The New Regulatory Framework for Consumer Dispute Resolution

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Pablo Cortés (Professor of Civil Justice, Professor of Civil Justice, University of Leicester School of Law)

The New Regulatory Framework for Consumer Dispute Resolution

Pablo Cortés (Professor of Civil Justice, Professor of Civil Justice, University of Leicester School of Law)

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English

Oxford University Press
15 December 2016

Arbitration, mediation & alternative dispute resolution; Consumer protection law

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Edited by: Pablo Cortés (Professor of Civil Justice Professor of Civil Justice University of Leicester School of Law)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 253mm, Width: 179mm, Spine: 34mm
Weight: 1.068kg
ISBN: 9780198766353
ISBN 10: 0198766351
Pages: 500
Publication Date: 15 December 2016
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction Part I 1: PABLO CORTÉS: The New Landscape of Consumer Redress: The European Directive on Consumer Alternative Dispute Resolution and the Regulation on Online Dispute Resolution 2: PABLO CORTÉS & RAFAL MANKO: Developments in European Civil Procedures 3: PABLO CORTÉS: The Consumer Arbitration Conundrum: A Matter of Statutory Interpretation or Time for Reform? 4: SUE PRINCE: Access to court?

Pablo Cortés is Chair in Civil Justice at the University of Leicester. He conducts research in the field of consumer law, civil procedure, ADR, and ODR. He has advised the European Commission during the drafting of the ODR Regulation and ADR Directive and has been invited to write reports and to participate in expert meetings by the UN Commission on International Trade Law (UNCITRAL Working Group-III ODR), the European Commission Directorate-General for Health & Consumers (DG SANCO) and Justice (DG JUST) as well as by the European Parliament Internal Market and Consumer Protection Committee (IMCO), and the Legal Affairs Committee (JURI). Pablo serves on the advisory board of NetNeutrals and Youstice. He is a fellow of the National Centre for Technology and Dispute Resolutions (University of Massachusetts, Amherst) and in 2012 he was a Gould Research Fellow at Stanford University.

Reviews for The New Regulatory Framework for Consumer Dispute Resolution

...Arbitrators, mediators and yes, lawyers will find this book not only an absorbing and enlightening read, but a useful and certainly voluminous source of references for further research. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers *