Journal of Arbitration Studies (한국중재학회지:중재연구)
- Volume 25 Issue 3
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- Pages.135-154
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- 2015
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- 1226-3699(pISSN)
DOI QR Code
Online ADR for the E-Commerce? European Union's ADR Legislation for Cross-Border Online Trade
- Chung, Ha-Sung (Korea University Law School, Handong International Law School)
- Received : 2015.08.15
- Accepted : 2015.08.27
- Published : 2015.09.01
Abstract
The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.
Keywords
- Consumer Rights;
- Mediation;
- Enforcement Systems;
- Alternative Dispute Resolution;
- Online Dispute Resolution;
- European Union;
- General Terms and Conditions;
- New York Convention;
- E-Commerce