European Commission Consultation on Legal Problems in e-Business

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. Continue reading European Commission Consultation on Legal Problems in e-Business

European Commission Public Hearing on ADR – Brussels, 21 February 2003 –

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. Continue reading European Commission Public Hearing on ADR – Brussels, 21 February 2003 –

Basis for the Harmonisation of Online Arbitration

Online Dispute Resolution News ODR_Moderator writes “E-Arbitration-T ? have issued a proposal for the Harmonisation of Online Arbitration

This paper aims to be a basic overview of the issues that Online Arbitration raises when dealing with B2B transactions.

Summary of Questions Submitted for Discussion:

Question 1: What is your opinion on the general approach that the EU institutions should follow on ODR and Online Arbitration of B2B transactions? Should the initia-tives be limited to B2B transactions?

Question 2: Do you think that a directive is the most appropriate regulatory instrument to deal with e-commerce issues? And to deal with ODR methods? Do you think that the European Primary Law provides the EU with a legal basis to adopt a directive on ODR methods?

Question 3. Could or should the principles set out in the two recommendations apply indiscriminately to fields other than consumer protection? Of the principles enshrined in the Recommendations, which in your view could be incorporated in the legislation of Member States?

Question 4: Do you think that the EU should follow the Uncitral Model Laws, or should it leave the regulation of Online Arbitration disputes to national laws?

Question 5: What is your opinion on the controversial issues highlighted in section 7? Are they controversial at all? Is this a fictitious debate? What option would you adopt, if any, to solve the inconsistencies? What other alternatives would you propose?

Question 6: Do you think that this is an appropriate time to pass a directive on ODR methods? Would you be in favour of a directive on ODR methods? What are, in your opinion, the legal bases, if any, for a directive on ODR methods?

Question 7: Do you think that the adoption of European standards for Online Arbitration technologies is necessary? Do you think that the EU has the human and technical resources to dictate European Standards without public discussion? Would it be wise to create an interdisciplinary group capable of negotiating standards with other geo-graphic regions?
Continue reading Basis for the Harmonisation of Online Arbitration

eLexPortal – National legislation on e-Commerce, the easy way

Year 2002 – eLexPortal provides users with tailored answers about national e-Commerce regulation throughout the EU. LUXEMBOURG eLexPortal.com, the e-Commerce Legislation and Regulatory Policy Portal run in partnership by two European specialist firms, ERIN S.A. and Cullen International S.A. with the support of the European Commission, is now live with full coverage of national legislation on e-Commerce. This Portal provides non-specialist entrepreneurs and business people with information about variations in the legislative and regulatory aspects relating to eCommerce across the EU in a user-friendly manner. Continue reading eLexPortal – National legislation on e-Commerce, the easy way