Abstract

MUNOZ-LOPEZ, José Edgardo. INTERNET CONFLICT OF LAWS: A SPACE OF OPPORTUNITIES FOR ODR*. Int. Law: Rev. Colomb. Derecho Int. [online]. 2009, n.14, pp.163-190. ISSN 1692-8156.

The inadequacy of current Conflict of Laws system, the lack of specialization, the high costs and long delays of court proceedings makes that traditional court adjudication as a means of resolving disputes is not always suitable for e-commerce disputes. Moreover, ADR (Alternative Dispute Resolution) offline is commonly impractical for B2C resolution of international e-commerce disputes and at times expensive enough so that B2B avoid engaging in them. This opens a Space of Opportunities for the use of ODR (Online Dispute Resolution) in e-commerce disputes. I aim to present in this venue some of the constructive ways in which ODR can be utilized to deal with the two main problems that emerge from relying on court judicial process, and ADR offline, to resolve e-commerce disputes: inadequacy of current Conflict of Laws system and the high costs and long delays of some e-commerce disputes.

Keywords : E-commerce; Conflict of Laws; Competent Jurisdiction; Applicable Law; Alternative Dispute Resolution; ADR; Online Dispute Resolution; ODR; Electronic commerce; Juridies aspects; Conflict of Laws; Conflict management.

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