Work

Building a Global Redress System for Low-value Cross-border Disputes

Year: 2013

Type: article

Abstract: This article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.

Source: International and Comparative Law Quarterly

DOI: 10.1017/s0020589313000109

Authors: Pablo Cortés, Fernando Esteban de la Rosa

Institutions: University of Leicester, Stanford University, Universidad de Granada

Language: English

Topic: Dispute Resolution and Class Actions

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

OpenAlex ID: W2076619772