Search result: 124 articles

x
Editorial

Access_open Computational Methods for Legal Analysis

The Way Forward?

Journal Erasmus Law Review, Issue 1 2021
Keywords computational legal analysis, empirical legal studies, natural language processing, machine learning
Authors Elena Kantorowicz-Reznichenko
AbstractAuthor's information

    Computational analysis can be seen as the most recent innovation in the field of Empirical Legal Studies (ELS). It concerns the use of computer science and big data tools to collect, analyse and understand the large and unstructured data, such as for instance (legal) text. Given that the text is now the object of analysis, but the methods are (largely) quantitative, it lies in the intersection between doctrinal analysis and ELS. It brings with it not only a great potential to scale up research and answer old research questions, but also to reveal uncovered patterns and address new questions. Despite a slowly growing number of legal scholars who are already applying such methods, it is underutilised in the field of law. Furthermore, given that this method comes from social and computer sciences, many legal scholars are not even aware of its existence and potential. Therefore, the purpose of this special issue is not only to introduce these methods to lawyers and discuss possibilities of their application, but also to pay special attention to the challenges, with a specific emphasis on the ethical issues arising from using ‘big data’ and the challenge of building capacity to use such methods in law schools. This editorial briefly explains some of the methods which belong to the new movement of Computational Legal Analysis and provides examples of their application. It then introduces those articles included in this special issue. Finally, it provides a personal note on the way forward for lawyers within the movement of Computational Legal Analysis


Elena Kantorowicz-Reznichenko
Elena Kantorowicz-Reznichenko is Professor of Quantitative Empirical Legal Studies at the Rotterdam Institute of Law and Economics, Erasmus School of Law, Erasmus University, Rotterdam.
Article

Finding an Ideal Contract Law Regime for the International Sale of Goods

A Comparative Study on the Remedy of Termination for Breach of Contract under the United Nations Convention on Contracts for International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts (PICC) and The Gambia Sale of Goods Act

Journal European Journal of Law Reform, Issue 2 2021
Keywords contracts, termination of contracts, CISG, International Sale of Goods, Unidroit Principles, the Gambia, comparative law
Authors Buba Ceesay
AbstractAuthor's information

    Parties enter into contracts for obtaining specific contractual benefits, and, as a result, they engage in risk allocation hoping that each will keep to its promise. These expectations are sometimes shattered by a breach by one of the parties. The contract at times provides remedies for breach of contract. However, in most cases, the parties’ contract leaves the regulation of the breach to the governing law of the contract. The efficiency of a remedial rule can be judged from the balance that it has put in place in ensuring the risks involved in international transactions are not skewed against the breaching party just because it is in breach. This article thus makes a comparative study between the United Nations Convention on Contracts for International Sale of Goods (CISG), UNIDROIT (International Institute for the Unification of Private Law) Principles of International Commercial Contracts (the PICC) and Sales Act (Act No. 4 of 1955) of The Gambia (GSGA) on the right of a creditor to terminate a contract to elucidate the similarities and the differences among the three regimes and to determine which of the regimes provides a suitable contract law model for the international sales of goods. The article reviews and analyses the legal instruments, case law and academic writings under the regimes and concludes that the CISG provides the most suitable contract law model for the international sale of goods.


Buba Ceesay
Buba Ceesay is an LLM candidate at the Université de Fribourg. Special appreciation to Professor Christiana Fountoulakis, Dr iur, Professor of Private Law and European Private Law, University of Fribourg, Switzerland, for guiding this research paper and helping in having the final version ready for publication.
Article

Interest Representation in Belgium

Mapping the Size and Diversity of an Interest Group Population in a Multi-layered Neo-corporatist Polity

Journal Politics of the Low Countries, Issue 1 2021
Keywords interest groups, advocacy, access, advisory councils, media attention
Authors Evelien Willems, Jan Beyers and Frederik Heylen
AbstractAuthor's information

    This article assesses the size and diversity of Belgium’s interest group population by triangulating four data sources. Combining various sources allows us to describe which societal interests get mobilised, which interest organisations become politically active and who gains access to the policy process and obtains news media attention. Unique about the project is the systematic data collection, enabling us to compare interest representation at the national, Flemish and Francophone-Walloon government levels. We find that: (1) the national government level remains an important venue for interest groups, despite the continuous transfer of competences to the subnational and European levels, (2) neo-corporatist mobilisation patterns are a persistent feature of interest representation, despite substantial interest group diversity and (3) interest mobilisation substantially varies across government levels and political-administrative arenas.


