The Role of Consumer ADR in the Administration of Justice :New Trends in Access to Justice under EU Directive 2013/11

Publication subTitle :New Trends in Access to Justice under EU Directive 2013/11

Author: Stürner; Michael Gascón Inchausti; Fernando Caponi; Remo  

Publisher: sellier european law publishers‎

Publication year: 2014

E-ISBN: 9783866536098

Subject: D913.99 商法(总论);D996 International Economic Law

Keyword: 国际经济法,商法(总论),法律

Language: ENG

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Description

Consumer ADR in the Landscape of Adjudication

The landscape of alternative dispute resolution in consumer cases (CADR) is about to change profoundly. With the advent of Directive 2013/11/EU on alternative dispute resolution (ADR) and Regulation (EU) No 524/2013 on online dispute resolution (ODR) a new way to settle disputes is advocated as a tool to enhance the internal market. The ADR system implemented by these instruments is designed to provide for speedy and low-cost out-of-court dispute settlement procedures between consumers and traders arising from the sales of goods and services. However, many questions remain open, namely the impact of the CADR system on the adjudication by state courts. The role CADR can play in the administration of justice is yet to be defined. In the present volume renowned experts of civil procedure and ADR shed light on a newly emerging branch of law.

Chapter

ADR and Adjudication by State Courts: Competitors or Complements?

Specific Problems of Cross-Border Consumer ADR: What Solutions?

A Conflict-of-Laws Approach for Cross-Border ADR?

Consumer ADR – Academia and the Field

II. Institutional Aspects of Consumer ADR

Impartiality and Independence of the Persons Entrusted with Consumer ADR

The Role of ADR Institutions: Mere Secretariat or Supervisory Body – Lessons Learned from Institutional Arbitration

Linking ADR Discourses – Nine Lessons learned from Mediation Development for the Implementation of the EU Directive on Consumer ADR

III. Consumer ADR Proceedings and Result

On Minimum Standards in Consumer ADR

Agreements Resulting from Mediation: Judicial Review, Avoidance, and Enforcement

IV. The Wider Picture

Long Term Commercial Contracts and the Need for Relational Intelligence

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