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.