Online Dispute Resolution: Consumer Redress in a Global Market Place

Gralf-Peter Calliess

42 citations0/0 files storedGerman Law Journal

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Dispute Resolution and Class Actions Digitalization, Law, and Regulation European and International Contract Law

Abstract

Online dispute resolution (“ODR”) can be conceived as a means to achieve some of the most powerful legal ideals of the Western legal tradition. Among these are: (1) Legal Certainty: In making individual plans, decisions, and choices everyone is entitled to know what the law is in advance. Therefore, laws shall be public, written in everyday language, and shall not be changed too often. The application of laws shall be a simple operation (legal syllogism) so that citizens do not need attorneys, and judges are just la bouche de la loi (Montesquieu).

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References

2001Private Commercial Law in the Cotton Industry: Creating Cooperation through Rules, Norms, and Institutions 2003The Pros and Cons of Online Dispute Resolution: An Assessment of Cyber-Mediation Websites 2002Piercing the Legal Veil: Commercial Arbitration and Transnational Law 2004Trademarks and Territory: Detaching Trademark Law from the Nation-State

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2016Redress procedures expected by consumers during a business-to-consumer e-commerce dispute 2014A new regulatory framework for extra-judicial consumer redress: where we are and how to move forward 2007Transformations of Commercial Law: New Forms of Legal Certainty for Globalized Exchange Processes?

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