Cambridge Cross Border Internet Dispute Resolution by Julia Hörnle

By Julia Hörnle

The net has the capability to extend the variety of cross-border disputes among quite a lot of varied clients. for lots of net disputes, using on-line Dispute solution (ODR) turns into severe. ODR makes use of info know-how (such as professional platforms) and web conversation purposes (such as webforms or net submitting structures) to solve disputes open air the courts. even supposing ODR is a progeny of ADR, utilizing a few of the similar strategies resembling mediation and arbitration, ODR can also be diverse in that it provides new and transformative know-how and tactics. This publication units out the method criteria with which ODR, and specifically on-line arbitration, may still comply and indicates how those criteria should be carried out within the actual global. It considers appropriate legislations and enforcement, therefore delivering a blueprint of ways on-line arbitration procedures can be devised.

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6 105, 133, 134, 143, 145, 157, 164, 231, 234 Art. 6(1) 7, 99, 100, 101, 102, 103, 104, 105, 106, 108, 113, 117, 128, 142 Hague Jurisdiction Convention 260 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (330 UNTS 3), adopted on 10 June 1958 59, 60, 61, 110, 111, 112, 165, 166, 173, 233, 235, 236, 237, 238, 258, 259 Art. I(2) 236 Art. I(3) 246 Art. II 110, 235 Art. II(1) 58, 235 Art. III 59, 110, 235 Art. V 59, 111, 164, 165 Art. V(1)(a) 58, 61, 111, 173, 235 Art.

Internet-protocol addresses are not structured according to geographic locations. Therefore an Internetprotocol address does not by itself disclose the geographical location of a user. 4 5 Johnson and Post, ‘Law and Borders’, 1370–1. C. Marsden, ‘Introduction: Information and Communications Technologies, Globalisation and Regulation’, in C. ), Regulating the Global Information Society (London: Routledge, 2000), 1–40, 2. 6 Since Internet-protocol addresses have been allocated in blocks, it is possible for such technologies to map most Internet-protocol addresses.

Moreover, the arrival of the Internet, and in particular the World Wide Web, is changing the distribution and communication patterns of trade. In the pre-Internet age, consumers mostly bought from retail suppliers located in their own country, and cross-border transactions were largely confined to organised business-to-business (B2B) distribution. Now, consumers can easily buy goods and services directly from a vast network of foreign suppliers on the Web. Likewise, a small business may procure its input requirements through a B2B exchange from a small or large player located on the other side of the planet.

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