By Julia Hörnle
The net has the aptitude to extend the variety of cross-border disputes among quite a lot of assorted clients. for plenty of web disputes, using on-line Dispute solution (ODR) turns into severe. ODR makes use of info expertise (such as specialist platforms) and web communique functions (such as webforms or net submitting structures) to unravel disputes outdoors the courts. even though ODR is a progeny of ADR, utilizing many of the comparable techniques resembling mediation and arbitration, ODR is additionally various in that it provides new and transformative expertise and procedures. This e-book units out the method criteria with which ODR, and specifically on-line arbitration, may still comply and indicates how those criteria could be applied within the actual global. It considers acceptable legislation and enforcement, therefore offering a blueprint of ways on-line arbitration techniques will be devised.
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Extra info for Cross-border Internet Dispute Resolution
They are thus likely to reduce the effectiveness of dispute resolution. 51 Increased costs and delay put the stronger party at an advantage and the weaker party at a disadvantage. Therefore, a high degree of due process in legal procedure necessitates even greater efforts at providing access and a counterpoise to existing inequalities. If such efforts are not made, a higher degree of due process may well be counter-productive for fairness. Since there is a limit to the extent to which it is possible to use resources to increase access and to counter-balance existing inequalities, there is, logically, also a limit to due process.
The Internet can thus be described as a powerful communications medium that allows data exchanges in various media formats between a wide range of different users situated in distant locations. As such, the Internet has the potential to lead to a multitude of international cross-border disputes. The reader may imagine, for example, a defendant in state A collecting and using personal information uploaded on a social networking site by an individual in state B for advertising or harassment of the claimant, giving rise to a privacy infringement claim.
G. g. in adjudication, such as arbitration or before an ombudsman), for the latter to the extent that the application of law 26 28 27 Ibid. 75. Galligan, Due Process and Fair Procedures, 62. Rawls, A Theory of Justice, 176. 12 cross-border internet dispute resolution involves a power of discretion, for example in the interpretation of the law. The fact-finding part of the processes should be governed by rules of imperfect procedural justice to ensure that there is a great likelihood that the facts are found out correctly.
Cross-border Internet Dispute Resolution by Julia Hörnle