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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Online Arbitration

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ISBN13: 9781138888319
To be Published: June 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00

Innovative initiatives for online arbitration are needed to aid in resolving cross-border commercial and consumer disputes in the EU, UK, US and China. This book provides a comparative study of online dispute resolution (ODR) systems and a model of best practice, taking into consideration the features and characteristics of various examples of ODR.

The book begins with a theoretical approach, looking into the history and culture of arbitration as well as analysing the potential adoption of technology-assisted arbitration in resolving certain types of international commercial and consumer disputes. It then investigates the legal obstacles to adopting ODR by examining the compatibility of technology with current legislation. Finally, it suggests ways to promote the recognition of ODR for cross-border commercial and consumer disputes and methods to stimulate international harmonisation through standard codes of practice.

By exploring both the theoretical framework and the practical considerations of ODR, this book will be a vital reference for lawyers, policy-makers, government officials, industry professionals and academics who are involved with this type of dispute resolution.

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Arbitration and Dispute Resolution
Part I Background
1. The Challenges of the Use of Online Arbitration in Commercial Transactions
2. The Development of Best Practices for Online Arbitration

Part II Procedural Rules for Online Arbitration
3. Online Arbitration Procedures
4. Systematic Legal Development for Online Arbitration Procedures

Part III Substantive Legal Issues of Online Arbitration
5. The Validity of Online Arbitration Agreement
6. The Enforcement of Online Arbitral Awards

Part IV Conclusions and Afterthoughts
7. The Way Forward: An International Harmonised Best Practices