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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: 

             UNION   AND  THE   UNITED   STATES

                      ANASTASIA KONINA*


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,

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