Format:
1 online resource (283 pages)
Edition:
1st ed.
ISBN:
9780203847756
Series Statement:
Routledge Research in Information Technology and e-Commerce Law Ser
Content:
A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.
Content:
Cover -- Title -- Copyright -- Dedication -- Contents -- Table of cases -- List of ODR providers -- Acknowledgements -- Foreword -- Introduction -- Background -- Electronic commerce in the European Union -- The need for online dispute resolution (ODR) -- Setting the tone -- Summary of contents -- Methodology -- Location and contribution of the book in the existing academic debate -- Notes -- 1 Consumer protection and access to justice in the era of electronic commerce: A European perspective -- 1.1 Introduction -- 1.2 Consumer protection policy in the online market -- 1.2.1 The legal definition of consumer -- 1.2.2 Consumer protection -- 1.2.3 Consumer protection in the field of e-commerce -- 1.3 Consumer access to justice: Small claims procedures -- 1.3.1 Introduction -- 1.3.2 Small claims procedure in Ireland -- 1.3.3 Small claims in England and Wales -- 1.3.4 Small claims court in Spain -- 1.3.5 Assessment -- 1.4 Conflict of laws -- 1.4.1 Introduction -- 1.4.2 Choice of law -- 1.4.3 Forum selection -- 1.4.4 Assessment -- 1.5 Enforcement -- 1.5.1 Introduction -- 1.5.2 Judicial enforcement in the EU -- 1.5.3 Administrative enforcement -- 1.5.4 Assessment -- 1.6 Conclusion -- Notes -- 2 Online dispute resolution: An emerging option for consumer redress -- 2.1 Introduction -- 2.2 Definition and growth of ODR -- 2.2.1 Defining ODR -- 2.2.2 A brief history of ODR -- 2.2.3 Advantages and difficulties in using ODR -- 2.2.4 Dispute avoidance -- 2.2.5 Dispute resolution -- 2.2.6 European initiatives promoting the use of consumer ODR -- 2.3 ODR challenges -- 2.3.1 Challenges to ODR -- 2.3.2 Funding -- 2.3.3 Directing disputants to ODR services -- 2.3.4 Fairness and due process -- 2.3.5 Enforcement -- 2.3.6 The role of technology -- 2.4 Conclusion -- Notes -- 3 Consumer adjudicative processes supported by technology: Court processes and arbitration.
Note:
Description based on publisher supplied metadata and other sources
Additional Edition:
ISBN 9780415562072
Additional Edition:
Erscheint auch als Druck-Ausgabe ISBN 9780415562072
Language:
English
