Cross-border Internet Dispute Resolution
The internet has the potential to increase the number of cross-border disputes between a wide range of different users. For many internet disputes, the use of Online Dispute Resolution (ODR) becomes critical. ODR uses information technology (such as expert systems) and internet communication applications (such as webforms or web filing platforms) to resolve disputes outside the courts. Although ODR is a progeny of ADR, using some of the same processes such as mediation and arbitration, ODR is also different in that it adds new and transformative technology and processes. This book sets out the process standards with which ODR, and in particular online arbitration, should comply and shows how these standards can be implemented in the real world. It considers applicable law and enforcement, thus providing a blueprint of how online arbitration processes should be devised.
- Synthesises recent thinking on due process in arbitration, taking into consideration the problem of dispute resolution on the internet and internet regulation to produce ideas of how traditional arbitration needs to be adapted
- Tables and diagrams explain procedural fairness and make clear the book's philosophical underpinnings
- Includes recommendations for operators of websites, internet platforms, payment providers, online service providers, dispute resolution institutions and governments
Reviews & endorsements
'… a significant work of scholarship.' Computer Law and Security Review
'The book has a number of strengths, one of which is certainly its innovative content and the clarity in the exposition of a complicated subject matter. Hörnle has written a thorough and sophisticated work in an area where pre-existing literature is very scarce …' Modern Law Review
'… clear focus on online arbitration … it does leave open a significant area for future research and writing. … This book will be part of the debate that must take place on ODR.' Colm Brannigan
Product details
March 2009Hardback
9780521896207
320 pages
234 × 151 × 18 mm
0.63kg
Available
Table of Contents
- 1. Introduction
- 2. The concepts of fairness
- 3. Internet disputes
- 4. ADR and applicable law
- 5. ODR and access
- 6. Arbitration and due process
- 7. Internet disputes and fair arbitration
- 8. A model of dispute resolution for the internet.