Download or read book ADR through Online Arbitration The Future of Justice written by Dr. V.V.L.N. Sastry and published by Idea Publishing. This book was released on with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: Individuals, groups, and organizations have solely relied on the court system to resolve disputes for quite a long time. On the contrary, many people today are able solve their disagreements successfully without involving the courts. Mechanisms through which disputes are resolved outside the court system are known as Alternative Dispute Resolutions. In order to make Alternative Dispute Resolutions less expensive and more efficient, modern technologies can be integrated into the dispute resolution process. This book specifically focuses on Online Arbitration procedures as one of the methods of Alternative Dispute Resolutions. Whenever they encounter disagreements in transactions, business to business (B2B) organizations prefer Online Arbitration, also known as Electronic Arbitration (hereto referred to as Online Arbitration) to other mechanisms of resolving disputes to come into agreements. This is because Online Arbitration allows those involved in the dispute to choose a professional they both trust to help solve their disagreement, while at the same time ensuring that all the necessary procedures are followed to the latter. Moreover, disputes that arise from business to business transactions are often resolved faster, and parties easily get access to relevant documents from their locations and at any time whenever Online Arbitration is used to resolve disputes. Currently, no legal framework exists to help guide Online Arbitration procedures. For this reason, rules that have traditionally governed commercial arbitration are applied in arbitrations that are conducted online. Although the existing rules for conventional commercial adjudication outlines rules that also take care of the online version, online arbitration requires rules that are specifically designed for it due to its unique features. A legal framework for online arbitration must specify how technology will be used in the dispute resolution process, how performance of notifications will be carried out, and how acknowledgement of receipt will be granted. Furthermore, it should state the obligation of the parties to maintain high ethical standards during the dispute resolution process and allow parties to freely select the most appropriate extra-judicial mechanisms for faster and easier enforcement of the proposed ruling.
Download or read book Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.
Download or read book Digital Justice written by Ethan Katsh and published by Oxford University Press. This book was released on 2017-03-09 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Online Court written by Brian Pappas and published by . This book was released on 2013 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advances in web technology are slowly starting to impact the resolution of disputes that had previously been handled in person. Online Dispute Resolution can broadly be defined as the use of Alternative Dispute Resolution (ADR) techniques over the internet. Typical ODR cases involve small dollar amounts, distant parties, and often relatively obscure issues. ODR will be limited to such small dollar “online disputes” until the government drives the process by moving it's court activities online. If technology is the “4th party” in such disputes, the court can act as a “5 party” and aid in bringing ODR to the mainstream of conflict resolution by providing much needed legitimacy. Small claims courts, with smaller dollar amounts and less complex issues, are ideally situated to transition their operations online. This paper discusses the implications of technology, online courts, and ODR in general on lawyers, ADR practitioners, and legal educators.
Download or read book The Future of Dispute Resolution written by Michael Legg and published by Butterworth-Heinemann. This book was released on 2013 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the greater range of dispute resolution mechanisms that have developed in recent years and the need to match disputes with processes. It takes a holistic approach by looking at litigation, arbitration, mediation and other developing forms of resolution procedures and how they may develop in the future.
Download or read book ADR Arbitration and Mediation written by CIArb and published by Author House. This book was released on 2014 with total page 731 pages. Available in PDF, EPUB and Kindle. Book excerpt: " The various developments and changes in the field of arbitration, coupled with the large sums and important issues which are so often at stake in them, mean that a new book providing a comprehensive overview on the topic from an authoritative source is not merely very welcome: it is positively needed by professionals involved in arbitration and their clients. It is hard to think of an organisation better qualified to sponsor such a book than the Chartered Institute of Arbitrators, with its enormous experience and authority in the field. It is also hard to conceive of a more impressive and well qualified group of contributors to such a book than the list of people who Julio CEsar Betancourt and Jason A. Crook have included in this volume. Lord Neuberger of AbbotsburyPresident of the Supreme Court of the United Kingdom The Chartered Institute of Arbitrators is a learned society that works in the public interest to promote and facilitate the use of alternative dispute resolution (ADR) mechanisms. Founded in 1915 and with a Royal Charter granted in 1979, it is a UK-based institution that has gained international presence in more than 100 countries and has more than 13,000 professionally qualified members around the world. Chartered Institute of Arbitrators 12 Bloomsbury Square London, United Kingdom WC1A 2LP T: +44 (0)20 7421 7444 www.ciarb.org Registered Charity: 803725 International Commercial Arbitration is the fastest growing dispute settlement discipline. The complexities surrounding its regulatory framework combined with an ever-increasing and constantly evolving set of acts, rules, guidelines, protocols, regulations, national legislation, international treaties, and so on may appear daunting at first glance. This ""collection of documents"" or ""supplementary material"" is designed to provide the essential reading for all those who are eager to pursue a career in international arbitration. It will also appeal to arbitration practitioners wishing to have easy access to over 700 pages of arbitration-related resources.""
