The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace ...has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.
Disputes routinely arise in construction projects, and they have major cost and schedule impacts. Therefore, they need to be either prevented effectively by proper contract and payment execution or ...resolved efficiently with enhanced resolution processes regarding cost, duration, effort, and transparency. However, current practices are inadequate for both effectiveness and efficiency since they mainly depend on centralized authority. This paper is designed in two folds; first, a generic blockchain-based online dispute resolution platform is tested with two litigation cases collected in 1999 and 2009 to show the need for a construction-focused system. Then, a new construction-specific framework, Decentralized Construction Enabling Transparent Resolution (DCENTR), is proposed to address the unique nature of construction projects. Ultimately, it is shown that dispute likelihood can be minimized through reliable contract and payment execution, and if occurred, construction disputes can be resolved with higher transparency and dramatic savings in effort, time, and cost.
•Contract execution and dispute resolution are problematic in construction projects.•Smart contracts can be used to reduce and resolve construction disputes.•Generic ODR platforms are insufficient to address the construction industry's needs.•Decentralized applications can execute contractual agreements and payments.•Construction disputes are resolved by a blockchain-based ODR platform within days.
Artificial intelligence (AI) possesses the capability not only to accelerate the dispute resolution process but also to promote early settlements by improving predictability and reducing risk. ...However, concerns have emerged regarding the impact of AI on the decision-making process, the transparency and control of arbitral data and algorithms, as well as the possible risks to confidentiality and personal data protection, especially in arbitration process. This article explores the difficulties in achieving a balance between the necessity for efficient AI-powered dispute resolution and the imperative to safeguard personal data and adhere to economics, arbitration law and personal data protection law. The challenge is particularly pronounced in Vietnam, where the legal framework for cybersecurity and personal data protection is still evolving.
E-commerce plays an essential role in modern trade today. It is expected that e-commerce volume amounted to 29 trillion USD in the world in 2017, and would grow with the spread of the Internet and ...information and communication technologies (ICTs). Brazil, Russia, India, China and South Africa (BRICS), together with many others, consider e-commerce a means to facilitate rapid, inclusive and sustainable economic growth, improving the living standards and alleviating poverty. This article examines areas for potential cooperation by BRICS countries in e-commerce development across rural and remote areas to fight poverty. It analyses the current state of e-commerce development in rural and remote areas in each of the BRICS countries, including cases of public and private initiatives to support it. The article also defines the opportunities which e-commerce brings to people living in rural and remote areas. Moreover, it evaluates the existing challenges and risks. The article concludes that despite the rapid e-commerce development in BRICS countries, and significant opportunities created, there are still issues of disproportionate e-commerce in varied regions and the lack of BRICS cooperation in this sphere. Based on a comparative and normative in-depth, systematic analysis, the article develops a set of recommendations for deepening BRICS countries’ cooperation in the following areas: infrastructure in rural and remote regions; education; consumer protection; online dispute resolution; coordinated policy in the international scene, including representation of BRICS countries in international indexes, such as the Organization of Economic Co-operation and Development (OECD) Digital Services Trade Restrictiveness Index (STRI).
The integration of technology into legal proceedings has become crucial. The potential of conducting trials, pleading, discovery, expert witnesses, and forensic accounting wholly or partially through ...online platforms is immense (Nasrallah et al., 2022). This paper aims to provide recommendations on the benefits and challenges of financial online dispute resolution. Through a comprehensive literature review, this paper identifies and explores the various benefits and challenges associated with incorporating forensic accountants into the online dispute resolution process. By examining the current landscape of online dispute resolution and the role of forensic accountants, this paper highlights the importance of having a robust technological framework and a well-trained team of forensic accountants to ensure the smooth functioning of online dispute resolution. The recommendations provided in this paper can serve as a valuable guide for policymakers, legal practitioners, and other stakeholders involved in the implementation of online dispute resolution systems. Overall, this paper contributes to the development of best practices for the use of forensic accountants in online dispute resolution and lays the foundation for future research in this field.
