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Out-of-court dispute resolution policy in EU electronic commerce

In: FIKUSZ 2008 Business Sciences - Symposium for Young Researchers: Proceedings

Author

Listed:
  • Tomáš Gongol

    (Silesian University in Opava)

Abstract

The idea of common electronic market in European Union is frequent question in many aspects. From the legal point of view it is necessary to define unfair competition in this field. It includes domain name grabbing, cybersquatting, spamming and other ways of disrupting competitor’s activities. Legal regulation of e-commerce is developing very slowly but we have already achieved some victories. Directive on certain legal aspects of information society, in particular electronic commerce, in Internal Market (2000) was followed by the regulation of .eu domain names (2002, 2004) and others. This paper is focusing on out-ofcourt dispute resolution policy in EU electronic commerce, especially includes the way of so called Alternative Dispute Resolution (ADR) in .eu domain name cases. It presents results of research of more then 200 ADR decisions made by The Czech Arbitration Court which is the only arbitration board within European Union authorized to solve .eu domain name disputes and it is able to administer ADR in all official European Union languages.

Suggested Citation

  • Tomáš Gongol, 2008. "Out-of-court dispute resolution policy in EU electronic commerce," Proceedings Papers of Business Sciences: Symposium for Young Researchers (FIKUSZ) 2008, in: László Áron Kóczy (ed.),FIKUSZ 2008 Business Sciences - Symposium for Young Researchers: Proceedings, pages 41-54, Óbuda University, Keleti Faculty of Business and Management.
    • Handle: RePEc:pkk:sfyr08:41-54
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    File URL: http://kgk.uni-obuda.hu/sites/default/files/GongolT.pdf
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    More about this item

    Keywords

    Alternative dispute resolution; bad faith; complainant; Czech Arbitration Court; cybersquatting; domain name; electronic market; legitimate interest; unfair competition;
    All these keywords.

    JEL classification:

    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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