MJIEL Vol 5 Issue 1 2008 - Article 3

Manchester Journal of International Economic Law
Volume 5, Issue 1, pp 3-35, 2008


The Nature of Consent in Mandatory Schemes of Dispute Settlement

in Cyberspace 

Haitham A. Haloush*


Abstract: Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise the growth of e-commerce.

Alternative Dispute Resolution (ADR) and the internet are two very topical issues. Online alternative dispute resolution (OADR), or ADR online, refers to the use of internet technology, wholly or partially, as a medium by which to conduct the proceedings of Alternative Dispute Resolution (ADR), in order to resolve commercial disputes which arise from the use of the internet. Those proceedings are operated by neutral private bodies under published rules of procedure.

* Haitham Haloush is Assistant Professor of Commercial Law at the Hashemite University, Jordan. He holds PhD in commercial law from Leeds University, England, College of Law, and L.L.M. from Aberdeen University, Scotland, College of Law. I would like to thank Professor Clive Walker for his helpful comments and research assistance. I would like to thank also the anonymous referees of this article for their very useful contribution in improving this article.

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