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This book provides a state-of-the-art overview and assessment of the status quo and future of the Online Dispute Resolution (ODR) field. International, comparative, and interdisciplinary approaches have been utilized. Written by leading ODR scholars, the first part of the book includes an in-depth assessment of ODR, its applications, and its future in a comparative and analytical context. The second section offers a regional oriented approach, where the prospects, challenges, and success of ODR - and its applications in the North America, Latin America, Africa, Australia, Europe, and Asia - are mapped and fully addressed. The book is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.
Where we are now -- What consumers want -- Lessons learned on ebay -- The business case for resolutions -- Bringing consumer advocacy online -- Ethical considerations -- Envisioning a global redress system -- The design: newhandshake.org -- How it could succeed and how it could fail -- Case studies -- What's next -- Conclusion
Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America. Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take ...
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Dispute resolution : what it's all about -- Negotiation and conflict : the big picture -- Perception, fairness, psychological traps, and emotions -- Negotiator styles -- Negotiation dance : step by step -- Gender, culture, and race -- Negotiating ethics -- The law of negotiation -- An overview of mediation : the big picture -- A deeper look into the process -- Representing clients : preparation -- Representing clients : during the process -- Specific applications -- Court-connected mediation and fairness concerns -- The law and of mediation -- Ethical issues for advocates and mediators -- Arbitration : the big picture -- Arbitration agreements -- Selecting arbitrators -- Arbitration procedur...
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive refe
Arbitration in the Digital Age analyses how technology can be efficiently and legitimately used to further sound arbitration proceedings. The contributions, from a variety of arbitration scholars, report on current developments, predict future trends, and assesses their impact from a practical, legal, and technical point of view. The book also discusses the relationship between arbitration and the Internet and analyses how social media can affect arbitrators and counsel's behaviour. Furthermore, it analyses the validity of electronic arbitration and awards, as well as Online Arbitration (OArb). The volume establishes, on a very practical level, how technology could be used by arbitration institutions, arbitrators, parties to an arbitration and counsel. This book will be of special interest to arbitrators and lawyers involved in international commercial arbitration.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. With little warning, COVID-19 quickly escalated into a generational crisis, creating sustained havoc seen perhaps only in past cases of war, attack, and natural disasters. In the bedlam of the early months, health, science, political, and economic communities were hit with sudden force, required to quickly shift and rearrange the normal order of work. In arbitration, leaders took imperfect information to make dramatic decisions. In process and procedure, arbitral institutions, arbitrators, legal counsel, and clients were swept into this turmoil. In some cases, bold initiativ...
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.