Legitimacy and the virtualization of dispute resolution

FDR Procesrecht en mediation -- ou

Virtualization of dispute resolution. Establishing trust by recycling reputation

FDR Procesrecht en mediation -- ou

Web 2.0 and Commercial Disputes: A Case Study of Information Sharing in e-Arbitrations and e-

Businesses often depend on Mediation and Arbitration as mechanisms to resolve disputes outside of the judicial courts. This paper examines how the Internet is revolutionizing the legal world of dispute resolution. The paper analyzes data from the academic-business interface developed by two universities working together to make openly share information related to Arbitration and Mediation, on the lines of Wikipedia and YouTube. Their initial forays in this field have been a success, encouraging increased funding and further development of their website. This paper analyzes their success, gleaning insights about user behavior and acceptance of such initiatives. The paper also explores the utility of Web 2.0 for arbitrations and its future prospects

B-2-C Pre-dispute Arbitration Clauses, E-commerce Trust Construction and Jenga: “keeping Every Cog and Wheel”

In its pro-consumer stance the EU has reaffirmed its commitment to ban pre-dispute arbitration clauses in its new Proposals for a Directive on ADR, and a Regulation on a Common European Sales Law. This course of direction has begun despite the fact that cross border B-2-C e-commerce sales are below expectations. The EU does not need reminding building trust in e-commerce is essential. However, trust construction needs to be re-examined from the perspective of ODR if a genuine concern exists to build the right form of trust. This article adopts a multi-disciplinary approach to re-assess the legitimacy of pre-dispute arbitrations clauses in the e-B-2-C low-value/high-volume Clip-Wrap context. What is proposed is to view them from an interest-based system trust approach. Under this reframing they are regarded as strategic “imperative cogs”, which are essential in building system trust. These need to work with crowdsourced consumer-centric business models to produce sustainable system trust and predictability via perceived fairness

Legitimiteit en virtualisering van geschiloplossing

FDR Procesrecht en mediation -- ou

Virtual Straitjackets in Judicial Decision Making

FdR – Publicaties niet-programma gebonde

Cyberspace: A New Threat to the Sovereignty of the State

This paper discusses one of the contemporary challenging issues—it is the challenge of e-commerce to the sovereignty of the state, where governments are unable to implement their own laws on disputed cases resulting from trans-border e-commerce interactions. The objective of the current research is to draw attention to the impact of international characteristics of e-commerce on the sovereignty of state, and to identify the factors affecting this sovereignty. The issue of the dynamicity of time and place will be taken into consideration, where activities carried out over the internet are characterized by their cross-border dimension. Based on real e-commerce case studies disputed on international level, this paper will draw on the legal perspective of cyberspace, identifying the relationship between cyberspace and state sovereignty, and outlining the mechanisms by which cyberspace could cross borders and the territory of the state despite all the precautions taken by the state to protect its sovereignty

Computation as a Planetary Scale Phenomenon

The concept of the ‘technosphere’ was advanced in the field of Earth Systems Science to capture technology as a geological phenomenon in the Anthropocene. What precisely, I ask, drives the technosphere to be so novel and unprecedented a planetary force? Part of the answer, I venture, lies in the nature of computation as a generative force that drives the expansion of the technosphere. To build an account of computation as a generative force of a planetary scale, I engage with and parse through various debates regarding its historical and ontological predispositions. To address computation in its full potential, I argue, is to attend to its creative, albeit imperfect, encounters with the physical world in shifting registers of space and time, which ultimately lends to its epistemological capacity to imagine and facilitate infrastructures that constitute the technosphere