E-Arbitration-T Project - Online Dispute Resolution

Online Dispute Resolution News A Colleague writes “Efforts by the World Intellectual Property Organization (WIPO) to combat the abusive registration of trademarks as domain names, or cybersquatting, made significant headway in 2003 although the problem persists most notably for high-value brands around the world. Since the Uniform Domain Name Dispute Resolution Policy (UDRP) went into effect in December 1999, through 2003, WIPOs Arbitration and Mediation Center has handled some 6,000 disputes, covering 10,000 domain names.

“While daily filings with WIPO are less now than in the early days of the UDRP, we need to continue our efforts to ensure that the rights of legitimate trademark owners are not diluted,” said Mr. Francis Gurry, Deputy Director General of WIPO, who oversees the work of the Center. “Reducing the practice of cybersquatting is an important element in enabling the Internet to develop as a secure and reliable environment which inspires confidence on the part of the ever-growing number of Internet users,” he observed. “The fact that over 80 percent of the WIPO expert decisions went in favor of the trademark holder, be it a large multinational corporation or a small or medium-sized business, underlines the bad faith inherent in this practice,” Mr. Gurry further noted. Read the rest of this entry »

International Commercial Arbitration. Future Courses: Singapore and Oxford

Events and Courses on A Colleague writes “Diploma in International Commercial Arbitration: Singapore, 5 -13 January 2004 & Balliol College, Oxford 18 - 26 September 2004

This Diploma is considered the flagship of the Chartered Institute’s international arbitration training.
ADR/ODR
Launched by the Chartered Institute of Arbitrators in 1995 it has more than 200 diplomates in many countries including, Australia, New Zealand, Hong Kong, Singapore, Malaysia, Canada, the USA, Nigeria, France, Switzerland, Israel, Ireland, England and Scotland. Read the rest of this entry »

CEDR, in partnership with CMS, is carrying out research into the varying stages of development of mediation in the EU.

The research project follows the European Commission’s Green Paper on ADR and the subsequent report of the European Parliament. Both the report and the summary of responses to the Green Paper emphasised the need for further research into ADR before any harmonisation could be attempted on a European level.

The study concentrates on court-annexed mediation schemes for commercial disputes, excluding the areas of family and employment law, and will focus on the 15 member states. The aim of the research is to compile a geographical guide describing the development of ADR in each member state. From this it will be possible to analyse the relative progress of each country and isolate any key issues which warrant further research.

CEDR and CMS aim to regularly update the report in order to provide a contemporary view of the development of mediation across the EU.

Completing the questionnaire
As part of the research we would be grateful if you as a Law Firm, ADR provider, public administrations or other interested stakeholder, could find the time to complete the questionnaire to assist CEDR in compiling an accurate study into the current status of mediation in the EU.

The questionnaire, available in English, French and German, can be downloaded in word format in the following website..

Year 2003

The e-Economy has become a wide-ranging phenomenon, cutting across geographical boundaries and industry sectors with the potential to further boost the Internal Market in the form of economic growth, investment, innovation and job creation.

As a follow-up to the eEurope 2005 Action Plan and the conclusions of the European Council of 20/21 March 2003 stressing the need for exchanging experience in the field of e-business, the European Commission, Directorate General Enterprise, would be interested in your experience as an enterprise doing e-business. The objective is to collect feedback and practical experiences from the market and to identify still existing practical barriers or new legal problems encountered while conducting business electronically. Read the rest of this entry »

Online Dispute Resolution News Ken writes “Law school graduates with extensive ADR experience and credentials are sought to join a neutral panel in the San Francisco Bay Area. The panel is part of a new dispute resolution company backed by individuals with a strong background in the alternative dispute resolution industry. Read the rest of this entry »

Collection of ICC Arbitral Awards

The fourth volume of ICC Publishing’s Collection of ICC Arbitral Awards, covering cases over four years up to 2000, is now available from ICC Publishing.

The full series covers 26 years. Collection of ICC Arbitral Awards 1996 - 2000, co-published with Kluwer Law International, contains extracts of cases by the ICC International Court of Arbitration, one of the world’s most respected arbitral institutions.

The three previous volumes cover the periods 1974-85, 1986-90 and 1991-95. The collection is a practical reference tool, containing three types of useful indexes incorporating information from all the volumes:

- a consolidated analytical table, in both English and French, with extensive cross-references based on the terminology used in awards and case notes;
- a chronological index listing the awards with references to legal literature;
a key word index, also in English and French, allowing the reader to find material of interest quickly and easily;
- a cross-referenced index of cases referring to the Journal du droit international, the Yearbook Commercial Arbitration and to the International Construction Law Review for each of the awards published in the Collection. Read the rest of this entry »

e-Commerce Trustmarks International Congress - 17 to 19 September 2003

Events and Courses on ADR/ODR ODR_Moderator writes “Ministry of Economics of the Grand Duchy of Luxembourg is organising from 17 to 19 September 2003 an international congress on the trustmarks in electronic commerce.

A non exhaustive list of the themes which will be tackled during this congress is given below:
:: Electronic commerce and its development perspectives
- Current characteristics of the sector
- Offers available to consumers: product, services, on-line transactions, etc.
- Trends
:: Expectations of the cyber consumer
- Legibility of the offer
- Reality of the enterprise
- Delivery conformity
- Payment security
- Data protection
- Complaint processing
:: Signs and marks on the internet
- The problem of the sign in the virtual world
- Typology and impact of signs and marks on the internet
- How to guarantee the reputation of a sign or a mark? Read the rest of this entry »

E-Arbitration Tribunal, an initiative on electronic arbitration promoted by Comercio Electrnico Global Spain is about to end another stage since it was launched in 1997.

We are thinking about new lines of action in the field of research and development in order to implement cutting edge technologies in commercial mediation and arbitration processes and in e-business. Will be a complete new E-Arbitration-T initiative. Read the rest of this entry »

Settling e-Commerce Disputes by Giuseppe Leone

Despite the dot.com bust, the future of Internet commerce (e-commerce) still looks rosy. According to recent studies, it is now projected that by 2005 one billion people will be on the Internet and at least one third will make online purchases. What is even more remarkable is that this huge, $1.6 trillion business will be based essentially on trust, among sellers and buyers who are unlikely to ever see or speak to each other.

Inevitably, some of those e-commerce transactions are bound to turn into disputes. So what happens when a seller in the USA and a buyer in Russia disagree over a sale transaction worth only a few hundred dollars? What recourse do they have, when litigation, Small Claims court and arbitration are obviously not feasible options? Read the rest of this entry »

The European Commission presented on 19 April 2002 a Green Paper on Alternative Dispute Resolution in civil and commercial law.

Many organisations expressed they interest in this Green Paper. Most of they have directly participated in the debate launched by the Green Paper, by submitting comments on it. The European Commission would like to thank them for they contribution. Read the rest of this entry »