First, this article proposes that the rise of the Internet and further information- and communication technologies (ICT) has facilitated the evolution of a new, virtual form of relational contracts. This hypothesis is developed inductively by drawing on the results of an explorative empirical...

In recent years, the age-old practice of parties appointing "their own" arbitrators to tribunals has come under attack by those who claim that party-appointed arbitrators inject bias into a tribunal that is supposed to be impartial. Various empirical studies seem to have confirmed the...

As businesses and other entities have sought to collect more personal data on individuals, the public has pushed back, and lawmakers throughout the United States and elsewhere have responded by passing data protection laws. Recent data protection laws passed by the European Union and by several...

It is in the best interests of the maritime industry and the arbitrators’ fraternity to ensure that the ADR forums provide finality and an effective resolution of the disputes submitted to the arbitral tribunals. The procedural misconduct or serious irregularities may surface at early stages...

In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...

This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...

In the hundred years before the United States Supreme Court declared miscegenation statutes unconstitutional in Loving v. Virginia, state courts decided thirteen recorded race-based annulment cases. This article presents a unified analysis of all race based annulment cases for the first time....

The digitalisation of markets and the economy has brought new challenges to public enforcement since the same company behaviour can fall within the competence of different authorities (e.g. competition, data protection and consumer authorities). When different authorities intervene...

The paper discusses alternative dispute resolution (ADR), online dispute resolution (ODR) and focuses on blockchain-based solutions. The paper provides a distinction between “blockchain-based” and “decentralized” dispute resolution, as well as a case study that highlights the process of...