Online Dispute Resolution: Technology, Management and Legal Practice from an International Perspective (Chandos Series on Publishing)

This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market. Based on exclusive research and up-to-date best practices within the online dispute resolution field Simple and clear with an in-depth analysis and of a wide range of topics such as technology, management and law Provides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL Content: Front matter , Pages i-iii Copyright , Page iv List of figures and tables , Page vii List of abbreviations and acronyms , Pages ix-x Preface , Page xi About the authors , Page xiii 1 - Background: development of electronic commerce and dispute resolution , Pages 1-21 2 - The context of ODR , Pages 23-40 3 - The current legal environment of ODR , Pages 41-60 4 - Analysis: learning from successful experiences , Pages 61-71 5 - The future of ODR , Pages 73-87 6 - Conclusions and recommendations , Pages 89-93 Appendix A: Electronic commercial transactions legislation , Page 95 Appendix B: Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters , Pages 97-108 Appendix C: The UNCITRAL Model Law on International Commercial Arbitration 1985 , Pages 109-133 Bibliography , Pages 135-147 Index , Pages 149-152 The most-up-to-date technology and regulation of Online Dispute Resolution (ODR) are examined in this essential reference for lawyers, practitioners, legislators and students. It introduces the different forms of Online Dispute Resolution and enables the reader to understand and cope with the challenges of e-commerce.