The growing rise in the number of self-represented litigants has negative implications for both the court system and access to justice. The expanding use of Artificial Intelligence and the World Wide ...Web has led to the development and use of Online Dispute Resolution. In this article we investigate a number of systems in Australian Family Law that enhance Alternative Dispute Resolution and Access to Justice. We discuss how a hybrid system that incorporates advice about BATNAs and potential trade-offs as well as allowing online communication can enhance access to justice.
The Online Dispute Resolution has become a breakthrough in the world of law, especially the law of dispute settlement. Online Dispute Resolution is used in several disputes such as e-commerce ...disputes and domain name. Technically, part of the ODR has been used by Indonesia’s Constitutional Court, where the Indonesian Constitutional Court utilizes video conferencing facilities in listening to witness testimonies and expert opinions. Moreover, PANDI (Pengelola Nama Domain Indonesia) has implemented most of the functions of the ODR in resolving Domain Name disputes in Indonesia like one of the cases that has been resolved, we call as “Netflix.id” Case that is the case of the Netflix Company who has used Netflix’s name as merchandise since 1977. Netflix Company knowing that there is a new domain name that uses the name of the item, namely “Netflix.id” is officially registered and this interferes with the trading of the Netflix Company, with the result that Netflix Company filed a lawsuit to namely removing the “Netflix.id” domain name. This case was resolved without going through a face to face PPND Process (Pedoman Perselisihan Nama Domain) as a legal basis under Indonesian legislation Currently. Online Dispute Resolution has been used by various world organizations including UNCITRAL, European Commission, and WIPO Arbitration and Mediation. PANDI (Pengelola Nama Domain Internet Indonesia) as one of the parties that utilize the online dispute resolution has policies established under existing international regulations. Still, the ODR has been applied in some cases and resulted in binding decisions to the parties.
Perkembangan teknologi, informasi, dan komunikasi telah memberikan kontribusi yang besar bagi pemenuhan kebutuhan manusia, salah satunya di bidang perdagangan online atau yang lebih sering disebut ...dengan e-commerce. E-commerce memberikan banyak kelebihan bagi masyarakat, salah satunya adalah masyarakat dapat melakukan transaksi tanpa harus bertemu. Kompleksnya aktivitas dalam e-commerce tersebut tidak menutup kemungkinan bahwa e-commerce akan menimbulkan berbagai macam sengketa. Oleh sebab itu, diperlukanlah model penyelesaian sengketa yang cepat dan aman yang melindungi kepentingan para pihak.Penelitian ini termasuk penelitian normatif, dengan menggunakan pendekatan perundang-undangan dan pendekatan konsep. Untuk menyelesaikan sengketa e-commerce ini diperlukan suatu model penyelesaian sengketa yang cepat. Hal ini disebabkan apabila sengketa bisnis terlalu lama untuk dibiarkan maka akan menimbulkan menurunkan produktivitas serta menyebabkan terhambatnya kemajuan dan kesejahteraan ekonomi. Oleh sebab itu, gagasan untuk menggunakan sistem online dispute resolution (ODR) sebagai upaya penyelesaian sengketa yang cepat dan melindungi kepentingan para pihak yang bersengketa dalam transaksi e-commerce.
O presente artigo aborda o fomento do online dispute resolution (ODR) na realidade jurídica brasileira, como alternativa ao modelo tradicional. Para tanto, por meio de metodologia qualitativa, com ...base em pesquisa bibliográfica, em diplomas internacionais e nacionais, descreve o ORD, demonstrando sua versatilidade frente aos conflitos da sociedade hodierna. Nesse ínterim, observa-se a sua execução em ordenamentos jurídicos estrangeiros, considerando os contextos de suas particularidades. À mais, evidencia-se o nascedouro do ODR no Brasil e sua regulamentação na pandêmica do SARS-CoV-2. Assim, o estudo assevera a efetividade e a flexibilidade do ORD para a resolução de conflitos no Poder Judiciário.
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