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The New Regulatory Framework for Consumer Dispute Resolution$
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Pablo Cortés

Print publication date: 2016

Print ISBN-13: 9780198766353

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198766353.001.0001

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The Consumer Arbitration Conundrum

The Consumer Arbitration Conundrum

A Matter of Statutory Interpretation or Time for Reform?

(p.65) 3 The Consumer Arbitration Conundrum
The New Regulatory Framework for Consumer Dispute Resolution

Pablo Cortés

Oxford University Press

This chapter examines the legal status of consumer arbitration in the UK and under European and international law. The chapter notes that while the Unfair Terms Directive mainly restricts the validity of pre-dispute arbitration to statutory bodies, the ADR Directive requires CADR bodies seeking European certification to offer consumers arbitration only once a dispute has arisen. This chapter suggests that since the ADR Directive has eroded the limited exceptions of pre-dispute arbitration clauses, the time seems ripe to bring greater clarity to the validity of consumer arbitration clauses at both national and international level. Accordingly, the chapter concludes by recommending that the Unfair Terms Directive be amended to make pre-dispute arbitration clauses clearly non-binning for consumers.

Keywords:   arbitration, consumer redress, ADR, ODR, CADR, unfair terms

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