Ars Boni

Ars Boni 592 Streitbeilegung mit Plattformen (Prof. Dr. Burkhard Hess)

Oct 2, 2025
In a captivating chat, Prof. Dr. Burkhard Hess, a procedural law expert from the University of Vienna, dives into the complexities of Alternative Dispute Resolution (ADR) within the Digital Services Act. He highlights four megatrends shaping dispute resolution: globalization, privatization, digitalization, and collectivization. The discussion reveals how platforms navigate rules and manage disputes, raising concerns about ADR independence and funding. Hess emphasizes the need for careful oversight and strong public enforcement to ensure fair rights protection across the EU.
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ANECDOTE

Hague Academy Teaching Experience

  • Burkhard Hess taught a three-week course at The Hague Academy about international dispute resolution in the 21st century.
  • He framed the course around 25 years of trends and practical changes since 2000.
INSIGHT

Four Megatrends Shaping Disputes

  • Platforms combine globalization, privatization, digitalization and collectivization to reshape dispute resolution.
  • These trends make platform conflicts global, digital, collective and largely handled by private actors.
INSIGHT

Platforms As Private Regulators

  • Platforms act like private regulators by creating and enforcing detailed community rules.
  • This privatization shifts core rights decisions away from state justice into platform-controlled processes.
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