E-commerce usually refers to a wide range of commercial trade activities around the world in the open network environment of the Internet. It is based on the application of browsers or applications, buyers and sellers do not meet each other to carry out various business activities.
If disputes arise, they can be settled by court or arbitration. The parties may resolve a contractual dispute through conciliation or mediation. If the parties are unwilling to settle the dispute or fail to settle the dispute, they may apply to an arbitration institution for arbitration in accordance with the arbitration agreement. For example, ADNDRC Panel is specialized in dispute resolution of e-commerce. On the other hand, if the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit to the court.
Common transaction disputes in e-commerce include living consumption contract disputes, production purchase and sales contract disputes, e-bank payment contract disputes, virtual property contract disputes, logistics and transportation contract disputes, tourism and leisure contract disputes and so on.
In addition to traditional mediation, there are also online dispute resolution methods. People use computer and network technology to resolve disputes in the form of ADR. Although online dispute resolution basically follows the existing forms of alternative dispute resolution, it has become a relatively independent dispute resolution method due to the use of the Internet. At present, there are four main forms of online dispute resolution, which are online settlement, online arbitration, online consumer complaint handling and online mediation.
With the development of economic globalization, the development of e-commerce transactions is more and more vigorous, and gradually replaced the traditional transaction mode. With the rapid development of e-commerce, the dispute settlement of remote shopping has encountered many difficulties under the new situation. How to solve the dispute fairly, effectively, quickly and at low cost to promote the healthy development of e-commerce has become the topic of common concern of enterprises and governments. Therefore, e-commerce transactions are constantly presenting many problems that have not occurred in traditional business disputes.
First, network information security disputes. Personal information is improperly collected, maliciously used and tampered with to disrupt the normal order of personal life and infringe on the personal and property safety of citizens frequently.
Second, Internet intellectual property disputes. The infringement of others’ intellectual property rights is the trampling and deprivation of the labor of the creators of intellectual property and the corrosive agent that harms the progress of science and technology and the prosperity of culture.
Third, it is difficult to provide evidence online. It is also difficult to preserve evidence, and it is inconvenient for the parties to preserve evidence by means of lawyers’ testimony, notarization by notary organs, and audio-visual materials made by advanced electronic equipment.
Fourth, network credit dispute. The virtual and indirect nature of the Internet makes it difficult for people to judge the identity and authority of the other party.
E-commerce has become more and more close to people’s daily life. The complexity of the Internet tends to drag people into the abyss. So we have to be vigilant, gain more understanding of the importance of network security, and protect our own information.
