Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-22T22:39:07.347Z Has data issue: false hasContentIssue false

9 - Legislating for an Effective and Legitimate System of Online Consumer Arbitration

from Part II - Arbitration, Arbitrators, Counsel and the Internet

Published online by Cambridge University Press:  12 January 2018

Maud Piers
Affiliation:
Universiteit Gent, Belgium
Christian Aschauer
Affiliation:
Karl-Franzens-Universität Graz, Austria
Get access

Summary

This chapter addresses the conflict between the restrictive and negative view often taken towards consumer arbitration and the supportive and positive view often taken towards ODR by arguing that a properly designed system of online consumer arbitration can fulfil the promise of consumer arbitration while avoiding its greatest risks. After clarifying what is meant by the term ‘online arbitration’ and addressing the important differences that exist between commercial arbitration and consumer arbitration, this chapter examines the current regulatory framework applicable to consumer arbitration, contrasting the two dominant regulatory approaches found in the European Union and the United States. Moreover, this chapter discusses the distinctive and problematic features of consumer arbitration and addresses the additional problems that can develop when consumer arbitration is undertaken in the ODR context. Lastly, this chapter considers current alternatives to online consumer arbitration and concludes by proposing four guarantees that legislators should include to ensure a fair and effective system of online consumer arbitration.

Type
Chapter
Information
Arbitration in the Digital Age
The Brave New World of Arbitration
, pp. 209 - 245
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×