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Gregory Chan, Tan Yan Shen, Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations?, 14 (2023) JIPITEC 420 para 1.
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%0 Journal Article %T Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations? %A Chan, Gregory %A Shen, Tan Yan %J JIPITEC %D 2023 %V 14 %N 2023 %@ 2190-3387 %F chan2023 %X It is only natural that the rise of e-commerce is coupled with an increasing numberof disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded asthe first step towards the creation of an online rule-of-law, such ODR mechanisms are often shrouded inuncertainty.In that regard, this paper explores ODR mechanismsin both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether theseODR mechanisms give rise to its own jurisprudencepossibly inconsistent with “offline” rules of law, andwhether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulationswhich attempt to strengthen ODR mechanisms. Itcontends that various policies are disconnected fromtheir practical implementation and constraints whichODR platforms face.Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, whilea good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms. %L 340 %K Access to Justice %K Dispute Resolution %K E-Commerce %K Forum Marketplace %K Legal Technology %K ODR %K Online Dispute Resolution %U http://nbn-resolving.de/urn:nbn:de:0009-29-58466 %P 420-NoneDownload
Bibtex
@Article{chan2023,
author = "Chan, Gregory
and Shen, Tan Yan",
title = "Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations?",
journal = "JIPITEC",
year = "2023",
volume = "14",
number = "2023",
pages = "420--None",
keywords = "Access to Justice; Dispute Resolution; E-Commerce; Forum Marketplace; Legal Technology; ODR; Online Dispute Resolution",
abstract = "It is only natural that the rise of e-commerce is coupled with an increasing numberof disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (`ODR') scheme. While this can be regarded asthe first step towards the creation of an online rule-of-law, such ODR mechanisms are often shrouded inuncertainty.In that regard, this paper explores ODR mechanismsin both established, and in, what we describe as `informal' marketplaces, such as commerce on Reddit and Discord. This paper first asks whether theseODR mechanisms give rise to its own jurisprudencepossibly inconsistent with ``offline'' rules of law, andwhether such a bifurcation of ``online'' and ``offline'' rules of law is normatively desired. Next, it then queries the limitations of various policies and regulationswhich attempt to strengthen ODR mechanisms. Itcontends that various policies are disconnected fromtheir practical implementation and constraints whichODR platforms face.Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, whilea good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms.",
issn = "2190-3387",
url = "http://nbn-resolving.de/urn:nbn:de:0009-29-58466"
}
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TY - JOUR AU - Chan, Gregory AU - Shen, Tan Yan PY - 2023 DA - 2023// TI - Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations? JO - JIPITEC SP - 420 EP - None VL - 14 IS - 2023 KW - Access to Justice KW - Dispute Resolution KW - E-Commerce KW - Forum Marketplace KW - Legal Technology KW - ODR KW - Online Dispute Resolution AB - It is only natural that the rise of e-commerce is coupled with an increasing numberof disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded asthe first step towards the creation of an online rule-of-law, such ODR mechanisms are often shrouded inuncertainty.In that regard, this paper explores ODR mechanismsin both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether theseODR mechanisms give rise to its own jurisprudencepossibly inconsistent with “offline” rules of law, andwhether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulationswhich attempt to strengthen ODR mechanisms. Itcontends that various policies are disconnected fromtheir practical implementation and constraints whichODR platforms face.Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, whilea good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms. SN - 2190-3387 UR - http://nbn-resolving.de/urn:nbn:de:0009-29-58466 ID - chan2023 ER -Download
Wordbib
<?xml version="1.0" encoding="UTF-8"?> <b:Sources SelectedStyle="" xmlns:b="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" xmlns="http://schemas.openxmlformats.org/officeDocument/2006/bibliography" > <b:Source> <b:Tag>chan2023</b:Tag> <b:SourceType>ArticleInAPeriodical</b:SourceType> <b:Year>2023</b:Year> <b:PeriodicalTitle>JIPITEC</b:PeriodicalTitle> <b:Volume>14</b:Volume> <b:Issue>2023</b:Issue> <b:Url>http://nbn-resolving.de/urn:nbn:de:0009-29-58466</b:Url> <b:Pages>420-None</b:Pages> <b:Author> <b:Author><b:NameList> <b:Person><b:Last>Chan</b:Last><b:First>Gregory</b:First></b:Person> <b:Person><b:Last>Shen</b:Last><b:First>Tan Yan</b:First></b:Person> </b:NameList></b:Author> </b:Author> <b:Title>Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations?</b:Title> <b:Comments>It is only natural that the rise of e-commerce is coupled with an increasing numberof disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded asthe first step towards the creation of an online rule-of-law, such ODR mechanisms are often shrouded inuncertainty.In that regard, this paper explores ODR mechanismsin both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether theseODR mechanisms give rise to its own jurisprudencepossibly inconsistent with “offline” rules of law, andwhether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulationswhich attempt to strengthen ODR mechanisms. Itcontends that various policies are disconnected fromtheir practical implementation and constraints whichODR platforms face.Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, whilea good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms.</b:Comments> </b:Source> </b:Sources>Download
