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Getting to :-) : the potential of online text-based communication to support interest-based dispute resolution
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ISBN: 9789046604373 Year: 2011 Publisher: Antwerpen Apeldoorn Portland Maklu

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The law of consumer redress in an evolving digital market
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ISBN: 110854696X 1139940902 1108548067 1107079004 1107437296 9781139940900 9781108548069 9781107079007 9781107437296 Year: 2018 Publisher: Cambridge

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This book advances the emerging of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.


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Designing online courts : the future of justice is open to all
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ISBN: 9403517123 9403517204 9403517042 Year: 2019 Publisher: Alphen aan den Rijn, The Netherlands : Kluwer Law International B. V.,

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Designing Online Courts' provides a template for how online courts should be designed with a focus on end-users of the justice system. The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. New online courts are radically different from traditional courts and this will continue. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-designing of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. It recognizes the need to adapt dispute resolution to a new environment in which constraints of space and time are lifted as cross-border transactions and instant communication become commonplace.


Book
Streitbeilegung im Internet - Zukunft oder Irrweg?
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ISBN: 1000044590 373150300X Year: 2014 Publisher: Karlsruher, Germany : KIT Scientific Publishing,

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Alternative dispute resolution has become a focal point in politics and business. On the European level laws to support it were passed in 2013. This thesis describes the extensive background behind these developments, discusses the various methods used in theory and practice, and explores possible ways the procedure could be carried out online. At the same time, it also shows what sort of changes are necessary to smooth the path for future dispute resolution on the Internet. Alternative Streitbeilegung ist in den Fokus von Politik und Wirtschaft gerückt, auf europäischer Ebene wurden im Jahr 2013 Rechtsakte zu deren Förderung beschlossen. Die Arbeit gibt ein umfassendes Hintergrundbild zu diesen Entwicklungen, erörtert die verschiedenen Methoden in Theorie und Praxis und widmet sich den Möglichkeiten der Online-Durchführung der genannten Verfahren. Es wird gezeigt, welche Änderungen notwendig sind, um der Streitbeilegung im Internet den Weg in die Zukunft zu ebnen.


Book
Online dispute resolution : theory and practice : a treatise on technology and dispute resolution.
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ISBN: 9789490947255 Year: 2012 Publisher: The Hague Eleven international publishing


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Arbitration in the digital age : the brave new world of arbitration
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ISBN: 1108287174 1108283675 1108285015 1108417906 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.


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Digital family justice : from alternative dispute resolution to online dispute resolution?
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ISBN: 1509928553 1509928545 1509928537 1509928529 9781509928521 Year: 2019 Publisher: Oxford ; New York : London : Hart, Bloomsbury Publishing,

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"The editors' earlier book Delivering Family Justice in the 21st Century (2016) described a period of turbulence in family justice arising from financial austerity. Governments across the world have sought to reduce public spending on private quarrels by promoting mediation (ADR) and by beginning to look at digital justice (ODR) as alternatives to courts and lawyers. But this book describes how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead ODR has developed rapidly, led by the Dutch Rechtwijzer. The authors question the speed of this development, and stress the need for careful evaluation of how far these services can meet the needs of divorcing families. In this book experts from Canada, Australia, Turkey, Spain, Germany, France, Poland, Scotland and England and Wales explore how ADR has fallen behind. But also how we have learned from the rise and fall of ODR in the Rechtwijzer about what digital justice can and cannot achieve. Managing procedure and process? Yes. Dispute resolution? Not yet. The authors end by raising broader questions about the role of a family justice system: is it dispute resolution? or dispute prevention, management, and above all legal protection of the vulnerable?"--


Book
Internet jurisdiction and choice of law
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ISBN: 9780521199339 0521199336 9780511776434 0511776438 9780511762826 0511850271 1107205611 1282723405 9786612723407 0511775679 0511773854 0511762828 0511772785 0511774915 9781282723405 9780511850271 9781107205611 6612723408 9780511775673 9780511773853 9780511772788 9780511774911 Year: 2010 Publisher: Cambridge, UK New York Cambridge University Press

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The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.

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