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20 Int'l Trade & Bus. L. Rev. 1 (2017)
Consumer Dispute Settlement in the European Union and the United States

handle is hein.journals/itbla20 and id is 13 raw text is: CONSUMER DISPUTE SETTLEMENT IN THE EUROPEAN UNION AND THE UNITED STATES ANASTASIA KONINA* Abstract Consumer Protection Law - European Union - United States Alternative Dispute Resolution - Online Dispute Resolution - Unfair Contract Terms - Fundamental Rights - Right to a Fair Trial - Access to Courts - Business to Consumer Contracts This article addresses different approaches to the settlement of disputes between consumers and merchants that exist under the European and the United States ('US') law. It examines the different understanding of the freedom of contract in these legal systems. Based on this theoretical premise, it analyses legal foundations for the limits on arbitration clauses in consumer contracts under the European Union law. The article uses comparative law methodology in order to explain why these limits do not exist under the US law. Finally, it suggests a way to reconcile the two approaches through policing of unconscionable arbitration clauses. I INTRODUCTION Recent years have witnessed the increase of alternative dispute resolution mechanisms as well as the privatisation of enforcement institutions and regimes in several areas of European law, including consumer law. With the changes to the European Union consumer protection law brought by the Regulation on Consumer Online Dispute Resolution ('ODR Regulation')' and the Directive on * Bachelor of European and International Law (Hons) (Moscow State University of International Relations), LLM in International and Comparative Law (University of Pittsburg School of Law), Law Clerk at Obermayer, Rebmann, Maxwell & Hippel LLP, Pittsburgh, Pennsylvania.

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