El arbitraje y la mediación como medios extrajudiciales para la solución de conflictos vinculados al comercio electrónico y al Derecho de la Moda

Resum

In this paper we analyse the current reasons why operations linked to e-commerce and the world of fashion are booming, through the development of the concept of the liquid society. We will then explain how these relationships can lead to conflicts in the fashion sector and how they raise a number of procedural questions that need to be addressed. Thus, we will devote the second part of our study to focus on two procedural aspects: how to prove these online generated disputes and what is the best method of resolution to deal with the dispute and offer an effective solution. The research will then focus on analysing the figure of electronic evidence, while offering a conceptualisation and typology of the same, as well as its procedural framework. Finally, we will devote a section to the analysis of electronic alternative dispute resolution (ADR) methods, with special reference to arbitration and electronic mediation, as well as to automated or agent-assisted negotiations and artificial intelligence, as the case may be