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31 Arab L.Q. 1 (2017)

handle is hein.journals/arablq31 and id is 1 raw text is: ARAB LAW QUARTERLY 31 (2017) 1-29 Arab Law Quarterly BRILL brill.com/alq The Enforceability of the Unfair Arbitration Agreement in Consumer Disputes before Dubai Courts Omar Husain Qouteshat University of Central Lancashire, Preston, UK OHJQouteshat@uclan.ac.uk Abstract Online transactions in the Gulf Cooperation Council (Gcc) region and particularly Dubai has undergone a phenomenal rise in recent times. However, reform is required to improve the legislation as it relates to consumer rights. Upon successful completion of online transactions, consumers often end up agreeing to unclear arbitration clauses among other terms and conditions, thereby bearing extra costs and expenses. They may also waive their right to litigate, which is a primary consideration and should be secured. This article seeks to examine current legislation and court approaches in Dubai, relating to consumer rights. Essentially, possible solutions directed at protect- ing consumers from referring to arbitration. Keywords consumer protection - arbitration - e-commerce - enforcement - United Arab Emirates 1 Introduction E-commerce poses both risks and challenges that may be addressed by includ- ing arbitration clauses in online contracts. In other words, by completing and agreeing to the terms and conditions of the online contracts, consumers might agree to an arbitration clause among the general conditions. Hence, they might be compelled to arbitrate and waive their right to take legal action © KONINKLIJKE BRILL NV, LEIDEN, 2016 1 DOI 10.1163/15730255-12341330

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