Internet Disputes, Fairness in Arbitration and Transnationalism: A Reply to Dr Hörnle
International Journal of Law and Information, Forthcoming
13 Pages Posted: 10 Apr 2011
Date Written: January 31, 2011
This article is a reply to Julia Hörnle's book Cross-border Internet Dispute Resolution. Starting from Dr Hörnle's insistence on fairness, the author discusses three dimensions of online arbitration that shape the contours of justice in a transnational dispute resolution setting: accuracy, due process and applicable law. The author contends that online arbitration must remain limited to seeking approximate truth, applying an 80/20 principle to due process, where 20 per cent of the efforts yield 80 of the results in terms of due process. More importantly, the author maintains that the pursuit of the sort of justice with associate with the rule law requires online arbitration to apply transnational rules, and national consumer laws.
Keywords: international arbitration, transnational law, fairness, online dispute resolution, online arbitration, due process, meta-justice, UDRP, ebay, consumer protection, lois de police
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