Evelien Willems
Evelien Willems is a postdoctoral researcher at the Department of Political Science, University of Antwerp. Her research focuses on the interplay between interest groups, public opinion and public policy.

Jan Beyers
Jan Beyers is Full Professor of Political Science at the University of Antwerp. His current research projects focus on how interest groups represent citizens interests and to what extent the politicization of public opinion affects processes of organized interest representation in public policymaking.

Frederik Heylen
Frederik Heylen holds a PhD in Political Science from the University of Antwerp. His doctoral dissertation addresses the organizational development of civil society organizations and its internal and external consequences for interest representation. He is co-founder and CEO of Datamarinier.

Chris Draper
Chris Draper, Ph.D., P.E., helps humans make fewer errors when using technology. This expertise was gained through a career of analysing and reducing the operational risk of how humans interface with technology systems in industries including automotive, aerospace, biofuels, petrochemical, commercial real estate, law enforcement and academia. Chris has been at the intersection of technology and dispute resolution since 2011 with roles including Managing Director of Trokt in Des Moines, Iowa, and as a Venture Partner with VU Venture Partners in San Francisco, California. With Trokt, Chris oversees the development and delivery of technologies that help equitably resolve and avoid disputes ranging from labour relations to construction arbitration, financial compliance to special needs education. As a Venture Partner, Chris evaluates the utility, viability and investability of innovative or unproven technologies as a partner to the FrontierTech evaluation team. Chris serves on numerous startup and non-profit boards, and has led initiatives that include his service as Chairman of the American Bar Association’s Online Dispute Resolution Task Force Working Group One, Co-Chair of the American Bar Association’s Section of Dispute Resolution Technology Committee and as a Fellow of the National Center for Technology and Dispute Resolution. Chris received a Bachelor of Science in Mechanical Engineering from the University of California at Berkeley and a Doctor of Philosophy from the University of Glasgow.
Article

Comments and Content from Virtual International Online Dispute Resolution Forum

1-2 March 2021, Hosted by the National Center for Technology and Dispute Resolution (NCTDR)

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Authors David Allen Larson, Noam Ebner, Jan Martinez e.a.
Abstract

    For the past 20 years, NCTDR has hosted a series of ODR Forums in locations around the world. For 2021, the Forum was held virtually, with live presentation over a web video platform, and recorded presentations available to participants. A full recording of the sessions can be found through http://odr.info/2021-virtual-odr-forum-now-live/. The following items are narrative notes from some of the presentations:

    • David Allen Larson – ODR Accessibility

    • Noam Ebner – Human Touch

    • Jan Martinez & Amy Schmitz – ODR and Innovation

    • Frank Fowlie – Online Sport Dispute Resolution

    • Larry Bridgesmith – AI Introductory Notes

    • Julie Sobowale – AI and Systemic Bias

    • Clare Fowler – DEODRISE

    • Michael Wolf – ODR 2.0 System Design

    • Chris Draper – Algorithmic ODR

    • Zbynek Loebl – Open ODR


David Allen Larson

Noam Ebner

Jan Martinez

Amy Schmitz

Frank Fowlie

Larry Bridgesmith

Julie Sobowale

Clare Fowler

Michael Wolf

Chris Draper

Zbynek Loebl
Article

Access_open Bits and Bytes and Apps – Oh My!

Scary Things in the ODR Forest

Journal International Journal of Online Dispute Resolution, Issue 1 2021
Keywords access to justice, digital divide, Artificial Intelligence, algorithms, Online Dispute Resolution
Authors Daniel Rainey and Larry Bridgesmith
AbstractAuthor's information

    This article addresses three issues related to online dispute resolution (ODR) that offer promise, and may carry risks for those who develop, provide, and use technology to address disputes and confects. The authors offer some principles to guide the use of technology, and some predictions about the future of ODR.


