scholarly journals Ginčų su vartotojais sprendimas elektroninėje komercijoje*

2009 ◽  
Vol 50 ◽  
pp. 233-239
Author(s):  
Irmantas Rotomskis ◽  
Darius Štitilis

Plintant globaliai elektroninei komercijai, atsiranda naujos rizikos ir grėsmės. Todėl kyla būtinybė efektyviai spręsti ginčus su vartotojais. Teisminis ginčų su vartotojais elektroninėje komercijoje sprendimas dažnai esti per daug brangus, turi ir kitų trūkumų. Straipsnyje nagrinėjami ginčų su vartotojais sprendimo elektroninėje komercijoje aspektai. Visų pirma, aptariamos šiuolaikinės ginčų su vartotojais sprendimo elektroninėje komercijoje tendencijos ir būdai, išskiriami alternatyvių ginčų sprendimo būdų pranašumai ir trūkumai. Nagrinėjama situacija Lietuvoje sprendžiant ginčus su vartotojais, kylančius iš elektroninės komercijos santykių: analizuojamos susijusių teisės aktų nuostatos ir praktiniai šių ginčų sprendimo būdai. Aptariamos alternatyvių ginčų su vartotojais elektroninėje komercijoje sprendimo būdų Lietuvoje galimybės ir tendencijos. Consumer Disputes Resolution in Electronic CommerceIrmantas Rotomskis, Darius Štitilis SummaryAs electronic commerce continues its unprecedented expansion on a global scale, along with new opportunities come new risks and liabilities. The need for effi cient and effective dispute resolution in this context has become crucial. At least for the time being, for most consumer e-commerce disputes the cost of legal redress by litigation is not proportionate to the value of the claim. Despite, dispute resolution schemes in Lithuania at that moment are mainly concerned with resolution of consumer disputes in court or out-of court (based on written procedure) and any initiatives related to innovative consumer dispute resolution mechanisms are not appreciable yet. Abroad a large number of Online Dispute Resolution (ODR) schemes are concerned with the resolution of consumer disputes arising from e-commerce transactions conducted on the Internet. Such schemes and the issues involved in Lithuania shall be analyzed. Also, as result of the research, electronic commerce consumer disputes resolution model in Lithuania will be suggested.

2019 ◽  
Vol 27 (3) ◽  
pp. 209-237 ◽  
Author(s):  
Fahimeh Abedi ◽  
John Zeleznikow ◽  
Emilia Bellucci

Abstract The need for an appropriate jurisdiction for electronic commerce disputes has led to the well-established mechanism for solving disputes through the internet known as the Online Dispute Resolution (ODR). Currently, there is no universal agreement about the concept of trust in ODR systems, although this issue has been widely discussed in the field of Alternative Dispute Resolution (ADR). The current study aimed to develop a set of standards to enhance trust and confidence in using ODR systems. In this study, we have adopted a new approach in the ODR field, and no similar research has been conducted. This study used a quantitative (online survey) and mainly qualitative approach (interview) for gathering data. After analysing data, this research identified three elements as standards to measure trust in ODR systems including knowledge, expectations of fairness and code of ethics. Finally, our findings provide several practical and methodological implications.


Author(s):  
Dieter Fink

While much attention is currently being devoted to solving technological challenges of the Internet, for example increasing the bandwidth on existing narrowband network platforms to overcome bottlenecks, little attention appears to be given to the nontechnical aspects. This has been a mistake in the past as human resistance to, or incompetence during, the introduction of new Information Technology (IT) often caused Information Systems (IS) to fail. By focusing on a broad range of technical and nontechnical elements early in the adoption of Internet technology, we have the opportunity to avoid the mistakes made in the past. The Internet has given rise to electronic commerce (e-commerce) through the use of the World Wide Web (Web). E-commerce, by its nature, offers enormous possibilities but in an uncontrolled environment. Therefore, for e-commerce to be accepted, trust must be established as soon as interaction with a Web site begins. In the virtual environment of the Web trust has become even more important because the parties are not in physical proximity. There are no handshakes or body language to be observed when closing a deal. Furthermore, jurisdiction is unclear. Developments on a global scale are required that provide assurance that e-commerce can be conducted in a ‘trusting’ manner.


2013 ◽  
Vol 17 (2) ◽  
pp. 251 ◽  
Author(s):  
Kananke Chinthaka Liyanage

Regulation of online dispute resolution (ODR) has become an important element in the conceptualisation of its role as an appropriate dispute resolution mechanism. Given the lack of specific legislation regarding ODR nationally and internationally, there is a growing tendency towards seeking appropriate regulatory models for its regulation in the ODR literature, international organisations, governments and the private sector. While recognising the valuable contributions made in all these fields, this article maps the regulatory approaches for ODR adopted by governments in the Guidelines for Consumer Protection in the Context of Electronic Commerce developed by the Organisation for Economic Co-operation and Development in 1999 and the Australian Guidelines for Electronic Commerce in 2006. In addition, the viability of the regulatory approaches of these instruments is explored in the context of online consumer arbitration used for the resolution of cross-border business-to-consumer electronic commerce disputes. In the course of the discussion, some insights on further improvements to these guidelines are also provided.


2021 ◽  
Vol 6 (2) ◽  
pp. 67
Author(s):  
Ayudya Rizqi Rachmawati ◽  
Rahmadi Indra Tektona ◽  
Dyah Ochtorina Susanti

The research is motivated by the need for eff ective, effi cient and low-cost dispute resolution in dispute arising from electronic commerce transactions. That is because the implementation of electronic commerce transaction ha the characteristic of speed and ease, then it must also be accommodated in the process of settling the dispute. This study aims to analyze, and provide a description of the form of application principle of utilities in ODR as an alternative dispute resolution of electronic commerce user. The result of this normative legal research which uses statute and conseptual approach provide an explaination that online dispute resolution as an e-commerce alternative dispute resolution system trial has been in accordance with the principle of utilities, because to fulfi ll an element that there are in principle utilities in the analysis on law and economic.


Author(s):  
Artem M. Tsirin ◽  
◽  
Madina A. Tsirina ◽  

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.


2020 ◽  
Vol 2020 (27) ◽  
pp. 76-82
Author(s):  
Rahmadi Indra Tektona ◽  
Ayudya Rizqi Rachmawati

The article is motivated by the practical preference from conventional alternative dispute resolution to online dispute resolution as information and communication technology progresses, especially in electronic commerce. It aims to provide a concept about the fore on regulations of online dispute resolution as an alternative dispute resolution applicable to electronic commerce in Indonesia. This normative legal research which uses statute and comparative approach provides an explanation on the importance of regulating online dispute resolution so as to give legal certainty and legal protection to consumers of electronic commerce.


2017 ◽  
Vol 2 (1) ◽  
pp. 107-128
Author(s):  
Nita Triana

This paper describes the settlement of disputes in the field of Islamic economy based on Indonesian Muslim society culture. The research method used is Library research with normative juridical approach. In business, whether based on conventional or sharia, conflict or dispute sometimes happens and can not be avoided. The settlement of disputes in the Court, takes a long time, the cost is huge and the result is a win-lose, resulting in a sense of unfairness to either party. For that Sulh (peaceful) in resolving the dispute sharia economy becomes the choice of the sharia economic actors if there is a dispute between the parties. Sulh (peace) can be developed with various models, such as negotiation, mediation or arbitration. This dispute resolution model is more acceptable to the society, because philosophically the values of Sulh (peace) already exists intrinsically in the culture of Indonesian society which prioritizes deliberation and harmony in the life of society.


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