By Julia Hörnle
The net has the capability to extend the variety of cross-border disputes among quite a lot of various clients. for lots of net disputes, using on-line Dispute answer (ODR) turns into serious. ODR makes use of info expertise (such as specialist platforms) and net communique purposes (such as webforms or internet submitting structures) to solve disputes open air the courts. even if ODR is a progeny of ADR, utilizing many of the related procedures equivalent to mediation and arbitration, ODR is usually various in that it provides new and transformative know-how and strategies. This e-book units out the method criteria with which ODR, and particularly on-line arbitration, should still comply and indicates how those criteria may be applied within the genuine global. It considers appropriate legislation and enforcement, therefore delivering a blueprint of ways on-line arbitration tactics could be devised.
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Extra info for Cross-border Internet Dispute Resolution
France, A Series No. 296-A (1994) 18 EHRR 440. 5 (power in dispute resolution). 2 (party autonomy). 2. M. Cappelletti, ‘Alternative Dispute Resolution Processes within the Framework of the World-Wide-Access-to-Justice Movement’ (1993) 56 The Modern Law Review 282–96, 283; G. Petrochilos, Procedural Law in International Arbitration (Oxford University Press, 2004), 128–9; L. Nader, ‘Alternatives to the American Judicial System’, in L. Nader, No Access to Law (New York, NY: Academic Press, 1980), 3–53, 29 and L.
52 This conflict is also the underlying cause for the difficulty of balancing funding and fairness of dispute resolution procedures. If the procedure is expensive, access is restricted (in particular for a party with few resources, such as a consumer) or the cost might be disproportionate to the value of the claim. If the procedure is initiated, set-up, designed, financed and subscribed to by one stakeholder only (such as a business association in B2C disputes), it is likely that the procedure may not be neutral, and will be contrary to due process requirements.
Riddall, Jurisprudence, 197. 2 A rational approach to dispute resolution The second element of procedural fairness in dispute resolution is taking a rational approach to solving a dispute. 9 Applying the law in a rational manner also means that like cases should be treated in a like manner. 11 This is encapsulated by the principle of the rule of law. H. L. 12 Fact-finding processes should be in accordance with logic and be accurate, for a decision based on wrong facts is by definition unfair. 3 Effectiveness A third element of procedural fairness in dispute resolution is the effectiveness of the procedure.