Book contents
- Frontmatter
- Contents
- List of illustrations
- List of tables
- Table of cases
- Table of UK statutes
- Table of UK statutory instruments
- Table of European Communities legislation and documents
- Table of foreign statutes
- Table of treaties and conventions
- Acknowledgements
- List of abbreviations
- 1 Introduction
- 2 The concepts of fairness
- 3 Internet disputes
- 4 ADR and applicable law
- 5 ODR and access
- 6 Arbitration and due process
- 7 Internet disputes and fair arbitration
- 8 A model of dispute resolution for the Internet
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 30 November 2009
- Frontmatter
- Contents
- List of illustrations
- List of tables
- Table of cases
- Table of UK statutes
- Table of UK statutory instruments
- Table of European Communities legislation and documents
- Table of foreign statutes
- Table of treaties and conventions
- Acknowledgements
- List of abbreviations
- 1 Introduction
- 2 The concepts of fairness
- 3 Internet disputes
- 4 ADR and applicable law
- 5 ODR and access
- 6 Arbitration and due process
- 7 Internet disputes and fair arbitration
- 8 A model of dispute resolution for the Internet
- Bibliography
- Index
Summary
It is the year 1532. Michael Kohlhaas, described as an honest and law-abiding Brandenburg merchant, is on his way with his merchandise to an important trade fair, across the border, in the town of Leipzig. Unfortunately, he does not get beyond the border post to Saxony as the local squire has two of his horses seized and beats up his stable boy. Michael Kohlhass misses the fair and loses the opportunity to sell his merchandise. He seeks redress against the squire's arbitrary and unlawful conduct: however, the local court in the principality denies him any form of civil remedy. In his frustration, he gathers a gang of rebels and seeks revenge. He starts to burn down and pillage houses in the Saxon squire's town and eventually commits murder. As the story progresses, Michael Kohlhaas' crusade becomes more and more excessive. He loses his wife, his possessions and finally his life when he is arrested and executed some eight years later.
The story of Michael Kohlhaas and his frustrated quest for justice are proverbial in Germany, and reflect how, in an extreme case, an unresolved dispute can slowly and incrementally escalate to a cross-border bloodshed. If he had obtained a remedy at the outset, the bloodshed and destruction in the story could have been avoided. This story is relevant to the Internet, since the Internet brings a variety of persons interacting from different countries into conflict with each other, sometimes without access to redress through the state courts.
- Type
- Chapter
- Information
- Cross-border Internet Dispute Resolution , pp. 1 - 3Publisher: Cambridge University PressPrint publication year: 2009