| Description |
1 online resource : text file, PDF |
| Series |
Contemporary Commercial Law |
| Contents |
Cover; Half Title; Title; Copyright; Dedication; CONTENTS; Abstract; Table of cases; Table of legislation; Part I Background; CHAPTER 1 THE CHALLENGES OF THE USE OF ONLINE ARBITRATION IN COMMERCIAL TRANSACTIONS; 1.1 The concepts of Online Dispute Resolution (ODR); 1.1.1 Traditional means of dispute resolution; 1.1.2 The popularity of alternative dispute resolution; 1.1.3 The advent of Online Dispute Resolution; 1.2 Obstacles to the use of online arbitration; 1.2.1 Suitability of the types of cases; 1.2.2 Technological advancement and constraints; 1.2.3 Legislative measures |
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1.2.3.1 International regulatory development1.2.3.2 The EU framework; 1.2.3.3 The US trend; 1.2.3.4 The Chinese approach; CHAPTER 2 THE DEVELOPMENT OF BEST PRACTICE FOR ONLINE ARBITRATION; 2.1 Developing online arbitration best practice; 2.1.1 eBay and SquareTrade (past experience); 2.1.2 AAA and Cybersettle; 2.1.3 WIPO and ICANN-UDRP; 2.1.4 CIETAC and HKIAC; 2.1.5 Other established ODR services; 2.1.6 The most recent development of ODR services; 2.1.7 The growth of ODR best practices; 2.1.8 Core principles; 2.1.8.1 Efficiency; 2.1.8.2 Accountability (transparency) v confidentiality |
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2.1.8.3 Accessibility2.1.8.4 Credibility and accreditation; 2.1.8.5 Security; 2.1.8.6 Enforceability; 2.2 Purposes and structure of this book; Part II Procedural rules for online arbitration; CHAPTER 3 ONLINE ARBITRATION PROCEDURES; 3.1 The further development of general ODR regulations; 3.2 Choice of service providers; 3.3 Choice of procedure rules; 3.4 Selection of online arbitrators; 3.5 Expert witnesses and electronic evidence; 3.6 Format of arbitration agreements; 3.7 Process of hearing/commencement of arbitration proceedings; 3.8 Format and issuance of online arbitral awards |
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CHAPTER 4 SYSTEMATIC LEGAL AND TECHNOLOGICAL DEVELOPMENT FOR ONLINE ARBITRATION PROCEDURES4.1 The expansion of general ODR systems; 4.2 Expertise, authority, reputation and strategic alliance; 4.3 Appointment of online arbitrators; 4.4 The admission of electronic evidence; 4.5 The attendance/testimony of witnesses online in arbitral proceedings; 4.6 Security, integrity and accessibility of online arbitration platforms; 4.7 Selection of the seat of online arbitration; 4.8 Users' awareness and protection in online arbitration; Summary; Part III Substantive legal issues of online arbitration |
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CHAPTER 5 THE VALIDITY OF AND LAW APPLICABLE TO ONLINE ARBITRATION AGREEMENTS5.1 Validity of online arbitration agreements; 5.1.1 The recognition of forming arbitration agreements via electronic communications; 5.1.2 The incorporation of an arbitration clause or agreement via electronic means; 5.2 Online consumer arbitration agreements; 5.2.1 Private online consumer arbitration agreements; 5.2.2 Public/statutory small claims arbitration; 5.3 Online commercial arbitration agreements; CHAPTER 6 THE ENFORCEMENT OF ONLINE ARBITRAL AWARDS; 6.1 Legal framework for online arbitral awards |
| Summary |
"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 and consumer 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 online arbitration 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."--Provided by publisher |
| Subject |
Dispute resolution (Law)
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Online dispute resolution.
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LAW -- Computer & Internet.
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Dispute resolution (Law)
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Online dispute resolution
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| Form |
Electronic book
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| ISBN |
9781315625980 |
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1315625989 |
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