Conflicts in Cyber Space

Disputes occur - whether in real life, or in the online "virtual" world. The question arises - What court or other tribunal may and should resolve a particular controversy?

First, the plaintiff and the defendant in a cyberspace dispute often reside in different countries. Indeed, the defendant's only contact with the jurisdiction in which the plaintiff is inclined to bring suit is likely to consist of having made his or her website available to computer users there. Second, speed is often especially important in resolving Internet-related controversies. The slow pace of most court proceedings is ill suited to such controversies -- creating unusually strong incentives for the identification or creation of alternative fora. Third, many cyberspace disputes raise novel issues of substantive law and of technology -- issues that frequently perplex courts of general jurisdiction. Thus, the pressure for finding some alternative (more specialized or more flexible) forum for resolving such disputes increases.

The term, "Alternative Dispute Resolution" (ADR), refers to a miscellaneous collection of techniques -- most notably, arbitration, mediation, and negotiation -- that in some contexts have proven to be more efficient and arguably more fair in resolving controversies than traditional forms of litigation and adjudication. A rapidly growing group of organizations are now employing the Internet to offer ADR services -- both for "real-space" disputes and for Internet-related disputes.

• http://www.clicknsettle.com/,
• http://www.cybersettle.com/,
• http://www.disputes.org/,
• http://www.eresolution.ca/,
• http://www.i-courthouse.com/,

Once a tribunal has been selected, the next question is: what body of substantive law should be use to resolve the controversy. As previous modules have shown, the laws in force in different countries pertaining to the Internet vary considerably. Thus, the choice of law often matters. In the United States, the meta-doctrine that determines which substantive law should be applied in known as conflict of laws. In other countries it is more likely to be called "private international law". This is a notoriously unstable, shifting field of doctrine, characterized by warring principles or tests. Some of the major contending principles include the ‘the most significant relationship’ test, the ‘center of gravity’ approach, and the ‘interest’ approach.