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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.
Online dispute resolution. --- Consumer protection --- ODR (Online dispute resolution) --- Online dispute resolution --- Dispute resolution (Law) --- Consumer law --- Trade regulation --- Law and legislation. --- Law and legislation
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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.
Justice, Administration of --- Courts --- Technology and law. --- Online dispute resolution. --- Technological innovations. --- ODR (Online dispute resolution) --- Online dispute resolution --- Dispute resolution (Law) --- Law and technology --- Law --- Law and legislation --- Judiciary --- Judicial districts --- Procedure (Law) --- Judicial power --- Jurisdiction --- Administration of justice
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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.
Online dispute resolution. --- Dispute resolution (Law). --- Dispute resolution (Law) --- History. --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- ODR (Online dispute resolution) --- Online dispute resolution --- Law and legislation
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Dispute resolution (Law) --- Mediation --- Online dispute resolution --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Neighborhood justice centers --- Third parties (Law) --- ODR (Online dispute resolution) --- Good offices (Mediation) --- Conflict management --- Automation --- Law and legislation
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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.
Arbitration and award --- Dispute resolution (Law) --- Online dispute resolution. --- ODR (Online dispute resolution) --- Online dispute resolution --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Arbitral awards --- Awards and arbitration --- Commercial arbitration --- Civil procedure --- Commercial law --- Compromise (Law) --- Automation. --- Law and legislation
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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.
Conflict of laws --- Online dispute resolution --- Electronic commerce --- ODR (Online dispute resolution) --- Dispute resolution (Law) --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law and legislation --- Civil law --- Conflict of laws - Electronic commerce - China --- Conflict of laws - Electronic commerce - European Union countries --- Conflict of laws - Electronic commerce - United States --- Online dispute resolution - China --- Online dispute resolution - United States --- Online dispute resolution - European Union countries --- Etats-Unis --- Chine --- General and Others --- Commerce électronique (Droit international privé) --- Règlement de conflits en ligne --- Comparative law --- Droit comparé
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