The use of technology in dispute resolution mechanism can be viewed from two perspectives: first, as an aid in the conventional dispute resolution system, and second, as an online dispute resolution mechanism via the Internet. Online dispute resolution (ODR) is transforming the way disputes are being resolved, in particular, in business to consumer (B2C) transactions. ODR offers a more successful means of resolving e-commerce disputes. In fact, there is a new move by the Malaysian judiciary to transform its court system. Previously, the judiciary has been very conventional in its administration of justice, and the system is said to be slow and outdated. The court system in Malaysia has been frequently criticised because of its dilatoriness in resolving disputes, resulting in a large backlog of cases. To overcome these problems, the judiciary has introduced a new system called the e-court. New methods including as e-filing, electronic case management, queue management, and court recording and transcribing form the complete e-court mechanism.
Globally as part of the economy, the widespread current practice of recent massive standardized large-scale contracts has expanded the oppression of consumers. Consumer interests and rights have become abused due to exemption clauses in these contracts that include terms that are unfair. These additions reveal an increase in consumer rights and interests having been abused. Corporate accountability and integrity in the field of consumer protection should be reviewed. This study illustrates that the development of exemption clauses has assisted in market failure and consumer rights have become abnegated. The research has been carried out through the application of content analysis methodology mainly centered around the review of the literature. It also examines consumer contract exemption clauses from their legal position in selected countries including Malaysia. A valuable tool to ensure corporate accountability and integrity is the application of legal methods. Using these should assist in rectifying market imperfection. This paper aims to show an approach to exemption clauses through the Malaysian judiciary. A solution is also proposed using legislation that echoes similar developments in other countries such as in United Kingdom, which should assist to address this area of the law by balancing the rights of consumers and corporate bodies in Malaysia. These suggestions will go hand in hand with the increase in paternalism, and the objectives of achieving sustainable development through corporate accountability and integrity. Contribution/ Originality: This study contributes to the existing literature on unfair contract terms. It adds to the debate on regulating exemption clauses in B2C transactions in Malaysia in terms of the legal analysis of legislations and case-laws.
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