ICLQ Cortes Esteban 13 01 2013 clean.pdf (193.99 kB)
Building a Global Redress System for Low-Value Cross-Border Disputes: An Appraisal of the UNCITRAL Rules on Online Dispute Resolution
journal contribution
posted on 2018-04-18, 14:40 authored by Pablo Cortés, Fernando Esteban de la RosaThis article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.
Funding
Some of the latter research for this paper was also made possible by the support given by the University of Leicester in granting study leave to Dr Cortés during the 2011/12 academic year.
History
Citation
International and Comparative Law Quarterly, 2013, 62 (2), pp. 407-440Author affiliation
/Organisation/COLLEGE OF SOCIAL SCIENCES, ARTS AND HUMANITIES/Leicester Law SchoolVersion
- AM (Accepted Manuscript)
Published in
International and Comparative Law QuarterlyPublisher
Cambridge University Press (CUP) for British Institute of International and Comparative Lawissn
0020-5893isbn
1471-6895Copyright date
2013Available date
2018-04-18Publisher DOI
Publisher version
https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/building-a-global-redress-system-for-lowvalue-crossborder-disputes/27F3D2DF3C29EC502537874905779CDBLanguage
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