Cross-border Internet Dispute Resolution by Julia Hörnle

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.

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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.

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