Conflict resolution in virtual locations

The growing use of telematic ways of communication and of the new developments of Artificial Intelligence, brought along new ways of doing business, now in an electronic format, and requiring a new legal approach. Thus, there is an obvious need for legal changes and adaptations, not only concerning a new approach of traditional legal institutes, but also concerning a need for new developments in procedural means. Transactions are now undertaken in fractions of seconds, through the telematic networks, requiring more efficient ways for solving conflicts; on the other hand, the fact that we must now consider commercial transactions totally undertaken within an electronic environment (“online transactions”) leads to an obligation of rethinking the ways of solving disputes, that will inevitably arise from electronic commerce. It is an important change already taking place, pointing out to various ways of alternative dispute resolution and, among all these ways, letting us already perceive different possibilities of using the new technologies in order to reach faster and more efficient ways (still also “fair”) of solving commercial disputes. It is a whole new evolution towards a growing use not only alternative dispute resolution, but also, towards the so-called on-line dispute resolution.The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal

BLOCKCHAIN ARBITRATION AND SMART CONTRACTS IN INDIA

One of the new developments in the age of technology is Blockchain Technology. Technology has the power to modify the perspective on how things are done so far and all the orthodox strategies that our human brain is used to. In simple words, like any other technological development, Blockchain is created to reduce the effort of a person and increase the role of technology to increase productivity for the task concerned. In technological world smart contracts have gained a lot of popularity and acknowledgment. In the field of law, the influence of innovations is rising at a mind-blowing pace which is increasing day by day. Although blockchain technology has been one of the most talked about developments in technology in recent years, its effect on legal processes remains to be mysterious. This article details about the blockchain and smart contracts and their usage in arbitration. In this article the difference between traditional and smart contracts are summarised. It also explores the Indian scenario and stand on smart contracts

There\u27s an App for That: Developing Online Dispute Resolution to Empower Economic Development

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What deserves emphasis, however, is promotion of ODR to empower businesses that seek to attract customers globally. Establishment of trusted ODR systems incentivizes consumers to make cross-border purchases because it provides them with the comfort of knowing there is a cheap and easy means for obtaining a remedy if the purchase goes awry. This is especially important to assist businesses in developing nations, where Internet access is expanding through use of smartphones and similar mobile devices. Such mobile access is narrowing the so-called “digital divide” and fostering enthusiasm for building e-commerce, which is imperative for economic development and global integration. ODR can further these efforts by catalyzing consumer trust, and consequently cross-border sales. This article, therefore, encourages growth of global ODR that is accessible through mobile devices as means for increasing access to remedies and trustworthy e-commerce for companies and consumers in developing nations

Skeptics of the Screen: Irish Perceptions of Online Dispute Resolution

This paper captures current trends in Online Dispute Resolution (ODR) and its potential use in Ireland by analyzing Irish practitioners’ current attitudes and awareness of ODR. Ultimately, this work provides the groundwork for future research into Ireland’s use of ODR. This exploratory research will hopefully guide researchers in understanding ODR’s users and consumption. Data collection came from an online questionnaire sent to practitioners in the field of conflict intervention in Ireland who reported their experiences and perspectives of ODR. One hundred and twenty-four (124) surveys were used in this analysis. These questionnaires produced both quantitative and qualitative data. Approximately 900 people were asked to complete the survey. The author found surveyed participants were skeptical regarding ODR with very few actually using online technologies to aid in resolving disputes. A popular sentiment among participating practitioners felt ODR was not better than face-to-face meetings yet thought it was worth exploring further. Finally, the author found that those who had heard of ODR are more likely to believe they could assist parties in reaching a settlement entirely using video technology

Collapse of the Structure of the Legal Research Universe: The Imperative of Digital Information

Legal research, in particular the way in which law schools provide legal research training to first-year law students, is the mom and apple pie issue of legal education. Everyone is willing to criticize the lack of it, praise the importance of it, or discuss the reasons it has not been done so well. After all, the whole corpus of legal education is constructed around Dean Langdell\u27s theory that the law library, the place where the law student conducts research, is the laboratory of the law, and the process of legal research has been intertwined with the process of legal reasoning that is still the core of legal pedagogy. This is to say nothing of the popular perception that lawyers know how to find the law. While most people realize that no lawyer can hold all necessary legal doctrine inside of her brain, people assume, and expect, that lawyers know how to find the relevant law