Daniel Rainey
A version of this article will be published in Portuguese as a chapter in Processo Civil e Tecnologia: os impactos da virada tecnologia no mundo, Dierle Nunes, Paulo Lucon and Isadora Werneck, eds., Editora Juspodivm, Salvador/BA–Brazil, forthcoming 2021. Daniel Rainey is, among other things, a principal in Holistic Solutions, Inc., a Fellow of the National Center for Technology and Dispute Resolution (NCTDR), a founding Board Member of the International Council for Online Dispute Resolution (ICODR), Editor-in-Chief of the International Journal of Online Dispute Resolution (IJODR) and a Member of the Self-Represented Litigants Committee of the Access to Justice Commission of the Virginia Supreme Court.

Larry Bridgesmith
Larry Bridgesmith is, among other things, a practicing lawyer, professor of law at Vanderbilt Law School and co-founder of its Program on Law & Innovation, a Fellow of the International Association of Mediators, co-founder of LegalAlignment LLC, AccelerateInsite LLC and Lifefilz Inc., co-founder of the International Institute of Legal Project Management and Chair of the Tennessee Supreme Court Alternative Dispute Resolution Commission.
Article

Access_open Alternative Dispute Resolution in the Digital Sector

A Dejurisdictionalization Process?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords European legislation, Alternative Dispute Resolution, civil procedure
Authors Rebecca Berto
AbstractAuthor's information

    Alternative Dispute Resolution (=ADR) is a generic reference to consensus-based processes that provide an alternative to litigation and to binding arbitration procedures. Analysing European provisions, the European legislator pushes Alternative Dispute Resolution methods as a means of resolving not only consumer-to-business disputes but also business-to-business. This may determine over the long term a sort of ‘dejurisdictionalization’ process, moving disputes from tribunals to Alternative Dispute Resolution methods. Procedural rights, however, such as raising interpretative questions to the European Court of Justice, may only be exercised before a court.
    Therefore, Alternative Dispute Resolution and national civil procedure are separated by a sort of procedural ‘Chinese wall’: this legislator’s forma mentis, repeated also in more recent directives, hinders the development of cross-border procedural provisions capable of tackling the legal and procedural questions posed by communication services and new technologies, such as blockchain, whose technical features are not limited by geographical boundaries.
    This article argues that, in the light of technological advancements, the European internal market needs new common procedural legislation fit for the cross-border economic and legal relationships carried out within it.


Rebecca Berto
Rebecca Berto is a lawyer with ECC-Italy: d.jur. University of Padua, Pg. Dipl. International Dispute Resolution (Arbitration) Queen Mary University – London, admitted to the Italian Bar. The views expressed herein are solely the author’s and represent neither that of ECC Italy nor of its host structures or any other of its public financiers. All opinions and errors are of the author. The author did not receive private or public funds for this article.
Article

Towards Online Dispute Resolution-Led Justice in China

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords Online Dispute Resolution, smart court, internet court, access to justice, China
Authors Carrie Shu Shang and Wenli Guo
AbstractAuthor's information

    The use of online dispute resolution (ODR) in courts is a growing topic of interest. By focusing on the recent development of ODR-connected smart courts in China, this article explores ODR’s potential impact on Chinese legal systems from three aspects: role of courts and the legal profession, due process rights, and information safety. By focusing on changing dispute resolution theories – from emphasizing on conflict resolution to dispute prevention – the article argues that ODR-led court reforms rose to the centre because the reform caters to specific purposes of the recent series of reforms conducted under the auspices of the Rule of Law campaign, by prioritizing efficiency goals and attempting to enhance individualist justice experiences. In this article, we define the meaning of ODR in China and describe and categorize ODR technologies that are currently in use in China. Based on these general findings and promising technological options of ODR, we also recommend ways to better implement ODR in Chinese courts to take full advantage of technological advancements.


