Online Dispute Resolution for Consumers in the European Union Book

Online Dispute Resolution for Consumers in the European Union


  • Author : Pablo Cortés
  • Publisher : Routledge
  • Release Date : 2010-09-13
  • Genre: Law
  • Pages : 288
  • ISBN 10 : 9781136943508

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Online Dispute Resolution for Consumers in the European Union Excerpt :

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.

Online Dispute Resolution Book

Online Dispute Resolution


  • Author : Faye Fangfei Wang
  • Publisher : Chandos Publishing
  • Release Date : 2009
  • Genre: Law
  • Pages : 152
  • ISBN 10 : 1843345196

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Online Dispute Resolution Excerpt :

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. Based on exclusive research and up-to-date best practices within the online dispute resolution field Simple and clear with an in-depth analysis and of a wide range of topics such as technology, management and law Provides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL

The Law of Consumer Redress in an Evolving Digital Market Book

The Law of Consumer Redress in an Evolving Digital Market


  • Author : Pablo Cortés
  • Publisher : Cambridge University Press
  • Release Date : 2017-10-05
  • Genre: Business & Economics
  • Pages : 324
  • ISBN 10 : 9781107079007

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The Law of Consumer Redress in an Evolving Digital Market Excerpt :

This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.

The New Handshake Book

The New Handshake


  • Author : Amy J. Schmitz
  • Publisher : Unknown
  • Release Date : 2017
  • Genre: Consumer protection
  • Pages : 149
  • ISBN 10 : 1634257685

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The New Handshake Excerpt :

Where we are now -- What consumers want -- Lessons learned on ebay -- The business case for resolutions -- Bringing consumer advocacy online -- Ethical considerations -- Envisioning a global redress system -- The design: newhandshake.org -- How it could succeed and how it could fail -- Case studies -- What's next -- Conclusion

Online Dispute Resolution Book

Online Dispute Resolution


  • Author : Gabrielle Kaufmann-Kohler
  • Publisher : Kluwer Law International B.V.
  • Release Date : 2004-01-01
  • Genre: Law
  • Pages : 384
  • ISBN 10 : 9789041123183

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Online Dispute Resolution Excerpt :

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 Book

Online Dispute Resolution


  • Author : Mohamed S. Abdel Wahab
  • Publisher : Eleven International Pub
  • Release Date : 2012-01
  • Genre: Law
  • Pages : 571
  • ISBN 10 : 9490947253

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Online Dispute Resolution Excerpt :

This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.

Digital Justice Book

Digital Justice


  • Author : Ethan Katsh
  • Publisher : Oxford University Press
  • Release Date : 2017-03-09
  • Genre: Law
  • Pages : 352
  • ISBN 10 : 9780190464608

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Digital Justice Excerpt :

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.

Online Dispute Resolution Book

Online Dispute Resolution


  • Author : Ethan Katsh
  • Publisher : Jossey-Bass
  • Release Date : 2001-05-23
  • Genre: Law
  • Pages : 240
  • ISBN 10 : 0787956767

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Online Dispute Resolution Excerpt :

An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.

Alternative Dispute Resolution Book

Alternative Dispute Resolution


  • Author : Albert Fiadjoe
  • Publisher : Routledge
  • Release Date : 2013-03-04
  • Genre: Law
  • Pages : 180
  • ISBN 10 : 9781135332099

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Alternative Dispute Resolution Excerpt :

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.

Online Dispute Resolution For Business Book

Online Dispute Resolution For Business


  • Author : Colin Rule
  • Publisher : John Wiley & Sons
  • Release Date : 2003-02-03
  • Genre: Business & Economics
  • Pages : 326
  • ISBN 10 : 0787967769

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Online Dispute Resolution For Business Excerpt :

In this original and highly useful resource, Colin Rule—a pioneer in the field of online dispute resolution (ODR)—shows how ODR can be used to resolve conflicts which inevitably arise both online and offline in business and commerce. Based on exclusive research and up-to-date best practices, Online Dispute Resolution for Business presents expert advice on how ODR can save time and money, offering timely suggestions and proven approaches for resolving business related conflicts online.

LAW OF ADR IN CANADA Book

LAW OF ADR IN CANADA


  • Author : MARKUS. ROTTERDAM
  • Publisher : Unknown
  • Release Date : 2018
  • Genre: Uncategoriezed
  • Pages : null
  • ISBN 10 : 043349672X

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LAW OF ADR IN CANADA Excerpt :

Cross border Internet Dispute Resolution Book

Cross border Internet Dispute Resolution


  • Author : Julia Hörnle
  • Publisher : Cambridge University Press
  • Release Date : 2009-02-12
  • Genre: Law
  • Pages : 286
  • ISBN 10 : 9780521896207

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Cross border Internet Dispute Resolution Excerpt :

This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.

Online Dispute Resolution Book

Online Dispute Resolution


  • Author : Net Neutrals EU
  • Publisher : AuthorHouse
  • Release Date : 2015-11-30
  • Genre: Business & Economics
  • Pages : 116
  • ISBN 10 : 9781504963541

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Online Dispute Resolution Excerpt :

Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott Broetzmann, David Beinhacker, and Richard Grainer Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective Jo DeMars Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System Pablo Cortes Consumer Trust and Business Benefits with ODR Immaculada Barral-Viñals Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design Riika Koulu The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool - Benefits and Challenges Amy Koltz Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View Katherine G. Newcomer One Man's View of One Country - ADR & ODR and the future of complaint management in the UK Adrian Lawes

The New Regulatory Framework for Consumer Dispute Resolution Book

The New Regulatory Framework for Consumer Dispute Resolution


  • Author : Pablo Cortés
  • Publisher : Oxford University Press
  • Release Date : 2016-11-24
  • Genre: Law
  • Pages : 512
  • ISBN 10 : 9780191079078

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The New Regulatory Framework for Consumer Dispute Resolution Excerpt :

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.

Law  Technology and Dispute Resolution Book

Law Technology and Dispute Resolution


  • Author : Riikka Koulu
  • Publisher : Routledge
  • Release Date : 2018-09-24
  • Genre: Business & Economics
  • Pages : 220
  • ISBN 10 : 9781351370394

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Law Technology and Dispute Resolution Excerpt :

The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.