ISI
PT Journal AU Chan, G Shen, T TI Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations? SO JIPITEC PY 2023 BP 420 EP None VL 14 IS 2023 DE Access to Justice; Dispute Resolution; E-Commerce; Forum Marketplace; Legal Technology; ODR; Online Dispute Resolution AB It is only natural that the rise of e-commerce is coupled with an increasing numberof disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded asthe first step towards the creation of an online rule-of-law, such ODR mechanisms are often shrouded inuncertainty.In that regard, this paper explores ODR mechanismsin both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether theseODR mechanisms give rise to its own jurisprudencepossibly inconsistent with “offline” rules of law, andwhether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulationswhich attempt to strengthen ODR mechanisms. Itcontends that various policies are disconnected fromtheir practical implementation and constraints whichODR platforms face.Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, whilea good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms. ERDownload
Mods
<mods>
<titleInfo>
<title>Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations?</title>
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<name type="personal">
<namePart type="family">Chan</namePart>
<namePart type="given">Gregory</namePart>
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<abstract>It is only natural that the rise of e-commerce is coupled with an increasing number
of disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded as
the first step towards the creation of an online rule-
of-law, such ODR mechanisms are often shrouded in
uncertainty.
In that regard, this paper explores ODR mechanisms
in both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether these
ODR mechanisms give rise to its own jurisprudence
possibly inconsistent with “offline” rules of law, and
whether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulations
which attempt to strengthen ODR mechanisms. It
contends that various policies are disconnected from
their practical implementation and constraints which
ODR platforms face.
Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, while
a good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms.</abstract>
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<topic>Access to Justice</topic>
<topic>Dispute Resolution</topic>
<topic>E-Commerce</topic>
<topic>Forum Marketplace</topic>
<topic>Legal Technology</topic>
<topic>ODR</topic>
<topic>Online Dispute Resolution</topic>
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<identifier type="citekey">chan2023</identifier>
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Full Metadata
| Bibliographic Citation | Journal of intellectual property, information technology and electronic commerce law 14 (2023) 2023 |
|---|---|
| Title |
Online-Dispute Resolution - Paving the way towards harmonising the Birksian archipelago of obligations? (eng) |
| Author | Gregory Chan, Tan Yan Shen |
| Language | eng |
| Abstract | It is only natural that the rise of e-commerce is coupled with an increasing number of disputes; eBay alone has seen a record 60 million cases opened under its online dispute-resolution (‘ODR’) scheme. While this can be regarded as the first step towards the creation of an online rule- of-law, such ODR mechanisms are often shrouded in uncertainty. In that regard, this paper explores ODR mechanisms in both established, and in, what we describe as ‘informal’ marketplaces, such as commerce on Reddit and Discord. This paper first asks whether these ODR mechanisms give rise to its own jurisprudence possibly inconsistent with “offline” rules of law, and whether such a bifurcation of “online” and “offline” rules of law is normatively desired. Next, it then queries the limitations of various policies and regulations which attempt to strengthen ODR mechanisms. It contends that various policies are disconnected from their practical implementation and constraints which ODR platforms face. Ultimately, it concludes that a more nuanced approach is required if such frameworks were to be harmonised across Courts through the proposed taxonomy. Current international recommendations, while a good starting point, should be condensed to certain principles which may be adopted across platforms, while preserving site-autonomy across different types of platforms. |
| Subject | Access to Justice, Dispute Resolution, E-Commerce, Forum Marketplace, Legal Technology, ODR, Online Dispute Resolution |
| DDC | 340 |
| Rights | DPPL |
| URN: | urn:nbn:de:0009-29-58466 |
