The European Union single market needs to tackle an outstanding issue to boost competitiveness and growth: a trust-based redress framework that ensures the effectiveness of consumers’ rights. The current disparities among dispute resolution mechanisms, added to the fact that in practice many do not guarantee participation and enforceability, are serious obstacles to this goal. Trust and the integration of certain dispute avoidance tools added to the regulation of some common enforcement mechanisms are key issues in the field of consumer protection. The goal of this article is to offer some insights within the context of the European Union legislative proposals aimed at improving the current redress system. |
Search result: 5323 articles
Part II Private Justice |
Reputational Feedback Systems and Consumer RightsImproving the European Online Redress System |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | reputational feedback systems, consumer’s protection, dispute resolution, ADR, ODR, enforceability, ecommerce, European redress system small claims |
Authors | Aura Esther Vilalta Nicuesa |
AbstractAuthor's information |
Part II Private Justice |
Standards, Qualifications, and Certification for e-Mediators |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | Online Dispute Resolution, e-Mediation, ethics, standards of practice, qualifications, certification, International Mediation Institute, Association for Conflict Resolution, American Bar Association, American Arbitration Association, National Center for Technology and Dispute Resolution, International Council for Online Dispute Resolution, National Center for State Courts |
Authors | Ana Maria Gonçalves and Daniel Rainey |
AbstractAuthor's information |
This article explores the question ‘how does one judge whether a mediator working online is competent?’ The authors compare the basic standards used to certify mediators working offline to a set of e-mediation standards developed by the International Mediation Institute, and suggest that training modules addressing the specific skills and competencies needed to be a successful online mediator be incorporated into basic mediator training. |
Part II Private Justice |
Decentralized Justice in the Era of Blockchain |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | ODR, blockchain, arbitration, decentralization, crowdsourcing |
Authors | James Metzger |
AbstractAuthor's information |
ODR that is built on blockchain technology and infrastructure is championed by supporters as being capable of revolutionizing dispute resolution. Kleros is a decentralized dispute resolution platform built on the Ethereum blockchain that uses cryptoeconomic theories and game theory to recruit and incentivize a worldwide pool of ‘jurors’ to decide the cases arbitrated through the platform. This article discusses some early evaluations of whether this kind of decentralized ODR is likely to succeed by viewing the model through a normative framework, including considering whether crowdsourcing of justice on a decentralized platform is a viable way to conduct ODR. The article then discusses the likelihood of the success of the sub-court model, including whether choice-of-law issues might be problematic for a worldwide, decentralized system. Finally, the article considers whether the cryptoeconomic and game theories that provide the foundation for the Kleros platform are likely to result in a jury pool, much less an actual jury, that could be considered ‘fair.’ The article is informed by the author’s experience with the Kleros platform through participation in its interactive initial coin offering and engaging in its beta-testing phase. |
Part I Courts and ODR |
Court-Connected Online Dispute ResolutionOutcomes from Family, Civil, and Traffic Cases in the United States |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | court-connected ODR, domestic relations ODR, small claims ODR, traffic ODR, Texas ODR, Michigan ODR, Ohio ODR |
Authors | MJ Cartwright and Dunrie Greiling |
AbstractAuthor's information |
Online dispute resolution (ODR) has been used in US courts for several case types. We highlight outcomes from select ODR programmes for domestic relations cases (child support compliance) in Michigan, for small claims and city tax cases in Ohio, for traffic cases in Michigan and Texas. ODR delivers key benefits to courts such as fewer hearings, faster case resolution, fewer warrants, faster fine collection, and high customer satisfaction ratings. |
Part I Courts and ODR |
Ethical Concerns in Court-Connected Online Dispute Resolution |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | court ODR, fourth party, ethics, access to justice, confidentiality, transparency, informed participation, accessibility, accountability, empowerment, trust |
Authors | Dorcas Quek Anderson |
AbstractAuthor's information |
This article examines the burgeoning trend of creating court ODR systems, focusing on the design aspects that are likely to raise ethical challenges. It discusses four salient questions to be considered when designing a court ODR system, and the resulting ethical tensions that are brought to the fore. As a fourth party, the ODR system not only replaces existing court functions, but enlarges the scope of the courts’ intervention in disputes and increases the courts’ interface with the user. Furthermore, certain ethical principles such as transparency, accountability, impartiality and fairness take on greater significance in the court context than in private ODR, because of the association of the courts with substantive and procedural justice. As in any dispute resolution system, a coherent and effective court ODR system should be guided by dispute system design principles, which includes having clarity of the system’s underlying values and purposes. It is therefore pertinent for each court to resolve the key ethical tensions in order to articulate the foundational values that will undergird the design of its ODR system. |
