"This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing firsthand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates ecommerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 The CISG applies to ecommerce contracts. In addition, it...examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
Cross-border electronic commerce transactions in theory and in practice Legal framework regulating cross-border electronic commerce and its impact on electronic contracting The use of online arbitration in the resolution of international commercial disputes Enforcement of cross-border online arbitral awards and online arbitration agreements in national courts The use of online arbitration in the resolution of consumer disputes.
K2400 .A9637 2019
Newcastle upon Tyne, UK : Cambridge Scholars Publishing, 2019.