Cardozo Journal of Conflict Resolution
Abstract
This Note addresses the importance of designing effective ADR provisions to the EU’s Directive on Electronic Commerce in the Single Market. The advantages arbitration offers will be demonstrated through its current use in settling copyright disputes that arise from online activity. Part I will define e-commerce and will outline the forum for its online transactions, the Internet. In addition, it will discuss the difficulty of regulating activity in virtual space and the types of issues left for the legal field to resolve. Part II will set out the framework of the EU and its vision for economic and monetary union. It will examine the EU Directive on Electronic Commerce in the Single Market and its proposed reliance on ADR procedures. Part III will describe the use of ADR in international business and the benefits arbitration provides for resolving international commercial disputes. Further, it will explain the Union’s reluctance to rely on arbitration, despite the global trend in this direction. Part IV will explore the problems that copyright laws face on the Internet and pose to the future of e-commerce. It will demonstrate how arbitration is a viable solution for resolving copyright infringement disputes. In addition, it will provide a checklist of important elements one should keep in mind when drafting or adopting a dispute resolution provision. Finally, this note will conclude by suggesting an approach the EU could use to include ameliorative dispute resolution provisions in its Directive on Electronic Commerce.
Disciplines
Dispute Resolution and Arbitration | Law
Recommended Citation
Melissa Devack,
Intellectual Property As An Investment: A Look At How ADR Relates to the European Union’s Proposal for Electronic Commerce in the Single Market,
2
Cardozo J. Conflict Resol.
57
(1999).
Available at:
https://larc.cardozo.yu.edu/cjcr/vol2/iss1/4