Cross-border Internet Dispute Resolution

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Include historic titles Search products. Register Sign in. Register Sign in Wishlist. Unlocking potential with the best learning and research solutions. Home Academic Law Arbitration, dispute resolution and mediation Arbitration, dispute resolution and mediation. Results Refine results Refine results Clear all. Format Paperback 38 Hardback 59 eBook Rating 5 stars. Show me Unavailable titles 8 Textbooks 5 Reference 8 Titles with examination copies 7 New and forthcoming 3. Found 73 Results Page 4 of 4 1 2 3 4 Previous Next.

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Legal skills and practice Medico-legal, bioethics and health law Private international law Property law Private law Public international law Socio-legal studies Taxation law Tort law UN and international organisations US law. It appears that in the last year these services have been taken over by eBay and PayPal dispute resolution services, but results on these services are still scarce.

Cross-Border Internet Disputes Resolution - Information Technology Law - Law

SquareTrade did not handle disputes between users and eBay, only between sellers and buyers on eBay. SquareTrade offered two levels of dispute resolution: assisted negotiation and mediation. SquareTrade was only used after eBay's own consumer satisfaction process. In the last few years, SquareTrade has resolved millions of disputes across countries in 5 different languages.

The advantage of dealing with large number of disputes is that the same issues arise many times, thus it is possible to divide the disputes into different sections. The SquareTrade process started when a buyer or a seller filed a complaint. To do so, the claimant was asked to fill out a web-based standard claim form that identified the type of dispute and presented a list of common solutions, from which the claimant selected the ones that he agreed to. The other party was contacted by email where he was informed about the SquareTrade process, and asked whether he wished to participate.

The parties were often keen on participating because this was the only manner by which the buyer could get redress and the seller positive feedback. The other party filed the response, selecting the resolutions. If both parties agreed on the same resolution, the dispute was resolved. When an agreement could not be reached, parties were put into a negotiation environment. A web interface was used to shape communications into a constructive and polite negotiation.

This was achieved with software tools that limited the free text space, encouraged the proposition of agreements, set deadlines and even shaped the tone of exchanges. This software was the key element of the process because it took over some of the expertise of the third party.

Cross-border internet dispute resolution

This process could be defined as 'mediated negotiation'. According to Rabinovich-Einy, SquareTrade technology,. Most disputes over 80 percent were resolved during the first two stages, which was an impressive success rate given that in the majority of cases, the parties had already been involved in some type of failed direct negotiation before engaging with SquareTrade.

This second stage involved the payment of a According to SquareTrade, "[a] sophisticated case management technology enables mediators to handle lower to medium-value consumer disputes in an efficient cost effective manner. Agreements were always kept confidential by SquareTrade, and became binding as contracts. SquareTrade has proven that processes such as online negotiation and online mediation can be efficient tools to resolve e-commerce disputes.

One of the key issues for the success of SquareTrade was the simplicity and convenience of this service. In addition, SquareTrade services to eBay were concentrated on a reduced number of issues, such as delays, bad descriptions and negative feedback. This made possible the development of an efficient automatic process that enhanced online negotiation. The success of consensual and automated processes depends on the nature of the dispute, the accuracy of information provided, and the capability of the software or the third neutral party in assessing and evaluating the facts and evidence.

SquareTrade was particularly effective because it introduced incentives that encourage parties' participation; i. In general terms, widening the scope of clients' claims to the global market invites extra variables to play: cultural differences, such as high and low culture perceptions and the cross-cultural variations of what constitutes the customer satisfaction experience. Another form of alternative dispute resolution prioritizes expedience and dispenses with adjudication all together, in recognition of the litigants' desire to simply dispose of the matter as quickly as possible.

By removing any hint of adjudication, services e. Unlike other services, once accepted by both parties, the settlement amount is applied to the issuance of a Certificate of Final Resolution which both parties accept as irrevocable proof of resolution and final settlement. By avoiding adjudication, expedient non-adjudicative online resolution saves litigants time in court, time away from work and other fees and expenses, while protecting each from ancillary damage: The winning party generally collects more of his disputed amount and the losing party suffers no credit damage from having a judgment entered against him.

Expedient Non-Adjudicative Online Resolution is generally utilized in cases that might otherwise be heard in small claims or limited civil matters. As an alternative to private, professional settlement, the concept of crowdjustice has recently taken shape as a means to leverage social norms and the wisdom of crowds [28] to determine the outcome of a dispute. Arbitration is a process where a neutral third party arbitrator delivers a decision which is final, and binding on both parties.

It can be defined as a quasi-judicial procedure because the award replaces a judicial decision.

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Arbitrators can be current or former trial judges, but that is not a requirement. However, in an arbitration procedure parties usually can choose the arbitrator and the basis on which the arbitrator makes the decision. Furthermore, it is less formal than litigation, though more than any other consensual process.

It is often used to resolve businesses' disputes because this procedure is noted for being private and faster than litigation. Once the procedure is initiated parties cannot abandon it, unless they both agree to discontinuing it e.

