Justice in the Time of E-Commerce: Online Dispute Resolution
Justice in the Time of E-Commerce: Online Dispute Resolution
Author(s): Karolina ManiaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Śląskiego
Keywords: Online dispute resolution (ODR); e-commerce; electronic communication; dispute resolution; online mediation; online arbitration; electronic mediation; electronic arbitration
Summary/Abstract: As the Internet continues to embrace more and more specialised domains, legal sciences are no exception. Electronic communications are increasingly often used both in classic court proceedings and in the field of out-of-court dispute resolution methods (Online Dispute Resolution). Mediation and arbitration proceedings which make it possible to take the burden off the common courts are becoming a realistic alternative while in some selected areas they may represent the dominant dispute resolution mode in the future.This article aims at defining and presenting electronic out-of-court methods of dispute resolution as well as describing a selection of European examples of such techniques in various case studies.The author points out to the most effective examples of using ODR solutions, including consumer disputes. The first European ODR platform, operational since February 2016, has been described in the context of a legislative package concerning consumer disputes. The deliberations are concluded by formulating a premise that the future of resolving disputes stemming from agreements concluded online is going to be dominated by electronic out-of-court modes.
Journal: Silesian Journal of Legal Studies
- Issue Year: 2017
- Issue No: 9
- Page Range: 51-63
- Page Count: 13
- Language: English