 | INTERNET LAW - Choice of Law and Arbitration Clauses in E-commerce Agreements |
| | Email Article
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| | Martha L. Arias, IBLS Director
Monday, November 24, 2008
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| | Laws applicable to e-commerce transactions may be spread among several areas of law, e.i., criminal, contract, evidence, advertisement law, etc. A very interesting case applying the U.S. Federal Arbitration Act (FAA) to a franchise agreement and e-commerce dealer agreement exemplifies this statement. This case shows how contracts, choice of law, and arbitration law amalgam in an e-commerce setting.
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| INTERNET LAW - Is an E-mail Agreement to Arbitrate Enforceable under the Federal Arbitration Act? |
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| | Martha L. Arias, IBLS Director
Wednesday, June 04, 2008
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| | The United States ("US') Federal Arbitration Act ("FAA") (9 USCS § 2) requires that an agreement to arbitrate must be in writing. Additionally, the US Electronic Signatures in Global and National Commerce Act ("E-sing Act") confers legal validity to electronic signatures in the US. Thus, the issue is whether an e-mail agreement to arbitrate (a document that may be seen as less formal than a traditional written agreement) is enforceable under the FAA written requirement; especially when it relates to sensitive federal statutory claims like claims under the American with Disability Act ("ADA"). This article explores this issue under a ruling from the First Circuit Court of Appeals.
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| INTERNET LAW - Amendments to the .eu Alternative Dispute Resolution Rules |
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| | IBLS Editorial Department
Wednesday, March 05, 2008
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| | Alternative Dispute Resolution mechanisms have proved to be an efficient tool to solve domain name disputes in the European Union which is continuously updating these mechanisms. Currently, there is a proposed amendment to the .eu Alternative Dispute Resolution ("ADR”) rules and their supplemental regulations. The amendment seeks to implement several changes to the existing ADR rules, including the inclusion of a speedy electronic-only ADR process. Comments on the proposal must be submitted before March 7th, 2008. This article informs on the main changes proposed by this new set of ADR rules.
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| INTERNET LAW - How the United States Courts have Interpreted Traditional Terms like Arbitration Clauses in Online Purchases? |
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| | Martha L. Arias, IBLS Director.
Tuesday, March 06, 2007
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| | Online shopping has evolved so much in the United States (U.S.) that basic contractual terms and conditions are no longer editors' main focus when writing about e-commerce contracts. We now see more articles about sophisticated e-commerce and internet contracts issues like data broker contracts, cyber-fraud, online privacy liability, etc. But, how U.S. Courts are currently interpreting day-to-day online shopping contracts and how are they adapting traditional terms like arbitration clause principles?
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| INTERNET LAW - Europe warns China about IPR violations |
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| | Editor, Maricelle Ruiz, IBLS Director -- Europe
Wednesday, July 12, 2006
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| | During a recent visit to Beijing, EU Trade Commissioner Peter Mandelson warned China to step up the fight against counterfeiting or risk a protectionist backlash. Mandelson traveled to China to participate in the signing of an agreement between local retailers and foreign brand owners to fight counterfeiting. The EU is in the midst of adopting a Directive to criminalize all intellectual property offences. A large part of the counterfeited computer hardware and software seized by EU customs officials comes from China. [More...] |
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| INTERNET LAW - Latest Status on the UNCITRAL Model Law on International Commercial Arbitration |
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| | United Nations Commission on International Trade Law
Thursday, May 04, 2006
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| INTERNET LAW - WIPO Caseload Summary |
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| | WIPO Arbitration and Mediation Center
Thursday, May 04, 2006
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| INTERNET LAW - Arbitration Law of the People's Republic of China |
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| | From the Minister of Commerce of the People's Republic of China
Thursday, May 04, 2006
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| INTERNET LAW - Inventory of Dispute Settlement Mechanisms, Procedures and Legal Texts Established in Existing Trade and Integration Agreements, Treaties and Arrangements in the Hemisphere and in the WTO |
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| | Free Trade Area of the Americas
Thursday, May 04, 2006
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| INTERNET LAW - China: International Commercial Disputes |
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| | Taken from Asia Pacific Economic Cooperation -APEC- Website
Thursday, May 04, 2006
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