Download or read book A History of Alternative Dispute Resolution written by Jerome T. Barrett and published by John Wiley & Sons. This book was released on 2004-10-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Download or read book Dispute Resolution written by Stephen B. Goldberg and published by Aspen Publishing. This book was released on 2022-10-27 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, Seventh Edition Provides overviews, critical examinations, and analyses of the application of ADR’s three main processes for settling legal disputes without litigation— negotiation, mediation, and arbitration—and issues raised as these processes are combined, modified, and applied. This casebook challenges students to develop new processes and applications and provides them tools to master the legal issues facing lawyers who utilize the major dispute resolution processes. this book also assists students in building the skills a modern lawyer needs to represent clients in these critical processes. New to the Seventh Edition: New materials and exercises on legislative negotiation and causes and suggestions for remedying Congressional gridlock in negotiating legislative solutions to national problems. (First treatment of this issue in any law school negotiation/dispute resolution teaching book.) Negotiation simulations in which students play the roles of members of Congress and state legislators. Additional treatment of developing online dispute resolution processes. Expansion of dispute systems design materials to include community disputes. New materials designed to help students understand the mediation privilege, including a “debate” about the policy choices implicit in it and more depth on both the Uniform Mediation Act and the California mediation privilege experiences. Addition of multiple new Supreme Court arbitration cases, including American Express Company. v. Italian Colors Restaurant, Oxford Health Plans LLC v. Sutter, and Epic Systems, Inc. v. Lewis, addressing the continuing viability of the vindication of rights doctrine in arbitration, judicial review of an arbitrator’s decision to order a class action arbitration, and whether the NLRA should be interpreted to preclude employers from using class action waivers in agreements with their employees. Additional discussion of 2018-19 Supreme Court arbitration cases, including New Prime, Inc. v. Oliveira and Lamps Plus Inc. v. Varela. Consideration of the #Metoo movement and its impact on arbitration agreements and confidentiality in dispute resolution processes. Discussion of state and federal legislation addressing the use of arbitration for sexual harassment claims, including federal legislation like the End Forced Arbitration of Sexual Harassment Act bill. Substantial reorganization of the chapters on mediation, arbitration, and their variants, so that when students arrive at the new Chapter 8, Representing a Client in ADR (formerly Representing a Client in Mediation), the student is capable, as the modern lawyer should be, of representing a client in all ADR processes. The new emphasis is on facing the future. In addition to learning about ADR responses to existing matters, the student is challenged to put that learning to use in applying current ADR procedures to newly-developing issues, and in developing new processes when existing ones do not meet the client’s needs. Professors and students will benefit from: Thorough, systematic coverage, moving from overviews to critical analysis, application, evaluation, and practice A distinguished and experienced author team A direct and accessible writing style A wealth of simulations (both classic and new) and questions throughout Simulations allow students to evaluate, prepare for, and practice the various dispute resolution techniques Strong coverage of mediation
Download or read book Arbitration in the Digital Age written by Maud Piers and published by Cambridge University Press. This book was released on 2018 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book New Pathways to Civil Justice in Europe written by Xandra Kramer and published by Springer Nature. This book was released on 2021-09-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Download or read book Online Dispute Resolution written by Net Neutrals EU and published by AuthorHouse. This book was released on 2015-11-30 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott Broetzmann, David Beinhacker, and Richard Grainer Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective Jo DeMars Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System Pablo Cortes Consumer Trust and Business Benefits with ODR Immaculada Barral-Vials Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design Riika Koulu The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool - Benefits and Challenges Amy Koltz Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View Katherine G. Newcomer One Man's View of One Country - ADR & ODR and the future of complaint management in the UK Adrian Lawes
