Overview
- Presents an in-depth comparison of EU, UK and Chinese law on alternative dispute resolution and online dispute resolution
- Offers guidance on how to use ODR for e-commerce businesses
- Examines how market mechanisms can be useful tools when enforcing the outcomes of a successful ODR process
- Includes recommendations for promoting the harmonization of ODR rules
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Table of contents (7 chapters)
Keywords
About this book
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created.
This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve.In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Authors and Affiliations
About the author
Jie Zheng is a Lecturer and Researcher at Shanghai University of Finance and Economics, Shanghai, China, with a focus on dispute resolution and information technology, a Former Junior Associate at Burkardt Peters & Partner, Shanghai, as well as a former Researcher at Transnational Law Center, Ghent University, Belgium.
Bibliographic Information
Book Title: Online Resolution of E-commerce Disputes
Book Subtitle: Perspectives from the European Union, the UK, and China
Authors: Jie Zheng
DOI: https://doi.org/10.1007/978-3-030-54120-0
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-54119-4Published: 03 October 2020
Softcover ISBN: 978-3-030-54122-4Published: 04 October 2021
eBook ISBN: 978-3-030-54120-0Published: 03 October 2020
Edition Number: 1
Number of Pages: XIII, 369
Number of Illustrations: 6 b/w illustrations, 9 illustrations in colour
Topics: Dispute Resolution, Mediation, Arbitration, e-Business/e-Commerce, Private International Law, International & Foreign Law, Comparative Law , e-Commerce/e-business, International Economic Law, Trade Law, European Economic Law