scholarly journals Implementing the E-Family Expert Model through a Legal Framework for Online Dispute Resolution

ICR Journal ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 235-248
Author(s):  
Zaleha Kamaruddin ◽  
Umar Aimhanosi Oseni ◽  
Zati Ilham Abdul Manaf
Keyword(s):  
Dispute Resolution ◽  
Industrial Revolution ◽  
Legal Framework ◽  
Member States ◽  
Online Dispute Resolution ◽  
Expert Model ◽  
The Family ◽  
Unique Nature ◽  
Alternative Means ◽  
Legislative Framework

With the protracted Covid-19 pandemic ravaging the whole world with emergence of new virulent variants, there has been a massive backlash on the family institutions, particularly Muslim families across the world. Some of the effects of the protracted pandemic include domestic violence, increase in the rate of divorce and death of spouses which have triggered some unique nature of family disputes. With the restrictions in movement and physical distancing measures in place, one would wonder whether there could be an alternative means to resolve such budding family-related disputes. To address this issue, this paper examines the potential of the E-family Expert Model earlier designed by the authors in addressing such family-related disputes under the legal framework for online dispute resolution (ODR).  The study adopts an analytical approach through qualitative research method to discuss the relevant issues with a view to finding a lasting solution to the dearth of avenues for family dispute resolution. One of the major findings of the study relates to the relevance of the Fourth Industrial Revolution in implementing the E-Family Expert model where the usual boundaries between the physical, digital and biological aspects of life are strategically blurred with the implementation of a family ODR platform. The study concludes that the E-family expert model could help in a great deal in addressing multitude of family-related disputes through an ODR platform while complying with the national legislative framework. This could be a veritable tool for the member states of the Organization of Islamic Cooperation (OIC) in addressing the increasing number of family disputes through a more formalized framework for adoption by its member states. 

INTERNATIONAL LEGAL FRAMEWORK FOR THE FUNCTIONING OF MECHANISMS FOR RESOLVING TRADE DISPUTES IN THE CONTEXT OF THE EURASIAN ECONOMIC UNION

2021 ◽  
Vol 4 (5) ◽  
pp. 139-151
Author(s):  
K. I. ZHADAN ◽  
Keyword(s):  
Dispute Resolution ◽  
Free Trade ◽  
Free Trade Agreements ◽  
Trade Agreements ◽  
Legal Framework ◽  
Trade Disputes ◽  
Member States ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
The Republic

The article examines an international legal framework of the dispute resolution under free trade agree-ments. The existing mechanisms for resolving trade disputes are analyzed and their classification is given. The article demonstrates an evolutionary change of the approach of States to the formulation of provisions on dispute settlement in international trade treaties. Special attention is paid to the systems of dispute resolution under free trade agreements to which the Eurasian Economic Union is a party. The free trade agreements of the Eurasian Economic Union and its member States with the Socialist Republic of Vietnam (2015), the Islamic Republic of Iran (2018), the Republic of Singapore (2019) and the Republic of Serbia (2019) are compared with respect to the dispute resolution mechanisms. The article focuses on such institutional aspects as the method of appointing arbitrators, the scope of interstate disputes and the competition of dispute resolution platforms. The effectiveness of the dispute resolution systems of the World Trade Organization and special-ized mechanisms under the free trade agreements of the Eurasian Economic Union and its member States is evaluated. The negative and positive aspects of the existing mechanisms under the free trade agreements of the Eurasian Economic Union and its member States are highlighted, and the ways of their development are proposed.

scholarly journals Towards an Effective Legal Framework for Online Dispute Resolution in E-commerce Transactions: Trends, Traditions and Transitions

2016 ◽  
Vol 24 (1) ◽  
Author(s):  
Sodiq O. Omoola ◽  
Umar A Oseni
Keyword(s):  
Best Practices ◽  
Dispute Resolution ◽  
Information And Communication Technology ◽  
Communication Technology ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Legal Environment ◽  
Online Dispute Resolution ◽  
Convenient Means ◽  
Information And Communication

The need for convergence of best practices in Alternative Dispute Resolution (ADR) and Information and Communication Technology (ICT) cannot be overemphasised in an increasingly digitalised world. This undoubtedly led to the introduction of Online Dispute Resolution (ODR) few decades ago which is considered a fast, seamless, and convenient means of dispute resolution. With the increasing prominence of e-commerce transactions, several countries and regions of the world are on the quest to provide an effective legal framework for ODR in e-commerce dealings. This article analyses the approaches to ODR legislations for consumer protection in selected jurisdictions. The article finds that a comparative legal approach with some leverage on legal borrowing can help to create the required legal environment for ODR in other jurisdictions.  

scholarly journals ONLINE REGULATION OF DISPUTES IN ELECTRONIC COMMERCE

2020 ◽  
Vol 6 ◽  
pp. 14-17
Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  
Keyword(s):  
Electronic Commerce ◽  
Detailed Analysis ◽  
Dispute Resolution ◽  
Conflicts Of Interest ◽  
Digital Technologies ◽  
Legal Framework ◽  
Legal Norms ◽  
Online Dispute Resolution ◽  
The Subject ◽  
Online Regulation

