9780199254293

Internet Marketplaces The Law of Auctions and Exchanges Online

by ;
  • ISBN13:

    9780199254293

  • ISBN10:

    019925429X

  • Format: Hardcover
  • Copyright: 2003-06-19
  • Publisher: Oxford University Press

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Summary

Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaceswhere commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure. Professor Ramberg is well known for her expertiseand involvement in this field, and the book will prove to be useful to fellow practitioners as well as being a key reference for academics working in this area.

Author Biography


Christina Hultmark Ramberg is Professor of International Commercial Law at the Stockholm School of Economics and a member of the UNICITRAL and International Chamber of Commerce working groups on e-commerce. She has written extensively in the field of e-commerce law, and also advises governments and private law firms on the subject. Christopher Kuner is Partner at the Brussels office of Hunton & Williams, specializing in global data protection and e-commerce practices.

Table of Contents

Table of National Cases
xi
Table of European, International, and National Legislation and Conventions
xiii
Introduction
Introductory remarks
1(4)
Aim of the study
5(6)
Scope
11(9)
Method
20(6)
The transition towards the Internet marketplace and online auctions
26(3)
Effects of the transition to the online auction
29
The Relationship between Internet Marketplaces and National States
Introduction
1(3)
How the national state's power over the Internet is limited
4(2)
The relationship between the Internet marketplace and the national state
6(19)
Abuse of autonomy
25(9)
Democracy in Internet marketplaces
34(7)
Future regulation of Internet auctions and exchanges
41(7)
Summary and conclusion
48
Efficient Norm Design in the Internet Marketplace
Introduction
1(2)
Using the participants in the marketplace as monitors
3(1)
Using the national state as the monitor
4(2)
Using the marketplace operator as the monitor
6(3)
How the new means of monitoring affect the design of norms
9
Different Types of Auctions and the Legal Definition of Auction
Introduction
1(6)
A short description of some types of auctions
7(28)
The legal definition of auction
35(62)
Final remarks as to the legal definition of auction
97
Definition of the Term `Exchange' in Law
Introduction
1(1)
The semantic approach
2(3)
The functional approach
5(8)
Final remarks as to the legal definition of `exchange'
13
The Applicable Law
Introduction
1(1)
The equal treatment concern
2(3)
Lex loci contractu
5(3)
The centre of gravity test
8(2)
The country of destination principle
10(4)
Private international law and party autonomy
14(4)
International instruments advisable to refer to as a supplement to national law
18(3)
Conclusion
21
Membership Terms and Conditions of Sale
Introduction
1(6)
The multilateral nature of the membership terms
7(3)
Incorporation of membership terms and conditions of sale
10(10)
Interpretation of membership terms and conditions of sale---rigor commercialis
20(3)
Incomplete contracts and gap filling
23(3)
Changes in the conditions of sale or membership terms
26(8)
The relationship between conditions of sale and technological solutions
34(8)
The membership terms and conditions of sale as a means of avoiding disputes
42(4)
Particularly about the conditions of sale
46(3)
Issues to be addressed in the conditions of sale or membership terms
49(9)
Summary
58
Withdrawal and Cancellation of Invitations and Bids
Introduction
1(11)
Withdrawal by the invitor
12(33)
Withdrawal by the bidder
45(18)
Cancellation by either party after the auction has ended
63(16)
Sent, dispatched, received
79
Mistake in Expression
Introduction
1(13)
General solutions on mistake---a short comparative survey
14(5)
Solutions in law to mistake in the electronic environment
19(4)
A conclusion as to the new trend
23(1)
Mistakes in auctions and exchanges online
24(17)
Mistakes relating to the understanding of terminology
41(2)
The liability of the marketplace for mistakes
43(2)
Conclusion
45
Determination of the Winning Bid and the Price
Introduction
1(1)
The winning bid
2(5)
The price to pay
7
Confirmation by Third Parties
The problem
1(1)
Examples in national law
2(1)
Solutions in the conditions of sale or membership terms
3
Illegal Transactions
Transactions forbidden in national law
1(5)
Ownership---transactions in stolen goods
6
Settlement
Introduction
1(1)
Credit risks
2(7)
Place of delivery
9(2)
Transfer of title and retention of title
11
Information
Introduction---generally about information in marketplaces
1(4)
Information related to the quality of the object
5(11)
Information related to the trade---transparency about price, quantity, and bids
16(12)
Information on the matters
28(10)
Checklist for types of information
38
Price Manipulation
Introduction
1(1)
Phantom bids (`puffing' or `shilling')
2(4)
Actions destroying the flow
6(2)
Auction rings and collusion
8(8)
Bid shielding
16(1)
Fraudulent outsiders
17
Effects of Breach and Potential Breach: Exclusion, Ratings, and Fees
Introduction
1(8)
Initial approval of participants
9(7)
Rating, blacklisting, and whitelisting
16(10)
Fees
26(5)
The liability of the marketplace operator for wrongful access denial, rating, fining, or exclusion
31(9)
The liability of the marketplace operator failing to take measures against participants breaking the rules
40
The Operator's Liability in Case of Inaccessibility
The problem
1(3)
The cause of inaccessibility
4(3)
The operator's liability for best effort, force majeure, and the amount of damage
7(5)
Effects on the price-setting mechanism
12(2)
Final remarks
14
Dispute Resolution
The importance of preventing disputes
1(4)
Institutionalized arbitration, ad hoc arbitration, and mediation
5(5)
The risk of partiality
10(3)
Costs
13(1)
Quick justice as compared with the right to a fair trial
14(3)
Enforcement
17(4)
Publication of arbitral awards
21(1)
Effects during the dispute resolution
22(2)
Summary
24
Final Remarks
1(202)
Bibliography 203(4)
Index 207

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