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Title: Online arbitration for cross-border business-to-consumer electronic-commerce disputes : an examination of procedural issues
Author: Kao, Chi-Chung.
Awarding Body: University of East Anglia
Current Institution: University of East Anglia
Date of Award: 2005
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This thesis discusses procedural issues relating to the resolution of cross-border business-to-consumer (B2C) e-commerce disputes by online arbitration. Resolving such disputes in national courts of law creates jurisdictional dilemmas. Online dispute resolution (ODR), on the other hand, avoids the jurisdiction problem, while providing the parties with expeditious and economical solutions to online disputes, given that ODR mechanisms could be fair, .affordable and effective. Amongst various models of ODR, online arbitration could serve as a backbone of an emerging international legal framework for online consumer disputes due to its formal and quasi-judicial nature, as international commercial arbitration has helped create the current international legal system for international business transactions through the accumulation of arbitration practice and case law. However, for online arbitration to take part m resolving cross-border B2C e-commerce disputes, three procedural issues have to be examined. Firstly, online arbitral proceedings have to be fair. The fundamental principles of procedural fairness in adjudicatory processes have to be implemented in order to provide fair treatment for the parties. Secondly, a pre-dispute consumer arbitration agreement has to be enforceable in order for the arbitration to proceed. Factors affecting the enforceability of a pre-dispute consumer arbitration agreement under different legal systems have to be addressed. Finally, an enforcement mechanism for the arbitral awards has to be in place in case of non-voluntary performance by the losing party. As no international enforcement mechanism exists for arbitral awards in the area of international consumer disputes, this thesis proposes a quasi-enforcement procedure via current international credit card clearing networks. Combined with online arbitration this international framework could provide effective and efficient resolution to online consumer disputes while the results of arbitration could be implemented through the established international credit card clearing network via a reversed payment process.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available