Chapter 44 - Online Dispute Resolution - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
THE INTERNET – THE DRAMATIC CHANGE
44.1. Dramatic Changes in Information Technology
The impressive progress of technology, which characterized the second half of the last century of the Second Millennium, has given birth to missiles, to human space travel, to radar, robots, television and highly sophisticated medical research technology.
Progress has also reached the information area, the Internet being an achievement that has brought such great developments in the modes of communication, sharing, and processing of that information. Information Technology (IT) embraces a great many techniques,2 which few, if any, even in the so-called enlightened eighteenth century could have even begun to imagine. (Da Vinci, perhaps, is the sole exception.)
Electronic mail, wide area networking techniques, electronic discussion groups, message posting, web-based real time conferencing, chat rooms and videoconferencing are now available through computers, sophisticated software, services and desk and hand-held devices. These high level electronic tools allow us to circulate, to store, to copy and to retrieve much greater quantities of information than was possible with paper-based forms of communication.
CHAPTER 44: ONLINE DISPUTE RESOLUTION
Internet – The Dramatic Change
44.1 Dramatic Change Due to Information Technology
44.2 Old World and New (Virtual) World Arbitration
44.3 The Use of Internet
Very Largely Technology Assisted Dispute Resolution
44.4 Very Largely Technology Assisted Dispute Resolution
Fully Technology –Based Dispute Resolution
44.5 Fully Technology – Based Dispute Resolution
Multivariable Resolution Optimization Programs
Solution Sets Databases
Electronic Virtual Judge
Online Dispute Prevention
44.6 Online Dispute Prevention
Trust Mark Seals
Credit Card Change Back
Online Arbitration Providers
44.7 Online Arbitration Providers
44.8 Internet Websites
44.9 Various Online Dispute Resolution Mechanisms
Retail E-Commerce Online Arbitration
44.10 Retail E-Commerce Online Arbitration
The Legal Obstacles
44.11 The Legal Obstacles to Online Arbitration
Obstacles Related to the Arbitration Agreement
Obstacles Related to the Proceedings
Obstacles Related to the Award
Applicable Substantive and Procedural Law
Place Where Contracts Online –Made
44.12 Where Contracts on Internet Are Made?
Still a Distinction and International Online Arbitration ?
44.13 Still a Distinction and International Online Arbitration?
44.14 The Proceedings in Technology-Assisted Online Arbitration
Differences from Paper Production
Early Discovery Plans and Actions
Sanctions for Destruction or Spoliation
E-Discovery in Arbitration
The Uniform Domain Name Dispute Resolution Process
44.16 The Uniform Domain Name Dispute Resolution Process
Balance between the Human Factor and Electronic Documents
44.17 A Balance between the Human Factor and Electronic Documents