By Julia Hörnle
The net has the capability to extend the variety of cross-border disputes among a variety of various clients. for plenty of net disputes, using on-line Dispute answer (ODR) turns into serious. ODR makes use of details expertise (such as specialist structures) and web verbal exchange functions (such as webforms or net submitting structures) to solve disputes outdoor the courts. even if ODR is a progeny of ADR, utilizing a number of the comparable strategies reminiscent of mediation and arbitration, ODR is additionally various in that it provides new and transformative know-how and tactics. This e-book units out the method criteria with which ODR, and specifically on-line arbitration, should still comply and indicates how those criteria might be carried out within the genuine international. It considers appropriate legislation and enforcement, therefore offering a blueprint of ways on-line arbitration approaches could be devised.
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Extra resources for Cross-border Internet Dispute Resolution
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.
While it cannot be said that it is fair that this or the other participant wins, provided the rules have properly been applied, the outcome will be fair. Quasi-pure procedural rules also define the outcome as fair, but the rules might be contentious, as it is not statistically verifiable whether or not they lead to a fair result. g. g. in adjudication, such as arbitration or before an ombudsman), for the latter to the extent that the application of law 26 28 27 Ibid. 75. Galligan, Due Process and Fair Procedures, 62.
Additional steps must be taken to redress power imbalances. This requirement of a counterpoise to existing power imbalances is an important aspect of fairness, one which is neglected if one merely focuses on due process. Various methods can be used to redress such power imbalances, the most important of which are legal aid or other mechanisms that give the disadvantaged party greater access to redress (such as small claims procedures in consumer cases). Many of these mechanisms will be of a distributive nature (such as legal aid).