Object

PLMET:

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Title:

Going Online - is the World Ready to Replace Litigation with Online Dispute Resolution Mechanisms?

Creator:

Ziemblicki, Bartosz

ORCID:

0000-0002-5814-5689

Subject and Keywords:

Online Dispute Resolution (ODR)   cyberspace   consumer  
cyberprzestrzeń   Internetowe rozwiązywanie sporów (ODR)   konsumenci

Abstract:

The increase of people’s activity in the cyberspace results in a need to provide dispute resolution services online. Even though ODR is about 15 years old, until today no provider of such services has been successful in creating universal dispute resolution system. ODR has got many advantages over traditional ADR and state court litigation. They include low cost, flexibility, avoidance of jurisdiction and choice of law problems and above all speed. However there are also disadvantages, which prevent Internet users from putting trust in this method of dispute resolution. They include issues concerning authenticity, confidentiality, accessibility and due process rights. The first serious attempts to establish ODR systems were initiated by academics. They did not last long though. The most successful attempts include eBay and ICANN systems. They have, however, a limited scope of application. The first one deals only with simple, one-issue, low cost, e-commerce, consumer transaction and its outcome, at least formally, is not binding. The other is praised for effective enforcement without reference to state courts, but it deals only with Internet domain disputes and provides no other remedies than assigning those domains to the winning party. Overall ODR is destined to be successful sooner or later.

Place of publishing:

Wrocław

Publisher:

University of Wroclaw. Faculty of Law, Administration & Economics

Contributor:

Kozłowski, Artur. Editor-in-Chief

Date issued:

2015

Resource Type:

text  
tekst

Detailed Type:

article  
artykuł

Identifier:

oai:repozytorium.uni.wroc.pl:131200   eISSN 2084-1264

DOI:

10.1515/wrlae-2015-0034

Language:

eng

Abstract Language :

eng

Relation:

Wroclaw Review of Law, Administration & Economics, vol.5, no.2, 2016, pp.40-51.

Is version of:

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Access rights:

Attribution  
Uznanie autorstwa

License:

Creative Commons - Attribution (CC BY 4.0)  
Creative Commons - Uznanie autorstwa (CC BY 4.0)

Rights holder:

Copyright by Wroclaw Review of Law, Administration & Economics, published by Sciendo

Autor opisu:

WR U/PAdbg