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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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