This article on Online Dispute Resolution in E-Commerce provides a detailed analysis of the international legal framework for conciliation and online dispute resolution. The authors analyze the conceptual apparatus of online dispute resolution in the field of e-commerce, the subject of this category of disputes, as well as the person composition of their dispute resolution, including the relevant specializedorganizations, includingmediationcenters, andaspecializedentitiessuchasInternetombudsmen, e-commerceombudsmen and etc. Special attention is paid to the rules ensuring transparency of information about the functioning of platforms for online dispute resolution, and about the persons administering their activities. The article examines the online dispute resolution procedure, as well as the activities of online dispute resolution platforms and persons administering their activities, including their functional responsibilities. The authors come to the conclusion that at a certain stage of the introduction of digital technologies there is competition between legal norms and regulations and algorithms that mediate the use of these technologies. Unfortunately, both are subject to the threat of corruption. In this regard, a proposal is being formulated regarding the establishment of anti-corruption restrictions and obligations, and a requirements to avoid conflicts of interest with respect to persons administering online dispute resolution platforms.

scholarly journals Online Dispute Resolution to Resolve Consumer Disputes from the Perspective of European Union Law: Is the Potential of ODR Fully Used?

2016 ◽  
Vol 10 (1) ◽  
pp. 113-127 ◽  
Author(s):  
Pavel Loutocký
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Legal Aspects ◽  
European Union Law ◽  
Continuous Growth ◽  
Online Dispute Resolution ◽  
Success Stories ◽  
Online Tools ◽  
Electronic Transactions

Traditional judicial mechanisms did not offer an adequate solution for cross-border electronic commerce disputes. Although there has been expected great potential in solving disputes online and the rise of Online Dispute Resolution (ODR) use, the assumptions has not been confirmed yet. Only a few examples demonstrate the success stories of ODR, which is in big contrast to the continuous growth of electronic transactions and in general with the use of the online environment. The European Commission however understood the potential of ODR and it is trying to foster the use of it by adopting the ODR Regulation and the ADR Directive. Such legal framework has been developed to apply in consumer disputes arising out of sales or providing services between an EU consumer and an EU trader.The ADR Directive sets out basic standards of ADR entities and processual rules under which it is possible to solve the dispute. Then under the ODR Regulation the complainant will be able to submit a complaint using the ODR platform. The complaint (and any related documentation) will be submitted to the ODR platform via an electronic form.Yet it is necessary to assess the risks of above mentioned legal framework. One of the great concerns are connected with possible forum shopping while providers are registering as ADR entities. Experienced trader (unlike the consumer) is able to choose ADR provider, which is more likely to decide in his favour. Possible exclusion of online negotiation or even online tools in general is then further underlining possible. The paper will thus assess main legal aspects of ADR / ODR legal framework of European Union Law and will deal with main problematic parts of it.

scholarly journals Online legal proceedings in the Russian Federation

2020 ◽  
Vol 8 (5) ◽  
pp. 49-54
Author(s):  
Ekaterina Rusakova ◽  
Viktor Zaytsev
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Russian Federation ◽  
Necessary Conditions ◽  
Legal Framework ◽  
Legal Proceedings ◽  
Online Dispute Resolution ◽  
The Supreme Court ◽  
The Russian Federation

This article examines the trends in the introduction of online dispute resolution procedures in Russian legal proceedings, which is currently of the greatest interest. The author analyzes the existing legal framework, which has a significant impact on the process of creating the necessary conditions for online dispute resolution. The exceptional importance of the Supreme Court of the Russian Federation in the development of online procedures is emphasized. There are clear requirements on which the platform for online dispute resolution should be based. It is concluded that Russia has the necessary Foundation for the development of online dispute resolution.

scholarly journals Implementing a South African E-Dispute Resolution System For Consumer Disputes

Obiter ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 371-395
Author(s):  
Sershiv Reddy
Keyword(s):  
Artificial Intelligence ◽  
South Africa ◽  
Dispute Resolution ◽  
South African ◽  
Industrial Revolution ◽  
Online Dispute Resolution ◽  
Consumer Protection Act ◽  
Technological Advances ◽  
Resolution System ◽  
Dispute Resolution System

In the 1990s, online dispute resolution became more prevalent with the growth of the Internet and its accompanying issues. Yet despite the apparent advantages of online dispute resolution platforms, South Africa has lagged behind in using such a system for consumer disputes. It has become necessary to appeal for the use of an online system since courts are often too costly and backlogged with other disputes; and existing consumer mechanisms found in the Consumer Protection Act 68 of 2008 have proved to be ineffectual. With the expansion of artificial intelligence and South Africa now entering the Fourth Industrial Revolution, it is evident that reforms to consumer laws may be necessary to keep up with technological advances, as well as to expedite consumer disputes. The use of an online dispute resolution system powered by artificial intelligence may prove beneficial in South Africa. This article argues for the implementation of an e-dispute resolution system similar to eBay’s online Resolution Center.