Carrie Shu Shang
Carrie Shu Shang, Assistant Professor, Coordinator, Business Law program, California State Polytechnic University, Pomona,

Wenli Guo
Wenli Guo, Ph.D., Assistant President, Beiming Software Co. Ltd., President, Internet Nomocracy Institute of Beiming Software Co. Ltd.,
Article

Paperless Arbitration

The New Trend?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords paperless arbitration, arbitral practice and procedure, cybersecurity, new technology
Authors William Brillat-Capello, Laura Canet, Gillian Carmichael Lemaire e.a.
AbstractAuthor's information

    A webinar organized by Laura Canet and William Brillat-Capello, with Gillian Carmichael Lemaire, Yulia Mullina, Sebastián Partida, Sarah Tulip, Sergey Alekhin as speakers
    This webinar, organized by the associates of the Paris-based firm Betto Perben Pradel Filhol, was held at the beginning of the COVID-19 pandemic. Since then, arbitral practice and procedure have evolved considerably because of the increase in the number of paperless arbitrations and paperless hearings. The issues and challenges discussed below are still relevant to assess whether this trend will become the normal way of conducting arbitrations after the end of the current global health crisis or will simply constitute one of the tools available to practitioners. As the world is still dealing with this unprecedented crisis, the transcription of this webinar offers a snapshot of some of the earliest conclusions reached about how the pandemic is changing arbitration as we knew it.


William Brillat-Capello
William Brillat-Capello is associate at Betto Perben Pradel Filhol.

Laura Canet
Laura Canet is is associate at Betto Perben Pradel Filhol.

Gillian Carmichael Lemaire
Gillian Carmichael Lemaire is Independent Arbitration Practitioner.

Yulia Mullina
Yulia Mullina is Executive Administrator at the Russian Arbitration Center.

Sebastián Partida
Sebastián Partida is Corporate Counsel at Hewlett Packard Enterprise.

Sarah Tulip
Sarah Tulip is barrister at 3VB.

Serghei Alekhin
Serghei Alekhin is Counsel at Willkie Farr & Gallagher LLP.
Article

Smart Contracts and Smart Dispute Resolution

Just Hype or a Real Game Changer?

Journal International Journal of Online Dispute Resolution, Issue 2 2020
Keywords smart contracts, blockchain, arbitration, dispute resolution, contract law, distributed ledger technology, internet of things, cyber law, technology, innovation
Authors Mangal Chauhan
AbstractAuthor's information

    This article explains the functioning of smart contracts and technology underlying blockchain. This contribution aims to compare smart contracts with traditional contracts and discuss their situation under the present contract law. It further discusses possible issues that may arise out of the application of smart contracts, for instance, coding errors and programming defects. It studies the possible application of smart contracts to specific fields, such as e-commerce and consumer transactions and possible disputes arising out of this application. It divides the smart contracts into categories based on their form and discusses legal issues in regard to their application.
    Against the common perception that smart contracts will replace the judicial enforcement of traditional contracts, it argues that smart contracts will not replace the system but are rather another form of contracts to be governed by it. In fact, the interplay of smart contracts and contractual law creates possible legal issues as to their validity, recognition and enforcement. It provides possible solutions as to the legal issues arising out of the application of smart contracts under present contract law. The study concludes that a robust and ‘smart’ dispute resolution mechanism is required for dealing with disputes arising out of the application of new technology. Online or blockchain arbitration and other online dispute resolution mechanisms are argued to be better suited to dealing with such disputes.


Mangal Chauhan
Mangal Chauhan is Risk Analyst (Global Entity Management) at TMF Group, Amsterdam, Netherlands. Master of Laws (LL.M.) in Comparative and International Dispute Resolution from Queen Mary University of London, United Kingdom.

Sidney Moreland
Arbitrator Sidney Moreland holds two undergraduate degrees from Louisiana Tech University and a Juris Doctor Law degree from the Southern Law School, where he was an honours graduate and a member of Law Review. Moreland received the American Jurisprudence Award for his study in the field of Evidence. He has arbitrated over 1,000 cases in his 28-year arbitration career, including commercial disputes, employment matters, labour-management disputes, interest arbitration issues, financial and securities claims, railroad and airline cases, federal agency conflicts and noteworthy civil matters referred to arbitration or mediation by the state and federal courts. Permanent panels and other parties (not comprehensive): National Football League/NFL Players Association; Pepsico; Dallas Area Regional Transit/A.T.U.; Southwest Airlines/TCU; CSX Transportation/B.L.E.T.; Broward County, Florida/AFL-CIO; Customs & Border Protection/NTEU; Social Security Administration/AFGE; Orion Corporation/U.S.W.; Union Pacific/S.M.A.R.T.-TD.

