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Online Resolution of E-commerce Disputes - Perspectives from the European Union, the UK, and China (Hardcover, 1st ed. 2020)
Loot Price: R3,564
Discovery Miles 35 640
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Online Resolution of E-commerce Disputes - Perspectives from the European Union, the UK, and China (Hardcover, 1st ed. 2020)
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This 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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