This book helps lawyers, practitioners, legislators and students understand and cope with the challenges of e-commerce, and to learn about the most up-to-date technology and regulation of Online Dispute Resolution (ODR). It introduces different forms of online dispute resolution, against the background of Alternative Dispute Resolution (ADR) developments in the off-line environment; crucially, it examines the current technology and legal status of ODR in the EU, US, Asia and Australia, and discusses the relations between the various parties in dispute resolutions, especially the Fifth party for the provider of the technology. It further analyses the four most successful examples, such as Michigan Cybercourt, WIPO-UDRP, eBay-SquareTrade and AAA-CyberSettle. Finally, a proposal for resolving e-contract disputes via ODR is provided, and a code of conduct recommended in order to regulate the electronic commerce market.
Based on exclusive research and up-to-date best practices within the online dispute resolution field
Simple and clear with an in-depth analysis and of a wide range of topics such as technology, management and law
Provides practical solutions to real-world problems with a proposal of core principles and codes of conduct, which is of great value in academia and legislative organizations such as the European Commission and UNCITRAL
Scholars (IT and law) and lawyers
Table of Contents
Background: Development of electronic commerce and dispute resolution; The context of ODR: The current legal environment of ODR; Analysis: Learning from successful experiences; The future of ODR; Conclusions and recommendations.
Dr Faye Fangfei Wang (LLB, China; LLM, Commercial Law, University of Aberdeen; PhD, University of Southampton) is a Lecturer in Law at the Department of Law, Bournemouth University, UK. Her research interests are: commercial law, online dispute resolution, computer law, electronic commerce law, information technology law, conflicts of law, intellectual property law, international trade law and private international law. She has been a speaker at a number of international legal conferences and published extensively on IT and IP law.