E Commerce

Dispute Resolution In Electronic Commerce by Yun Zhao

By Yun Zhao

The speedy improvement of digital trade has given upward thrust to a brand new iteration of business practices and the necessity to tackle the problem of resolving disputes bobbing up out of such practices; just recently has consciousness been paid to this region. the difficulty of dispute answer is very vital as the dispute mechanism used will mostly impression the attitudes of retailers and shoppers at huge, for you to in flip ensure the destiny of digital trade. This factor has been mentioned at a variety of boards, notwithstanding, no publication has but been released at the above subject. the current booklet offers a accomplished research of the legislation and perform suitable to dispute answer in digital trade. somebody attracted to E-commerce legislation or dispute solution, or engaging in company over the web will locate this booklet relatively invaluable.

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Traditional theories for deciding jurisdiction and appropriate laws must be reevaluated in the wake of a digital world. Fourthly, the atmosphere of litigation could be destructive to the future relationship of transacting parties and, in consequence, adversely effect further transactions between such parties. With that in mind, the winning party in court may not get what he wants or needs out of electronic commerce in the long run. Besides the shortcomings mentioned above, there are other drawbacks to litigation.

However, such disputes are largely placed under the category of non-contractual disputes. With the preparatory work accomplished, electronic commerce in the real commercial sense starts and in this phase contracts are concluded between transacting parties. 62 Contracts at this stage can be further divided into two sub-types of contracts corresponding to the two types of electronic commerce: commercial contracts and consumer contracts. Commercial contracts have been in existence far longer than the latter.

It was used to describe a computer generated “virtual” space that looked and felt like physical space. According to computer scientist D. Gelernter, cyberspace should be viewed as a mirror world, a place where institutions of the physical world are represented in digital form and where we can interact with these digital representations as if we were in the physical space. H. Gelernter, Mirror Worlds, or, the Day Software Puts the Universe in a Shoebox . . How It Will Happen and What It Will Mean (1991).

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