Resolving Mass Disputes
ADR and Settlement of Mass Claims
Edited by Christopher Hodges and Astrid Stadler
Chapter 13: Online dispute resolution in the EU and beyond – keeping costs low or standards high?
Julia Hörnle
Extract
European consumer protection law is currently being widened to add Online Dispute Resolution (ODR) into the toolbox of European consumer redress. The European institutions are currently adopting a Directive on ADR and a Regulation on ODR based on Article 169 (1) and 169 (2) (a) of the TFEU. The proposed Directive on ADR is discussed further in Chapter 10. Cross-border Online Dispute Resolution (ODR) has extensively been discussed since at least 2000 in academic, theoretical literature as a kind of magic bullet solution for redress in international e-commerce, particularly for consumer disputes at the lower value end. Now, some 12 years later ODR has been firmly entrenched on the agenda of policy makers: both the EU and UNCITRAL have recently issued proposals on creating ODR systems for solving e-commerce disputes. The main focus of this chapter is to analyse the new proposed EU regime supporting and regulating ODR. However, this has to be placed in the context of the discussions of and proposals for ODR at UNCITRAL, which this chapter will discuss first. By comparing and contrasting the UNCITRAL proposals with those of the EU, the differences in approach will become evident.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.