The burden of proof in disputes between sellers and marketplaces: A comparative analysis of Russian and American approaches

The article examines the issue of the burden of proof in disputes between sellers and marketplaces. The explosive growth of e-commerce has transformed these entities into key economic actors, but at the same time, it has generated a new, understudied area of legal conflicts between platforms and millions of sellers. The relevance of the topic is dictated not so much by the fact of these disputes themselves, but by the existing information and resource asymmetry, where the outcome of a case is often predetermined by the fundamental question of upon whom the court places the burden of proof. The aim of the article is to conduct a comparative legal analysis of approaches to the allocation of this burden in disputes between sellers and marketplaces in Russian and American jurisdictions. The author concludes that the Russian unified but vague approach is less effective. As recommendations, the work proposes moving away from a single model and legislatively establishing a differentiated legal status for marketplaces, directly linking the scope of their liability and, consequently, the burden of proof, to the degree of their actual economic participation in the transaction—from a passive "bulletin board" to a full-fledged fulfillment operator. The presented materials will be of interest to practicing lawyers working in e-commerce, researchers focused on digital law issues, and representatives of regulatory bodies shaping modern legislation in the field of electronic commerce.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-12-31
DOI
https://doi.org/10.5281/zenodo.17866328
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
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article

The burden of proof in disputes between sellers and marketplaces: A comparative analysis of Russian and American approaches

Zenodo (CERN European Organization for Nuclear Research)
Digital Transformation in Law
article

The burden of proof in disputes between sellers and marketplaces: A comparative analysis of Russian and American approaches

article en

Abstract

The article examines the issue of the burden of proof in disputes between sellers and marketplaces. The explosive growth of e-commerce has transformed these entities into key economic actors, but at the same time, it has generated a new, understudied area of legal conflicts between platforms and millions of sellers. The relevance of the topic is dictated not so much by the fact of these disputes themselves, but by the existing information and resource asymmetry, where the outcome of a case is often predetermined by the fundamental question of upon whom the court places the burden of proof. The aim of the article is to conduct a comparative legal analysis of approaches to the allocation of this burden in disputes between sellers and marketplaces in Russian and American jurisdictions. The author concludes that the Russian unified but vague approach is less effective. As recommendations, the work proposes moving away from a single model and legislatively establishing a differentiated legal status for marketplaces, directly linking the scope of their liability and, consequently, the burden of proof, to the degree of their actual economic participation in the transaction—from a passive "bulletin board" to a full-fledged fulfillment operator. The presented materials will be of interest to practicing lawyers working in e-commerce, researchers focused on digital law issues, and representatives of regulatory bodies shaping modern legislation in the field of electronic commerce.

Zenodo (CERN European Organization for Nuclear Research)
MP Biomedicals (United States) (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 29%
Digital Transformation in Law
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