Strong consumer protection under EU law restricts the use of arbitration for the resolution of consumer disputes. Consumers require a fair, independent, quick and cheap solution to their complaints in the B2C context. Traditional commercial arbitration does not offer a quick and cheap solution, while online arbitration of consumer disputes raises questions about fairness and independence. Moreover, in either context, the requirements of EU law create obstacles to the validity of the arbitration agreement and enforceability of the arbitral award. Faced with this dilemma, various initiatives of the EU have been launched to facilitate out-of-court settlement of B2C disputes. This article explores the EU legislative framework and ECJ jurisprudence, and analyses a number of substantive and procedural challenges to arbitration of B2C disputes, as well as aspects of a variety of dispute resolution methods offered and recommended to solve B2C disputes.
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your Elgar Online account
-
Front Matter
-
PART I: THE PRE- AND THE POST-AWARD STAGE IN INTERNATIONAL COMMERCIAL ARBITRATION VIS-À-VIS EU LAW AND THE EUROPEAN ATTITUDE TOWARD ANTI-SUIT RELIEF
-
PART II: SELECTED AREAS OF INTERSECTION BETWEEN EU LAW AND INTERNATIONAL COMMERCIAL ARBITRATION
-
PART III: INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT ARBITRATION AND EU LAW
