Dispute Resolution in Cyberspace: A Futuristic Look at the Possibility of Online Intellectual Property and E-Commerce Arbitration

• Jurisdiction: South Africa
• Pages: 199-208
• Date: 03 September 2019
• Citation: (2000) 12 SA Merc LJ 199
• Author: Eddie Hurter
• Published date: 03 September 2019

Dispute Resolution in Cyberspace:

A Futuristic Look at the Possibility

of Online Intellectual Property and

E-Commerce Arbitration

EDDIE HURTER

University of South Africa

1 Introduction

Modern society, dynamic and forever changing, buzzing with words

like internationalization and globalization, presents new challenges

emphasized by rapid universal modernization. The future predicts a

knowledge-based society built on the foundation of a global networked

information community, a world economy without conceivable bound-

aries. South Africa, still struggling with its metamorphosis to a model

democracy, now faces the new and equally crucial challenge of being part

of the global evolutionary process.

The Internet is a relatively new global phenomenon set to propel

society into a new era. Predicting the magnitude and scope of significant

future developments and trends (in the virtual world) is something not

even Nostradamus would attempt, save for saying that it will be

staggering.

Venturing into this black hole of possibilities and uncertainties called

cyberspace is as exciting as it is daunting. Every conceivable aspect of

society as we know it, whether in a corporate, commercial, governmental

or personal sphere, will be subject to fundamental change. It is of

paramount importance, considering South Africa's history of isolation,

that we keep abreast of new developments and trends and start playing a

more progressive role in the global community; we should not merely

react to the pressure of circumstances.

The velocity of development and the pace of technological advance-

ment leaves the legal fraternity with little or no choice but to seek

workable solutions for future demands by sculpting a legal landscape to

meet the needs of society in the next century. E-commerce is set for

colossal growth and is increasing exponentially. As a direct and

unescapable consequence there will be an explosion in the number of

disputes arising from contracts concluded online, ranging from the day-

to-day purchasing of consumer goods to multi-national, multi-million

rand corporate contracts.

Current legal conventionalities, procedures, and rules will soon be

found wanting. Dispute resolution is an integral factor needed to ensure

that the world economic clock keeps on ticking. It is odd, then, that both

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(2000) 12 SA Merc LJ 199

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