By Julia Hörnle
The net has the capability to extend the variety of cross-border disputes among a variety of various clients. for lots of web disputes, using on-line Dispute solution (ODR) turns into serious. ODR makes use of details know-how (such as professional platforms) and web conversation purposes (such as webforms or net submitting systems) to unravel disputes outdoor the courts. even though ODR is a progeny of ADR, utilizing many of the comparable techniques reminiscent of mediation and arbitration, ODR is usually varied in that it provides new and transformative expertise and approaches. This e-book units out the method criteria with which ODR, and particularly on-line arbitration, may still comply and indicates how those criteria may be carried out within the actual international. It considers appropriate legislation and enforcement, hence supplying a blueprint of the way on-line arbitration methods can be devised.
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26 By contrast, for the other two forms of procedural justice (pure and quasi-pure procedural justice), rules define the outcome as being fair. From merely looking at the outcomes of these procedures, it is not discernible as to whether or not the outcomes are fair – there is no independent criterion to assess whether or not the result is fair. 27 Pure procedural justice defines an outcome as fair, for example a game of chance allocating statistically equal chances of winning or losing to each participant.
37 The purpose of the principle of impartiality is to ensure that the judge treats the parties equally, maintains an open mind and does not take into account irrelevant considerations,38 hence contributing to equal treatment and the rationality of the decision and thereby to the fairness of the decision. An impartial mind is also required to ascertain the facts accurately, and is therefore a rule of imperfect procedural justice. However, it is also a rule of quasi-pure procedural justice in that it means that the judge applies his or her discretion without prejudgement or prejudice and therefore defines any resulting interpretation of the law as fair.
9 Applying the law in a rational manner also means that like cases should be treated in a like manner. 11 This is encapsulated by the principle of the rule of law. H. L. 12 Fact-finding processes should be in accordance with logic and be accurate, for a decision based on wrong facts is by definition unfair. 3 Effectiveness A third element of procedural fairness in dispute resolution is the effectiveness of the procedure. Effectiveness means that a procedure leads to a decision or solution of a dispute.