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Online Dispute Resolution for Consumers in the European Union
Pablo Cortés
2010
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A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.
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Keywords
- Arbitration
- Arbitration Clauses
- Claims
- Consumer Arbitration
- Consumer Disputes
- cross-border
- Cross-border Disputes
- Dispute Resolution Providers
- Disputes
- European Small Claims Procedure
- Federal Arbitration Act
- Forum Selection Clause
- Mandatory Mediation
- mediation
- Mediation Clauses
- Money Claim Online
- ODR Process
- ODR Service
- online arbitration
- Online Mediation
- procedure
- procedures
- provider
- resolving
- Resolving Consumer Disputes
- SCP
- Seller’s Country
- Small
- thema EDItEUR::K Economics, Finance, Business and Management::KJ Business and Management::KJE E-commerce: business aspects
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAQ Law and society, sociology of law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNA Legal systems: general::LNAC Legal systems: civil procedure, litigation and dispute resolution
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNC Company, commercial and competition law: general::LNCB Commercial law
- thema EDItEUR::L Law::LN Laws of specific jurisdictions and specific areas of law::LNQ IT and Communications law / Postal laws and regulations
- Trade Mark Owners
- UDRP
Links
DOI: 10.4324/9780203847756Editions