ISSUES OF DEVELOPMENT THE LEGISLATION ON ONLINE AND ELECTRONIC ARBITRATION IN THE REPUBLIC OF UZBEKISTAN AND ENFORCEMENT OF THEIR DECISIONS

M. Bahramova
{"title":"ISSUES OF DEVELOPMENT THE LEGISLATION ON ONLINE AND ELECTRONIC ARBITRATION IN THE REPUBLIC OF UZBEKISTAN AND ENFORCEMENT OF THEIR DECISIONS","authors":"M. Bahramova","doi":"10.51788/tsul.rols.2022.6.2./jpdd9969","DOIUrl":null,"url":null,"abstract":"The article used the term “low value” to identify various situations in which OArb could benefit. While this notion is highly subjective in nature, it objectifies the concept by linking it to disputes that suffer from prohibitive court costs. These are court costs that do not match the economic benefits that the requested remedy may bring to the plaintiff. According to theoretical predictions, existing ODR schemes have confirmed the assumption that OArb potential goes beyond disputes arising from online consumer contracts. As for low-value B2B conflicts, three clear political reasons have been cited for including such conflicts in future regulatory initiatives in the ODR area. The first reason was that litigation, which prohibits (smaller) commercial disputes involving businesses, has an equal impact. The second reason arose from the observation that many contractual relations between commercial parties show a power imbalance similar to the contractual relationship between consumers and traders. Finally, it was noted that in the context of e-commerce transactions, it is often difficult for the seller to identify the buyer.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"95 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Review of Law Sciences","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.51788/tsul.rols.2022.6.2./jpdd9969","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

The article used the term “low value” to identify various situations in which OArb could benefit. While this notion is highly subjective in nature, it objectifies the concept by linking it to disputes that suffer from prohibitive court costs. These are court costs that do not match the economic benefits that the requested remedy may bring to the plaintiff. According to theoretical predictions, existing ODR schemes have confirmed the assumption that OArb potential goes beyond disputes arising from online consumer contracts. As for low-value B2B conflicts, three clear political reasons have been cited for including such conflicts in future regulatory initiatives in the ODR area. The first reason was that litigation, which prohibits (smaller) commercial disputes involving businesses, has an equal impact. The second reason arose from the observation that many contractual relations between commercial parties show a power imbalance similar to the contractual relationship between consumers and traders. Finally, it was noted that in the context of e-commerce transactions, it is often difficult for the seller to identify the buyer.
乌兹别克斯坦共和国在线和电子仲裁立法的发展问题及其决定的执行
文章使用“低价值”一词来确定OArb可能受益的各种情况。虽然这一概念在本质上是高度主观的,但它通过将其与遭受高昂法庭费用的争端联系起来,使这一概念客观化。这些是与所请求的救济可能给原告带来的经济利益不相称的法庭费用。根据理论预测,现有的ODR方案已经证实了OArb潜力超出了在线消费者合同引起的争议的假设。至于低价值的B2B冲突,在未来ODR领域的监管举措中纳入此类冲突有三个明确的政治原因。第一个原因是,禁止涉及企业的(较小的)商业纠纷的诉讼具有同等的影响。第二个原因来自于观察到许多商业当事人之间的合同关系表现出类似于消费者和贸易商之间的合同关系的权力不平衡。最后,需要指出的是,在电子商务交易的背景下,卖方往往很难识别买方。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信