Dispute resolution in e-commerce: a dilemma in the access to justice

Abstract

Commerce has the ability to be conducted electronically without the transacting parties being in the same place at the same time, the rationale, the ideal situation is that both parties are trustworthy, acting with good faith, and where agents are involved, the fiduciary duty is adhered to. But the question is whether disputes don’t arise in a marketplace where physical interface at the time of transaction is either minimal or completely nonexistent? The answer is that disputes definitely arise in every relation that humans are involved and when it involves commerce via technology, disputes are plausible from corruption, fraud, mistake, misunderstandings or lack of meeting of the minds (consensus ad idem), failure of consideration, non-performance of contractual obligations from the foregoing, the world has advanced in regards to technology and this is not limited to warfare but to business as well. The concept of e-commerce can be attributed to the advancement of electronic communication that would make the physical presence of parties at the market stall dispensable. Interestingly, the emergency of e-commerce has redefined what a market place is, it’s common to hear phrases such as “global village” or “global market”. In the event of dispute, this paper seeks to investigate the practicality of concept of the access to justice principle both financially and geographically, who do you sue? where do you institute a claim? what’s financial implication? Can you afford?