Internet dispute resolution.
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This thesis develops a model for the fair resolution of internet disputes. The internet
has the potential to lead to international~ cross-border disputes being a powerful
communications medium, that allows data exchanges in various media formats
between a wide range of different users situated in distant locations. It explores the
meaning of fairness for the resolution of such disputes.
This thesis refers to the existing literature examining the private international law
issues arising from cross-border interactions and transactions on the internet which
make litigation and enforcement more costly and lengthy.
For many disputes arising on the internet, alternative ways of resolving such
disputes have to be found. This thesis contains a detailed exploration of the use of
mediation and arbitration, using online technology. obviating the need for the
parties and lawyers to meet face-to-face and leading to more efficient information
processing, and thereby reducing cost and delay in dispute resolution.
Binding dispute resolution and enforceability in cross-border cases are important
for internet disputes and can be provided by online arbitration. Therefore, this thesis
proceeds to examines in great detail the legal issues surrounding online arbitration.
It looks at questions of due process in arbitration and covers the legal issues
surrounding business-to-consumer arbitration comparing the European approach to
that in the us. The thesis contains a detailed analysis of the Uniform Domain Name
Dispute Resolution Procedure (UDRP) and considers to what extent the dispute
resolution model established by the UDRP could or should sene as a model for
other types of internet disputes.
The conclusion from this examination of all aspects of internet dispute resolution is
a model of dispute resolution. which encourages the use of online arbitration for
internet disputes but, where there exists a substantial power imbalance between the
disputants (such as the traditional business-to-consumer paradigm), subjects
traditional commercial arbitration to more stringent due process standards for
disputes.
Authors
Hörnle, JuliaCollections
- Theses [3711]