Tali Gal
Tali Gal is a Senior Lecturer and Head of School of Criminology at the University of Haifa, Israel. Contact author: tali.gal.04@gmail.com.
Conference Reports

Anniversary Conference on the Occasion of the 80th Birthday of János Bruhács

Report on the ‘Anniversary Conference on the Occasion of the 80th Birthday of János Bruhács’ Organized by University of Pécs, 4 October 2019, Pécs

Journal Hungarian Yearbook of International Law and European Law, Issue 1 2020
Keywords conference report, János Bruhács, humanitarian law, environmental law, fragmentation
Authors Ágoston Mohay and István Szijártó
AbstractAuthor's information

    On 4 October 2019, the Department of International and European Law at University of Pécs, Faculty of Law organized an anniversary conference to celebrate the 80th birthday of professor emeritus János Bruhács. The conference held in Pécs brought together speakers representing universities and research institutions from all over Hungary. The four sections of the conference dealt with topics ranging from international humanitarian law to international environmental law and the question of fragmentation of the international legal order. The organizers sought to address issues, which represented important fields of research in the works of Professor Bruhács.


Ágoston Mohay
Ágoston Mohay: associate professor of law, University of Pécs.

István Szijártó
István Szijártó: law student, University of Pécs.
Article

The Role of the Seat in Smart Contract Disputes

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords smart contracts, international commercial arbitration, blockchain technology, online arbitration
Authors Diana Itzel Santana Galindo
AbstractAuthor's information

    Over the past few decades, international commercial arbitration has experienced major developments in various fields. A major recent development that will spread widely in the years to come relates to technology and the necessity of international commercial arbitration to adapt to the new needs of the market. The path of technological development in commerce is determined by forces other than the needs of legal practitioners. Moreover, the lack of real connection to a sole place, in disputes where the multi-parties have not selected the seat, can create serious obstacles for the arbitral proceedings in blockchain technology disputes. In this regard, smart contracts, however, appear to have identifiable parties with an identified physical point of connection that ultimately can be adapted to the existing place of the arbitration theory within the international arbitration legal framework.


Diana Itzel Santana Galindo
LL.M. graduate in Comparative and International Dispute Resolution at Queen Mary University of London. Legal internship experiences at the Korean Commercial Arbitration Board (KCAB International), Beijing Arbitration Commission (BAC/BIAC), and the Hong Kong International Arbitration Centre (HKIAC).
Article

Online Dispute Resolution in a Traditional Justice System

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords ODR, traditional justice system, insecure areas, Afghanistan
Authors Fathudin Yazdani
AbstractAuthor's information

    This article examines the applicability of Online Dispute Resolution (ODR) in Afghanistan. It evaluates whether ODR can resolve disputes in a traditional justice system, like Jirga, where the formal justice system is weak. This analysis questions whether ODR can complement the traditional jurisdiction system, where the public relies on customary practices to solve disputes. Further, the analysis focuses on the applicability of ODR in insecure areas, where access to formal judicial processes is limited. The findings from this study suggest the development of effective dispute resolution mechanisms in Afghanistan, mainly using ODR.


Fathudin Yazdani
Yazdani Fathudin completed his Post Graduation in Master of Science in Law (MSL) from The University of The Pacific McGeorge School of Law in 2020. He served as a legal advisor and assistant to the deputy minister ministry of interior in Afghanistan. Also, he worked as investigator and security associate in the United Nation Offices for Project Services (UNOPS) in Afghanistan.
Article

E-Measures

International Arbitral Institutions’ Responses to COVID-19

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords international arbitration institutions, COVID-19, availability of e-filing, e-measures
Authors Kendra Magraw
AbstractAuthor's information

    This article will briefly and non-exhaustively examine the emergency measures taken by some international arbitral institutions in response to the COVID-19 pandemic. Such emergency measures, as will be seen, were primarily and due to necessity geared towards moving arbitrations online. Section 1 briefly describes some reasons why the status quo prior to COVID-19 for certain arbitral institutions likely made it necessary to implement e-measures: in other words, it will provide examples of the types of constraints that may have previously prevented arbitral institutions from being more electronic/online. Section 2 broadly identifies the e-measures taken by arbitral institutions, and extracts some general trends therefrom. Finally, Section 3 will offer some brief conclusions and thoughts concerning the future of such e-measures.