Download or read book Online Dispute Resolution written by Mohamed S. Abdel Wahab and published by Eleven International Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Arbitration in Egypt written by Ibrahim Shehata and published by Kluwer Law International B.V.. This book was released on 2021-10-05 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Egypt, and in particular the Cairo Regional Centre for International Commercial Arbitration (CRCICA), has clearly cemented its status as a preferred seat for arbitration cases in both the Middle East–North Africa (MENA) region and the African continent. To assist parties with a need or desire to arbitrate disputes arising in these regions – whether commercial or investment – this incomparable book, the first in-depth treatment in any language of arbitration practice under Egyptian law, provides a comprehensive overview of the arbitration process and all matters pertaining to it in Egypt, starting with the arbitration agreement and ending with the recognition and enforcement of the arbitral award. Citing more than 2,500 cases – both awards and arbitral-related court judgments – the book’s various chapters examine in detail how Egypt’s arbitration law, based on the UNCITRAL model law, encompasses such internationally accepted arbitral provisions and aspects as the following: application of the New York Convention; concept of arbitrability; choice of applicable law; formation of the arbitral tribunal; selection, rights, duties, liability, and challenge of arbitrators; arbitral procedures; evidence and experts and burden of proof; form and content of arbitral awards; annulment and enforcement procedures; interaction between Sharia law and arbitration; role of Egypt’s Technical Office for Arbitration (TOA); and judicial fees. Special issues such as third-party funding and public policy as well as particular areas of dispute such as construction, sports, real estate, labor and employment, tax, competition, intellectual property, and technology transfer are all covered. The author offers practical guidelines tailored to arbitration in these specific areas of law. An added feature is the many figures and other visuals that accompany the text. For whoever is planning to or is currently practicing arbitration in the Middle East, this matchless book gives arbitrators, in-house counsel and arbitration practitioners everything that is needed to answer any question likely to arise. This book should be on the shelf of every practitioner and academic wishing to comprehend arbitration in Egypt as construed by the Egyptian Courts. Review/Testimonial: “The book is an excellent contribution to understand and assess Egyptian international arbitration law and practice and invaluable guide for lawyers, arbitrators and academics working on arbitration cases connected to Egypt for three main reasons: First, a case law perspective that adds considerable value to the book. The author examines not only the text of laws but also the case law. On every issue, Mr Shehata quotes the positions of Egyptian courts, especially those of the Egyptian Cassation Court. With more than 2,500 cases cited, the book is a precious source to discover the Egyptian decisions originally only in Arabic. Through an analysis and commentary of a great number of decisions rendered by various levels of Egyptian courts, the book offers the most reliable source with regard to the interpretation and the application of the Law No. 27 of 1994 and the international conventions by Egyptian courts. Second, a complete and far-reaching analysis. The book covers all aspects of the arbitration process from the arbitration agreement to the enforcement of arbitral awards. It includes the specific arbitration sectors such as sport arbitration, construction arbitration and investment arbitration. This coverage makes the book one of the reference work on the whole regime of arbitration in Egypt. Third, an up-to-date study, which takes into account rule changes and up-to-date developments on new trends, such as third-party funding, optional clauses, virtual hearings, the use of tribunal secretaries and issues of ethics in arbitration.” Source / Reviewer: Professor Walid Ben Hamida, University of Paris-Saclay, France. ICC DISPUTE RESOLUTION BULLETIN 2021 | ISSUE 3 |
Download or read book Arbitration in the Digital Age written by Maud Piers and published by Cambridge University Press. This book was released on 2018-01-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Global Trends in Mediation written by Nadja Marie Alexander and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its first edition, Global Trends in Mediation was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad.
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Download or read book Online Resolution of E commerce Disputes written by Jie Zheng and published by Springer Nature. This book was released on 2020-10-03 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
