2013/04/01 by Pablo Cortés, Fernando Esteban de la Rosa
Business, Management and Accounting · Social Sciences · #Dispute Resolution and Class Actions #Conflict of Laws and Jurisdiction #Corporate Governance and Law
paper · doi:10.1017/s0020589313000109
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.