Part II Private Justice |
The Case for Reframing ODR in Emerging Economies |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | ODR in emerging economies, regtech, India stack |
Authors | David Porteous |
AbstractAuthor's information |
Reports of ODR implementations in emerging economies are still rare, at least outside of China, which in many ways has already emerged digitally at least. But the lack of reports does not mean that there is not increasing ODR activity there. Underlying forces – the usage of smart phones and the rising volume of digital payments outside of the dispute frameworks created by traditional payment card schemes – point to increasing potential access to digital justice, as well as the need for it. This article argues for reframing the case for ODR in two ways that may make it more relevant for policy makers in developing countries. The first is to position ODR in the rapidly growing field of ‘regtech’ (regulatory technology). The second is to show ODR as a layer in the emerging ‘stacks’ of the technology enabling digital government, such as the ‘India stack.’ |
Part II Private Justice |
Making ODR HumanUsing Human-Centred Design for ODR Product Development |
Journal | International Journal of Online Dispute Resolution, Issue 1-2 2018 |
Keywords | online dispute resolution, courts and tribunals, human-centred design, legal tech, legal design, user testing, user-centred design, machine learning, alternative dispute resolution, product development |
Authors | Luke Thomas, Sarah Kaur and Simon Goodrich |
AbstractAuthor's information |
This article discusses what we as human-centred design practitioners have learnt from researching and designing online dispute resolution (ODR) products both for clients and as part of our internal research and development initiatives. |
Legal Document |
Summary record of the 11th meeting – A/C.6/73/SR.11Agenda item 87 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 23rd meeting – A/C.6/73/SR.23Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Article |
Civil Society Perspectives on the Criminal Chamber of the African Court of Justice and Human Rights |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Keywords | Malabo Protocol, African Court, Criminal Chamber, International and Transnational Crimes, African Union |
Authors | Benson Chinedu Olugbuo LLB BL LLM Ph.D. |
AbstractAuthor's information |
In June 2014, African Heads of States and Governments adopted the Protocol on the Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights in Malabo, Equatorial Guinea. The Malabo Protocol seeks to expand the jurisdiction of the African Court to international and transnational crimes. This development raises fundamental issues of jurisdiction, capacity, political will and regional complementarity in the fight against impunity in the African continent. The paper interrogates the role of Civil Society Organisations in the adoption and possible operationalisation of the Court in support of the efforts of the African Union to end human rights abuses and commission of international and transnational crimes within the continent. |
Legal Document |
Summary record of the 12th meeting – A/C.6/73/SR.12Agenda item 87 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 21st meeting – A/C.6/73/SR.21Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Article |
A Proposal for the International Law Commission to Study Universal Criminal Jurisdiction |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Keywords | Universal Criminal Jurisdiction, International Criminal Law |
Authors | Mr. Charles Chernor Jalloh |
AbstractAuthor's information |
The principle of universal jurisdiction is a unique ground of jurisdiction in international law that may permit a State to exercise national jurisdiction over certain crimes in the interest of the international community. This means that a State may exercise jurisdiction regarding a crime committed by a foreign national against another foreign national outside its territory. Such jurisdiction differs markedly from the traditional bases of jurisdiction under international law, which typically require some type of territorial, nationality or other connection between the State exercising the jurisdiction and the conduct at issue. Due to the definitional and other ambiguities surrounding the universality principle, which has in its past application strained and today continues to strain relations among States at the bilateral, regional and international levels, this paper successfully made the case for the inclusion of “Universal Criminal Jurisdiction” as a topic in the long-term programme of work of the International Law Commission during its Seventieth Session (2018). It was submitted that taking up a study of this timely topic, which has been debated by the Sixth Committee of the UN General Assembly since 2010, could enhance clarity for States and thereby contribute to the rule of law in international affairs. It will also serve to continue the ILC’s seminal contributions to the codification and progressive development of international criminal law. |
Editorial |
Editorial |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 10th meeting – A/C.6/73/SR.10Agenda item 87 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 26th meeting – A/C.6/73/SR.26Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 27th meeting – A/C.6/73/SR.27Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 24th meeting – A/C.6/73/SR.24Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |
Legal Document |
Summary record of the 30th meeting – A/C.6/73/SR.30Agenda item 82 |
Journal | African Journal of International Criminal Justice, Issue 1-2 2018 |