Cross-border Internet Dispute Resolution

This book examines how existing arbitration procedures can be adapted to cope with disputes stemming from internet transactions.

Julia Hörnle (Author)

9780521896207, Cambridge University Press

Hardback, published 12 February 2009

320 pages
23.4 x 15.1 x 1.8 cm, 0.63 kg

'… clear focus on online arbitration … it does leave open a significant area for future research and writing. … This book will be part of the debate that must take place on ODR.' Colm Brannigan

The internet has the potential to increase the number of cross-border disputes between a wide range of different users. For many internet disputes, the use of Online Dispute Resolution (ODR) becomes critical. ODR uses information technology (such as expert systems) and internet communication applications (such as webforms or web filing platforms) to resolve disputes outside the courts. Although ODR is a progeny of ADR, using some of the same processes such as mediation and arbitration, ODR is also different in that it adds new and transformative technology and processes. This book sets out the process standards with which ODR, and in particular online arbitration, should comply and shows how these standards can be implemented in the real world. It considers applicable law and enforcement, thus providing a blueprint of how online arbitration processes should be devised.

1. Introduction
2. The concepts of fairness
3. Internet disputes
4. ADR and applicable law
5. ODR and access
6. Arbitration and due process
7. Internet disputes and fair arbitration
8. A model of dispute resolution for the internet.

Subject Areas: IT & Communications law [LNQ], Arbitration, mediation & alternative dispute resolution [LNAC5]