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The development of new technologies places new challenges to the
interpretation and implementation of legislation in the information
society. The recent deployment of service-oriented computing and
cloud computing for online commercial activities has urged
countries to amend existing legislation and launch new regulations.
With the exponential growth of international electronic commercial
transactions, a consistent global standard of regulating the legal
effects of electronic communications, the protection of data
privacy security and the effectiveness of Internet-related dispute
resolution are motivating factors to build users' trust and
confidence in conducting cross-border business and their sharing
information online. The second edition of this book continues
taking a 'solutions to obstacles' approach and analyses the main
legal obstacles to the establishment of trust and confidence in
undertaking business online. In comparing the legislative
frameworks of e-commerce in the EU, US, China and International
Organisations, the book sets out solutions to modernise and
harmonise laws at the national, regional and international levels
in response to current technological developments. It specifically
provides information on the key legal challenges caused by the
increasing popularity of service-oriented computing and cloud
computing as well as the growing number of cross-border
transactions and its relation to data privacy protection, Internet
jurisdiction, choice of law and online dispute resolution. It
considers how greater legal certainty can be achieved in cloud
computing service contracts and other agreements resulted in
service-oriented computing. The second edition of Law of Electronic
Commercial Transactions is a clear and up to date account of a
fast-moving area of study. It will be of great value to
legislators, politicians, practitioners, scholars, businesses,
individuals, postgraduate and undergraduate students. It provides
in-depth research into finding solutions to remove eight generic
legal obstacles in electronic commercial transactions and offers
insights into policy making, law reforms, regulatory developments
and self-protection awareness.
The development of new technologies places new challenges to the
interpretation and implementation of legislation in the information
society. The recent deployment of service-oriented computing and
cloud computing for online commercial activities has urged
countries to amend existing legislation and launch new regulations.
With the exponential growth of international electronic commercial
transactions, a consistent global standard of regulating the legal
effects of electronic communications, the protection of data
privacy security and the effectiveness of Internet-related dispute
resolution are motivating factors to build users' trust and
confidence in conducting cross-border business and their sharing
information online. The second edition of this book continues
taking a 'solutions to obstacles' approach and analyses the main
legal obstacles to the establishment of trust and confidence in
undertaking business online. In comparing the legislative
frameworks of e-commerce in the EU, US, China and International
Organisations, the book sets out solutions to modernise and
harmonise laws at the national, regional and international levels
in response to current technological developments. It specifically
provides information on the key legal challenges caused by the
increasing popularity of service-oriented computing and cloud
computing as well as the growing number of cross-border
transactions and its relation to data privacy protection, Internet
jurisdiction, choice of law and online dispute resolution. It
considers how greater legal certainty can be achieved in cloud
computing service contracts and other agreements resulted in
service-oriented computing. The second edition of Law of Electronic
Commercial Transactions is a clear and up to date account of a
fast-moving area of study. It will be of great value to
legislators, politicians, practitioners, scholars, businesses,
individuals, postgraduate and undergraduate students. It provides
in-depth research into finding solutions to remove eight generic
legal obstacles in electronic commercial transactions and offers
insights into policy making, law reforms, regulatory developments
and self-protection awareness.
Innovative initiatives for online arbitration are needed to aid in
resolving cross-border commercial and consumer disputes in the EU,
UK, US and China. This book provides a comparative study of online
dispute resolution (ODR) systems and a model of best practices,
taking into consideration the features and characteristics of
various practical experiences/examples of ODR services and
technological development for ODR systems and platforms. The book
begins with a theoretical approach, looking into the challenges in
the use of online arbitration in commercial transactions and
analysing the potential adoption of technology-assisted arbitration
(e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in
resolving certain types of international commercial and consumer
disputes. It then investigates the legal obstacles to adopting ODR
by examining the compatibility of technology with current
legislation and regulatory development. Finally, it suggests
appropriate legal and technological measures to promote the
recognition of ODR, in particular online arbitration, for
cross-border commercial and consumer disputes. By exploring both
the theoretical framework and the practical considerations of
online arbitration, this book will be a vital reference for
lawyers, policy-makers, government officials, industry
professionals and academics who are involved with online
arbitration.
Innovative initiatives for online arbitration are needed to aid in
resolving cross-border commercial and consumer disputes in the EU,
UK, US and China. This book provides a comparative study of online
dispute resolution (ODR) systems and a model of best practices,
taking into consideration the features and characteristics of
various practical experiences/examples of ODR services and
technological development for ODR systems and platforms. The book
begins with a theoretical approach, looking into the challenges in
the use of online arbitration in commercial transactions and
analysing the potential adoption of technology-assisted arbitration
(e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in
resolving certain types of international commercial and consumer
disputes. It then investigates the legal obstacles to adopting ODR
by examining the compatibility of technology with current
legislation and regulatory development. Finally, it suggests
appropriate legal and technological measures to promote the
recognition of ODR, in particular online arbitration, for
cross-border commercial and consumer disputes. By exploring both
the theoretical framework and the practical considerations of
online arbitration, this book will be a vital reference for
lawyers, policy-makers, government officials, industry
professionals and academics who are involved with online
arbitration.
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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