024-05-02
Total Pages: 561
ISBN-13: 1035315130
DOWNLOAD EBOOKIn this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author: Paul Torremans
Publisher: Edward Elgar Publishing
Published: 2014-12-31
Total Pages: 901
ISBN-13: 1781955808
DOWNLOAD EBOOKThe Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