Kendra Magraw
Kendra Magraw is a doctoral candidate in international law at the Graduate Institute of International and Development Studies in Geneva, Switzerland.
Article

‘Firewalls’ to Justice

Can Barriers in Censorship Practices Lead to Advancements in Online Dispute Resolution?

Journal International Journal of Online Dispute Resolution, Issue 1 2020
Keywords online dispute resolution, system design, access to justice, artificial intelligence, intellectual property, blockchain, information communication technology, COVID-19
Authors Shirin Ghafary
AbstractAuthor's information

    This article will discuss how we can learn from barriers of internet censorship to create opportunities for better access to the justice system through newer and more reliable Online Dispute Resolution technology. These advancements in technology can help in the application of security measures for materials disclosed in the use of online dispute resolution (ODR) platforms and reduce people’s fears of privacy concerns. This in turn will promote the use of ODR and provide greater access to the justice system, especially for those people who cannot afford more traditional forms of legal services by making more convenient platforms that are less costly, less time consuming, and more readily available to people via their laptops. Technology is advancing and it is advancing fast, we choose whether we advance with it or stay behind. The COVID-19 pandemic has shown us the vulnerabilities of our society and how technologically far behind we are, perhaps it was just the push that we needed.


Shirin Ghafary
Juris Doctor, McGeorge School of Law, University of the Pacific, Bachelor of Science, York University.
Article

APEC Online Dispute Resolution Framework

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords APEC, ODR, e-Commerce, small business, dispute resolution
Authors Michael J. Dennis
AbstractAuthor's information

    The Internet and communications technology are changing every aspect of our lives. Now ODR is set to revolutionize commercial dispute resolution across APEC with the adoption of a new ODR Collaborative Framework. In this article, we will look at the challenges APEC small businesses face today and how the APEC ODR Collaborative Framework provides a much-needed solution to improve justice and boost trade.


Michael J. Dennis
Private International Law Consulting, ODR Advisor to the APEC Economic Committee.
Article

What Does It Take to Bring Justice Online?

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords ODR, access to justice, courts, online justice, remedy for small disputes
Authors Mirèze Philippe
AbstractAuthor's information

    Technology has revolutionized the world in the last century, although computation devices have existed for millennia and punched-card data processing for two centuries. After 70 years of progress in technology and telecommunications with all the knowledgeable computer specialists and the sophistication of online services, it is high time public and private justice offered fair access to a fundamental human right: justice online. The role of technology in dispute resolution is high on the agenda, and the topic is increasingly at the centre of discussions. In a world that is rapidly developing, it is surprising to observe that online dispute resolution (ODR) is lagging behind.


Mirèze Philippe
Special Counsel at the Secretariat of ICC International Court of Arbitration. She is co-founder of ArbitralWomen and Board member. She is also member of the Equal Representation in Arbitration Steering Committee, ICCA Diversity Task Force, Arbitrator Intelligence’s Board of Advisors, Council of the American Bar Association Section of Dispute Resolution, Paris Place d’Arbitrage, Association Arbitri’s Advisory Board, International Journal of Online Dispute Resolution’s Editorial Board, fellow of National Centre for Technology and Dispute Resolution (NCTDR), and Board member of International Council for Online Dispute Resolution’s (ICODR).
Article

The EU Approach to Consumer ODR

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords consumer alternative/online dispute resolution, European Union, ODR Regulation 524/2013, ADR Directive 2013/11, ODR platform
Authors Emma van Gelder
AbstractAuthor's information

    The EU internal market has undergone several developments in the past decades. One of the main developments is the inclusion of a digital dimension. One of the fields in which these developments are very evident is the consumer market. A further development of e-commerce is however hindered because there are no suitable redress mechanisms for consumers involved in low-value, high volume claims typically arising from e-commerce transactions. In response to the ills of existing redress mechanisms, an emerging trend of consumer alternative dispute resolution (ADR) and consumer online dispute resolution (ODR) schemes has been identified throughout the Member States (MS) aimed to offer consumers a swift, cheap and simple procedure through which they can enforce their rightsThis paper outlines the EU approach to Consumer ADR/ODR, gives some observations of the functioning of the legislation in practice and concludes with some thoughts for the future.


Emma van Gelder
PhD Candidate Erasmus University, Rotterdam.
Showing 1 - 20 of 124 results
« 1 3 4 5 6 7
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.