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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?