Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practices, taking into consideration the features and characteristics of various practical experiences/examples of ODR services and technological development for ODR systems and platforms.
The book begins with a theoretical approach, looking into the challenges in the use of online arbitration in commercial transactions and analysing the potential adoption of technology-assisted arbitration (e.g. Basic ODR systems and Intelligent/Advanced ODR systems) in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation and regulatory development. Finally, it suggests appropriate legal and technological measures to promote the recognition of ODR, in particular online arbitration, for cross-border commercial and consumer disputes.
By exploring both the theoretical framework and the practical considerations of online arbitration, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with online arbitration.
Table of Contents
Part I Background 1. The Challenges of the Use of Online Arbitration in Commercial Transactions 2. The Development of Best Practices for Online Arbitration Part II Procedural Rules for Online Arbitration 3. Online Arbitration Procedures 4. Systematic Legal and Technological Development for Online Arbitration Procedures Part III Substantive Legal Issues of Online Arbitration 5. The Validity of and Law Applicable to Online Arbitration Agreements 6. The Enforcement of Online Arbitral Awards Part IV Conclusions and Afterthoughts 7.The Way Forward: International Harmonised Best Practices
Faye Fangfei Wang is Senior Lecturer in Law at Brunel University and convenor of the Society of Legal Scholars, Cyberlaw Section, in the UK.