B 2 C Pre Dispute Arbitration Clauses E Commerce Trust Construction And Jenga
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Author | : Mohammed Aslam |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
Genre | : |
ISBN | : |
In its pro-consumer stance the EU has reaffirmed its commitment to ban pre-dispute arbitration clauses in its new Proposals for a Directive on ADR, and a Regulation on a Common European Sales Law. This course of direction has begun despite the fact that cross border B-2-C e-commerce sales are below expectations. The EU does not need reminding building trust in e-commerce is essential. However, trust construction needs to be re-examined from the perspective of ODR if a genuine concern exists to build the right form of trust. This article adopts a inter-disciplinary approach to re-assess the legitimacy of pre-dispute arbitration clauses in the e-B-2-C low-value/high-volume Clip-Wrap context. What is proposed is to view them from an interest-based system trust approach. Under this reframing they are regarded as strategic “imperative cogs”, which are essential in building system trust. These need to work with crowdsourced consumer-centric business models to produce sustainable system trust and predictability via perceived fairness.
Author | : Jie Zheng |
Publisher | : Springer Nature |
Total Pages | : 376 |
Release | : 2020-10-03 |
Genre | : Law |
ISBN | : 3030541207 |
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.
Author | : Rutgers Computer & Technology Law Journal |
Publisher | : Quid Pro Books |
Total Pages | : 286 |
Release | : 2014-06-13 |
Genre | : Law |
ISBN | : 1610278666 |
The Rutgers Computer & Technology Law Journal now offers its issues in convenient and modern ebook formats for e-reader devices, apps, pads, smartphones, and computers. This second issue of Volume 40, 2014, features new articles and student contributions on topics related to: using tech to enhance pro bono work, using tech in the law classroom, BitTorrent copyright trolling, taxation of e-commerce and internet sales, and cyber insurance and tangible property. The issue also includes the annual, extensive Bibliography -- in grouped order with a useful, linked Index -- of articles and essays in all the academic journals related to technology, computers, the internet, and the law. In the new ebook edition, quality presentation includes active TOC, linked notes and Index, active URLs in notes, proper digital and Bluebook formatting, and inclusion of images and tables from the original print edition.
Author | : Dimitry Kochenov |
Publisher | : Bloomsbury Publishing |
Total Pages | : 796 |
Release | : 2015-04-30 |
Genre | : Law |
ISBN | : 1782254838 |
The gradual legal and political evolution of the European Union has not, thus far, been accompanied by the articulation or embrace of any substantive ideal of justice going beyond the founders' intent or the economic objectives of the market integration project. This absence arguably compromises the foundations of the EU legal and political system since the relationship between law and justice-a crucial question within any constitutional system-remains largely unaddressed. This edited volume brings together a number of concise contributions by leading academics and young scholars whose work addresses both legal and philosophical aspects of justice in the European context. The aim of the volume is to appraise the existence and nature of this deficit, its implications for Europe's future, and to begin a critical discussion about how it might be addressed. There have been many accounts of the EU as a story of constitutional evolution and a system of transnational governance, but few which pay sustained attention to the implications for justice. The EU today has moved beyond its initial and primary emphasis on the establishment of an Internal Market, as the growing importance of EU citizenship and social rights suggests. Yet, most legal analyses of the EU treaties and of EU case-law remain premised broadly on the assumption that EU law still largely serves the purpose of perfecting what is fundamentally a system of economic integration. The place to be occupied by the underlying substantive ideal of justice remains significantly underspecified or even vacant, creating a tension between the market-oriented foundation of the Union and the contemporary essence of its constitutional system. The relationship of law to justice is a core dimension of constitutional systems around the world, and the EU is arguably no different in this respect. The critical assessment of justice in the EU provided by the contributions to this book will help to create a fuller picture of the justice deficit in the EU, and at the same time open up an important new avenue of legal research of immediate importance.
Author | : |
Publisher | : |
Total Pages | : 300 |
Release | : 2014 |
Genre | : Computers |
ISBN | : |
Author | : Edgar C. Polomé |
Publisher | : |
Total Pages | : 264 |
Release | : 1967 |
Genre | : Swahili language |
ISBN | : |
Author | : United Nations |
Publisher | : UN |
Total Pages | : 50 |
Release | : 2008-02-25 |
Genre | : |
ISBN | : 9789216330392 |
Recognizing the value of arbitration as a method of settling disputes arising in international commercial relations and to make all efforts to ensure that the revised articles of the Model Law and the recommendations become widely known and available, the United Nations Commission on International Trade Law has produced this publication to include the full text of the Model Law with amendments as adopted in 2006.
Author | : Colin Shaw |
Publisher | : Springer |
Total Pages | : 291 |
Release | : 2002-09-13 |
Genre | : Business & Economics |
ISBN | : 0230554717 |
This book is about building and delivering great customer experiences. Many companies neglect this, but the physical execution and emotional impact of customer experiences, companies and brands may ultimately determine customer satisfaction and loyalty and commercial success. With the use of compelling examples and cases the authors show that this is key for all companies and organisations.
Author | : Barilla Center for Food and Nutrition |
Publisher | : Island Press |
Total Pages | : 274 |
Release | : 2018-06-28 |
Genre | : Medical |
ISBN | : 1610918940 |
Nourished Planet illustrates what our global food system can be - a collection of the smartest ideas to nourish us all. From urban farmers in Kenya to American doctors to government officials in Egypt, its voices demonstrate how diverse perspectives are coming together to feed the world sustainably.--back cover.
Author | : Wafula Okumu |
Publisher | : |
Total Pages | : 552 |
Release | : 2010 |
Genre | : Insurgency |
ISBN | : |