eBook

Online Dispute Resolution for Consumers in the European Union

Cortés, Pablo

2011,2010

Overview

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.

• Publisher: Routledge,Taylor and Francis,Taylor & Francis,Taylor & Francis Group
• Subject: arbitration / Arbitration and award / Arbitration and award -- European Union countries -- Data processing / Arbitration Clauses / Business & Financial / Business and Management / claims / Commercial Law / Company, commercial and competition law: general / Computer & Internet / Consumer Arbitration / Consumer Disputes / cross-border / Cross-border Disputes / Data processing / Dispute Resolution / Dispute resolution (Law) / Dispute resolution (Law) -- European Union countries -- Data processing / Dispute Resolution Providers / disputes / e-Business / E-commerce: business aspects / Economics, Finance, Business and Management / Electronic commerce / Electronic commerce -- Law and legislation -- European Union countries -- Data processing / European (EC) Law / European Small Claims Procedure / European Union countries / Federal Arbitration Act / Forum Selection Clause / Industry and industrial studies / Information Technology Industries / Information Technology Law / IT and Communications law / Postal laws and regulations / Jurisprudence and general issues / KJMV5 Production and quality control management / KJMV6 Research and development management / Law / Law and legislation / Law and society, sociology of law / Laws of specific jurisdictions and specific areas of law / Legal systems: civil procedure, litigation and dispute resolution / Legal systems: general / Management and management techniques / Management of specific areas / Management of Technology / Mandatory Mediation / Media, entertainment, information and communication industries / mediation / Mediation Clauses / Money Claim Online / ODR Process / ODR Service / Online Arbitration / Online Mediation / procedure / procedures / provider / resolving / Resolving Consumer Disputes / SCP / Seller’s Country / small / Third parties (Law) / Trade Mark Owners / UDRP
• ISBN: 041581328X, 9780415562072, 0415562074, 9780415813280, 9780203847756, 1136943455, 9781136943454, 1136943498, 9781136943508, 9781136943492, 020384775X, 1136943501