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The impact of EU law in the ADR landscape in Italy, Spain and the UK: time for change or missed opportunity?

journal contribution
posted on 2015-09-15, 10:33 authored by Pablo Cortes
This paper examines the transformation of the consumer redress landscape in the EU and the impact that the Alternative Dispute Resolution Directive 2013/11/EU will have on three radically different redress cultures: Italy, Spain and the UK. In particular, this paper critically analyses the current regulation of the main ADR schemes and proposes key changes to improve the provision of redress in these jurisdictions. The paper also examines how these schemes can ensure an adequate coverage in the provision of consumer redress by fleshing out the procedural grounds set in the Directive upon which ADR entities can rely when refusing to deal with a consumer complaint. It argues that while the Directive creates an opportunity to increase the availability and awareness of quality ADR entities, it also poses the risk of undermining consumer trust in the whole ADR system if greater competition between ADR entities leads to forum shopping, traders refuse to participate in ADR processes and if procedural restrictions are not adequately monitored.

History

Citation

ERA Forum, 2015, 16 (2), pp. 125-147

Author affiliation

/Organisation/COLLEGE OF ARTS, HUMANITIES AND LAW/School of Law

Version

  • AO (Author's Original)

Published in

ERA Forum

Publisher

Springer Verlag

issn

1612-3093

eissn

1863-9038

Copyright date

2015

Available date

2015-09-15

Publisher version

http://link.springer.com/article/10.1007/s12027-015-0388-x

Language

en

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