A new regulatory framework for extra-judicial consumer redress: where we are and how to move forward

Legal Studies ◽  
2015 ◽  
Vol 35 (1) ◽  
pp. 114-141 ◽  
Author(s):  
Pablo Cortés
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Third Parties ◽  
Regulatory Framework ◽  
Online Dispute Resolution ◽  
Minimum Standards ◽  
Voluntary Compliance ◽  
Primary Contribution ◽  
The Eu

This paper examines the new legal framework on consumer Alternative Dispute Resolution (ADR) in the EU. Its primary contribution lies in identifying that harmonising the complaint submission in a pan-European Online Dispute Resolution (ODR) platform, and directing parties to nationally approved ADR entities that comply with minimum standards, will not fulfil the potential of an extra-judicial consumer redress system. This paper proposes key functions that the ODR platform should incorporate if it is to provide effective redress. This paper also argues that a successful ODR platform should include built-in incentives that encourage parties to: (i) participate in approved ADR processes; (ii) settle complaints with little or no intervention from neutral third parties; and (iii) ensure voluntary compliance with final outcomes.

scholarly journals MEDIATION IN RESOLVING CONSUMER DISPUTES IN THE PUBLIC SECTOR - OVERVIEW OF FOREIGN EXPERIENCE AND OPPORTUNITIES BEFORE THE BULGARIAN MODEL

2021 ◽  
Author(s):  
Stanislava Kasikova ◽  
Keyword(s):  
Public Sector ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Framework ◽  
Member States ◽  
The Public ◽  
Foreign Experience ◽  
Eu Member States

This article aims to present the legal framework governing the establishment of consumer dispute resolution bodies in Bulgaria and other EU member states, as well as to analyze what should be the place of mediation as a way of alternative dispute resolution. (ADR) in resolving conflicts between traders and consumers.

scholarly journals Compliance of domestic criminal legislation in the field of international and judicial cooperation with the EU acquis in the fight against organized crime: Security aspect

2020 ◽  
Vol 54 (4) ◽  
pp. 1575-1586
Author(s):  
Emina Radosavljević
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Cooperation ◽  
Member States ◽  
Legislative Framework ◽  
The Law ◽  
The Republic ◽  
The One ◽  
The Eu

The area of the European Union (EU) is characterized by general liberalization, ie. "Free flow of people, goods, services, and capital", which is why the organized crime with international elements seriously affects the security of entire regions. Given that no country, regardless of its resources, can confront the threats of the global environment on its own, the need to create a single legislative framework aimed at strengthening the internal security system of the EU and its member states have become necessary. The mentioned unified legislation leads to the centralization of the security area at the supranational level, ie. delegation of competencies of the Member States to the institutions of the Union. In the global fight against organized crime, with the entry into force of the Law on Ratification of Stabilization and Association Agreements between the European Communities and their Member States, on the one hand, and The Republic of Serbia, on the other1 Serbia has committed itself to gradually harmonizing its national legal framework with acquis communautaire, as well as to apply them consistently. Given that, in this paper will be considered the harmonization of certain provisions of the Law on Organization and Competences of State Bodies in the Suppression of Organized Crime, Terrorism and Corruption, ie. international cooperation in criminal matters systematized in Chapter 24 - Justice, Freedom, and Security.

scholarly journals Alternative means of dispute resolution in the 21st century

2020 ◽  
pp. 24-35
Author(s):  
María Elena REYES-MONJARAS ◽  
Lorena ZALETA-MORALES ◽  
Rosa Iliana ORTEGA-CORTÉS ◽  
Valentín GÓMEZ-BARRERA
Keyword(s):  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Family Environment ◽  
Current Situation ◽  
Legal Advice ◽  
Exploratory Approach ◽  
The Social ◽  
The Family ◽  
Alternative Means ◽  
The Subject

Show the importance of alternative means of dispute resolution in family matters and also the advantages of resorting to them, is one of the objectives of this article in which strategies for dissemination and legal advice to society are proposed, as well as raise awareness among the population to determine the problems that are generated in the family environment in relation to the educational field, in which, it is a study with an exploratory descriptive approach to the current situation around the subject and in turn from the qualitative analysis which will allow concrete proposals to be proposed, by linking the academic and social sectors through a series of strategies, from legal advice, training and dissemination of information, among others, this project is expected to contribute to the dissemination of alternative means of dispute resolution in family matters to the community in the entity of Ciudad del Carmen, Campeche , to detect the areas of opportunity in the application of said means to be able to make proposals for their better functioning. Objectives: To demonstrate the benefits of alternative means of resolving family disputes and their advantages. Propose strategies for its dissemination and legal advice to society, as well as guide the population. Methodology: This is a study with a descriptive exploratory approach that shows the current situation around the topic, based on qualitative analysis. Contribution: Link the academic sector with the social sector, as well as provide a series of strategies, from legal advice, training and dissemination of information.

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