By Julia Hörnle
The web has the capability to extend the variety of cross-border disputes among quite a lot of assorted clients. for lots of net disputes, using on-line Dispute solution (ODR) turns into serious. ODR makes use of details know-how (such as specialist platforms) and web communique functions (such as webforms or net submitting systems) to unravel disputes outdoors the courts. even supposing ODR is a progeny of ADR, utilizing a number of the comparable techniques equivalent to mediation and arbitration, ODR can be diverse in that it provides new and transformative know-how and techniques. This publication units out the method criteria with which ODR, and specifically on-line arbitration, may still comply and indicates how those criteria will be applied within the genuine international. It considers acceptable legislation and enforcement, therefore offering a blueprint of the way on-line arbitration methods can be devised.
Read Online or Download Cross-border Internet Dispute Resolution PDF
Best intellectual property books
Exam of 7 well-known trials, every one concluding with an assessment of the trial via a attorney, pass judgement on, legislations professor, or conversation student. The Washington submit assurance of the loo Hinckley case previous the trial demonstrates the results media can have on a tribulation. The Haymarket rebel trial serves for example of starting statements in a storytelling shape.
Figuring out highbrow estate, safeguarding your ideasIntellectual estate is consistently in danger, and the security of chemical technological know-how and know-how in the course of the patenting approach permits contributors and firms to guard their exertions. yet with a view to actually manage to safeguard your rules, you must comprehend the fundamentals of patenting for your self.
A pragmatic method of company IP operations and implementationIntellectual estate Operations and Implementation is helping executives, lawyers, accountants, managers, and vendors, comprehend the felony, technological, financial, and cultural adjustments that experience affected company IP possession and administration.
- Licensing Geographic Data and Services
- The Economic Structure of Intellectual Property Law
- Pirates of the Digital Millennium: How the Intellectual Property Wars Damage Our Personal Freedoms, Our Jobs, and the World Economy
- The Complete Idiot's Guide to Cashing in On Your Inventions
- Patents, Citations, and Innovations: A Window on the Knowledge Economy (MIT Press)
- How to Register Your Own Trademark: With Forms
Additional resources for Cross-border Internet Dispute Resolution
My greatest debt in producing this book is owed to the two supervisors of my doctoral research, Professor Chris Reed and Professor Ian Walden at the Centre of Commercial Law Studies, who first introduced me to the subject of Internet law seven years ago when I switched from legal practice to academia. Without their inspiration, enthusiasm, patience and criticism, this book would never have been produced. The subject of ODR was first brought to my attention by Arthur Marriott QC, who kindly trusted me to write a chapter on this subject for Bernstein’s Handbook of Arbitration and Dispute Resolution Practice, and to whom I really owe the initial idea for this book.
6(1); see, for example, Hentrich v. France, A Series No. 296-A (1994) 18 EHRR 440. 5 (power in dispute resolution). 2 (party autonomy). 2. M. Cappelletti, ‘Alternative Dispute Resolution Processes within the Framework of the World-Wide-Access-to-Justice Movement’ (1993) 56 The Modern Law Review 282–96, 283; G. Petrochilos, Procedural Law in International Arbitration (Oxford University Press, 2004), 128–9; L. Nader, ‘Alternatives to the American Judicial System’, in L. Nader, No Access to Law (New York, NY: Academic Press, 1980), 3–53, 29 and L.
These factors mean that for many claimants in Internet disputes, it may be difficult to establish the defendant’s identity and to trace his or her whereabouts and assets, which is clearly a prerequisite to starting proceedings. While tracing the defendant is an important practical, preliminary aspect of dispute resolution, it is not a point directly related to the dispute resolution procedure; hence, the question of how to establish a person’s identity on the Internet will not be further discussed in this book.