Another feature of arbitration is that the award is enforceable almost everywhere due to the wide adoption of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The majority of legal studies on online arbitration agree that, neither law, nor arbitral principles, prevent arbitration from taking place online. Although online arbitration seems admissible under the New York Convention and the E-Commerce Directive, this is arguably an assumption by most commentators, rather than a legal statement.

Currently, most arbitration providers allow parties to carry out online only part of the arbitration process, e. Cross examination of remote witnesses regulated by the arbitrator can ensure the fairness and maintain a judicial quality for the online arbitration process. The main challenge for online arbitration is that if judicial enforcement is required then it partly defeats the purpose of having an online process.

Alternatively, some processes have developed self-enforcement mechanisms such as technical enforcements, black lists and trustmarks.

Traditionally arbitration resolves disputes by delivering a decision that will be legally binding, i. Non binding arbitration processes may also be effective when using ODR tools because they often encourage settlements by imparting a dose of reality and objectivity. Some commentators have referred to the UDRP as an administrative process.

The Use of Med Arb in the Resolution of Cross Border Disputes

In any case, the UDRP has developed a transparent global ODR process that allows trade mark owners to fight efficiently cybersquatting. The UDRP is used to resolve disputes between trade mark owners and those who have registered a domain name in bad faith for the purpose of reselling it for a profit, or taking advantage of the reputation of a trademark.

However, the UDRP presents its own problems that show the challenges that an online adversarial system applied to mainstream e-commerce disputes would have. The main worry is that the evaluation of the panel decisions often shows a lack of unanimous consensus in the interpretation of the UDRP. The UDRP providers have dealt efficiently with over 30, domain name disputes. Their success derives from two aspects: First, the UDRP deals only with blatant disputes, which are abusive registrations made in bad faith in order to take advantage of the reputation of existing trademarks.

Secondly, it has incorporated a self-enforcement mechanism, which transfers and cancels domain names without the need for judicial involvement. This is a positive accomplishment for the development of e-commerce because it favours consumers' confidence in the Internet by reducing the number of fraudulent registered domain names.

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One of the main focuses of e-commerce up until recently has been related to secure payments. Chargebacks is a remedy used to reverse transactions made with credit or debit cards when a fraudulent use has occurred, or when there is a violation of the contract terms. This method is very popular among online consumers since this is the main mechanism to transfer money online. In addition, consumers are not required to give evidence to cancel a payment. The vendor has the burden of proving that the merchandise or service was given according to the contract terms.

Once this is proved the bank makes effective the payment to the vendor. Chargebacks are largely used around the world by banks and the main credit card suppliers i. Visa, MasterCard and American Express. Yet, the coverage of debit and credit cards varies considerably amongst different countries. It is then not surprising why credit cards are the major source of payments for consumers in e-commerce.

They provide a remedy that reverses all transactions when a fraudulent use has occurred, or when there is a violation of the contract terms. However this method has limitations; it offers one single remedy the return of the payment , and not all disputes imply a breach of contract or fraud. Similarly, online payment providers, like PayPal. Despite this, PayPal is in a very strong position since in most cases it is able to freeze the amount of money and resolve the dispute providing an instant and effective enforcement.

Overall, chargebacks intends to balance the inequality of power between consumers and businesses.

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It is regarded as a very efficient tool for consumers because the speed, accessibility and lack of charge for their clients, who would just have to notify their banks or card issuers to cancel a transaction. Thus, Edwards and Wilson suggested that it would be advisable to focus on developing chargebacks and other soft ODR methods because they are very effective amongst mainstream consumers.

Small claims procedures provide a middle ground between formal litigation and ADR, where disputes involving small value claims can be resolved in courts faster, cheaply, and less formally. The main limitation of small claims procedures is that they are restricted to particular jurisdictions. Its main advantage is that it provides for the enforcement of decisions in any of the member states without the present need to go through the formal mutual recognition of judgements exequatur. This will be a significant challenge, because unlike the UDRP, which is becoming a fully online process for dealing with specific complaints, [44] the ESCP will deal with a variety of civil and commercial disputes.

The objective of the ESCP is the creation of a cost efficient procedure applicable to small value claims in cross-border disputes. This objective could only be achieved by using a written procedure, assisted by electronic forms such as emails and videoconferencing as foreseen by the ESCP. The Regulation allows the use of new technologies in transferring information and evidence between the courts of the different member states.

But, it will be the EC Member States who will decide, through their own regulations, which specific means of communication are acceptable in their courts. Given that the ESCP is a regulation and not a directive, it is arguable whether it has left too many aspects to the discretion of member states, which could call into question the legal certainty expected from a European regulation. Many disputes will be resolved by judges communicating with parties through the Internet. Perhaps, within the EU, where we have concern for the fairness of private procedures i. Online dispute resolution ODR in India is in its infancy stage and it is gaining prominence day by day.

With the enactment of Information Technology Act, in India, e-commerce and e-governance have been given a formal and legal recognition in India. The amendment made in the Code of Civil Procedure, by introducing section 89 was made to provide methods of alternative dispute resolution ADR in India.