sábado, febrero 02, 2008


The role of transnational online arbitration in regulating cross-border e-business

Online dispute resolution

The role of transnational online arbitration in regulating cross-border e-business – Part Istar, open

Antonis Patrikiosa
aTechnology Law Group, Field Fisher Waterhouse LLP, London Office

Available online 12 November 2007.


Part I

1. Introduction – 2. Since we have a hammer, the problem had better be a nail – 3. The problem is not a nail: 3.1. Unaddressed challenges, 3.1.1. Technological solutions, 3.1.2. International initiatives towards modernisation of private international law, 3.1.3. Convergence or harmonisation of national e-business laws, 3.1.4. OADR and online arbitration – 4. The hammer is not the only tool: 4.1. ADR and arbitration, 4.2. ODR, 4.3. Supportive and supervisory function of the courts.

This article suggests that traditional legal solutions based on localisation and territoriality are inappropriate for cross-border e-business transactions. The instantaneous, ubiquitous and truly international internet necessitates solutions with similar qualities. The elements of a plausible solution can be found in three relatively recent developments: the Online Dispute Resolution (ODR) movement; the emerging principles of internet governance; and the concept of co-regulation. The catalyst, however, is a concept rooted in the theory and practice of international commercial arbitration. This article argues that the optimum solution is a truly international, decentralised, multi-stakeholder, multi-level and multi-instrument co-regulatory system based on ODR and centred on transnational online arbitration with the role of the courts limited to the guardianship of public policy.

CLICK HERE for full article

Computer Law & Security Report
Volume 24, Issue 1, 2008, Pages 66-76

No hay comentarios.: