2008 Alqudah M. A. PhD.pdf (1.37 MB)
Consumer Confidence in Online Cross-Border Business-to-Consumer Arbitration.
thesisposted on 2009-01-21, 10:26 authored by Mutasim Ahmad Alqudah
The present thesis argues that the current legal framework regulating online cross-border business-to-consumer arbitration reduces the consumer confidence in online arbitration. The analysis focuses on the law applying to online cross-border business-to-consumer arbitration in England and on the U.S. Federal level, as these are identified as main emerging legal systems in this field. The main points in support of the above argument are as follows: First, the current rules do not oblige the business to notify the consumer about the existence of the arbitration clause in the B2C e-commerce contract. Second, the current choice of law rules applicable to online cross-border B2C arbitration do not ensure the consumer that he will enjoy the protection awarded to him under the law of his country of domicile. Third, the current jurisdiction rules applicable to online B2C arbitration do not give the consumer the right to litigate disputes related to online arbitration agreements and processes in the Courts of his country of domicile. Fourth, the current rules governing the online arbitral procedures do not promote the consumer perception of fairness. Finally, this thesis concludes that consumer confidence is essential for the success of this form of electronic dispute resolution, and that it can be increased by the adoption of an international convention which resolves all the above mentioned problems.
Supervisor(s)Anderson, Camilla Baasch
Date of award2008-12-01
Awarding institutionUniversity of Leicester