Download Cambridge Cross Border Internet Dispute Resolution by Julia Hörnle PDF

By Julia Hörnle

The net has the capability to extend the variety of cross-border disputes among a variety of diversified clients. for lots of net disputes, using on-line Dispute answer (ODR) turns into severe. ODR makes use of info expertise (such as professional platforms) and net verbal exchange purposes (such as webforms or internet submitting systems) to solve disputes outdoors the courts. even though ODR is a progeny of ADR, utilizing a number of the related techniques reminiscent of mediation and arbitration, ODR can be diversified in that it provides new and transformative expertise and approaches. This booklet units out the method criteria with which ODR, and particularly on-line arbitration, may still comply and exhibits how those criteria may be applied within the genuine international. It considers acceptable legislations and enforcement, therefore supplying a blueprint of ways on-line arbitration techniques can be devised.

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3. Galligan, Due Process and Fair Procedures, 62. J. Rawls, A Theory of Justice, revised edn (Oxford University Press, 1999), 74–5, 176. the concepts of fairness 11 In particular, for cases of perfect procedural justice, the procedure, if properly applied, realises the fair outcome. An illustration of this is the rule applied between two persons sharing a cake, where one person cuts the cake into two pieces and the other chooses which piece he or she takes. In this case the fair outcome is equal treatment, and this is achieved by the cake-cutter having an incentive to cut two pieces as equal as possible.

118–22. J. Habermas, Faktizit¨at und Geltung (Frankfurt am Main: Suhrkamp, 1992), 187 and 516. 48 Judicial proceedings define and limit the space in which the argumentation takes place; participation, roles, issues and the processes forming opinions and decisions are regulated. 49 Habermas, like Rawls, argues that equal participation of the parties has to be guaranteed through procedural rules. For dispute resolution, Rawls’ and Habermas’ theories mean that due process (as defined above: equal treatment and rationality) in itself is not sufficient.

3 Increase in transnational contacts – a quantitative and qualitative change To some extent, international trade, shipping, aviation and ‘older’ communications media (telex, telephone and fax) have also crossed borders and therefore have posed a challenge to dispute resolution. However, the Internet multiplies and amplifies that challenge as it allows for many more multi-media applications. Unlike ‘older’ communications media, such as telephone and fax, the Internet allows for truly multi-media applications.

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