B2C Arbitration: Consumer Protection in Arbitration

B2C Arbitration: Consumer Protection in Arbitration

Number of page: 554
Author: Alexander J. Belohlávek
Publisher: Juris Publishing, Inc.
Rating:
Category: Law

 Consumer protection has become a phenomenon of the past years and the n combination of consumer protection and arbitration is especially nsensitive. Some countries experience tens of thousands of consumer narbitrations each year while others significantly limit or even entirely n exclude arbitration in consumer disputes. Many countries have undergone n certain reforms in consumer disputes, the main objective of which is nthe protection of consumers in arbitration. The controversial variable nis the degree of protection to be afforded to the consumer, both under nthe applicable substantive law and in procedural terms. These are the nmain issues addressed in this book. Apart from the key topic, the author n has extensively elaborated on certain fundamental categories such as npublic interest and public policy (all primarily in connection to the nprocedural mechanisms of consumer protection); he has also analyzed the napplicable European law and the case law of the ECJ and offered an noverview of the individual systems employed in both European and nnon-European countries (especially the USA and Canada). An integral part n of this book is an extensive comparison and analysis of the voluminous ncase law (several tens of decisions), with reference to more than three nhundred other available court decisions. The book also focuses on the nposition of the consumer in the individual procedural stages, the nintervention of courts in arbitration motivated by consumer protection, nthe individual stages of proceedings, recognition and enforcement of narbitral awards rendered in consumer disputes, both in domestic context nand in the international milieu etc .nThe international practice significantly influences n the domestic environment in the individual countries. The key issue in nthe EU countries is, in principle, the enforcement of EU standards which n influence the domestic models of consumer protection, primarily in nconnection with the autonomous EU interpretation of a number of ninstitutions. Many related issues have not yet been addressed in the ncase law of certain states. In fact, some of them have never even been ndiscovered. Besides, the enforcement of foreign arbitral awards nrequires, inter alia, the compliance with extra-EU international nobligations binding on the individual states. And finally, arbitration nis not regulated by the EU law, as opposed to consumer protection .nNaturally, arbitration is to a significant extent regulated by ninternational law. This results in conflicts between national, ninternational interpretation and interpretation pursuant to the EU law, nwhere the circumstances allow to apply the EU law .nThis book is intended for all readers who have any nexperience with enforcement of consumer rights, as well as for all nprofessionals dealing with arbitration in general. It is therefore nintended for general legal practitioners, lawyers, primarily narbitrators, of course, but also for judiciary dealing with civil nmatters in the broadest sense. Apart from a voluminous case law, the nbook quotes from a number of domestic and foreign sources and, above nall, offers a long list of structured bibliography and detailed subject nindex, as well as a table of states, table of cases and list of legal nsources. It is therefore not only an important tool for the practice, nbut also a useful instrument for academics (lawyers as well as other nprofessionals).

About The Author

Alexander Bělohlávek is Founder and Senior Partner of
The Bělohlávek Law Offices, Prague. He is a Member of the International
Court of Arbitration at the International Chamber of Commerce (ICC) in
Paris as well as Member of the ICC Commission on International
Arbitration and a Member of the National Committee of the ICC in the
Czech Republic. He has acted as arbitrator or counsel in more than 170
international arbitrations and is listed as arbitrator with the
international arbitral centers of several economic chambers in Central
Europe. He has published numerous books and articles on arbitration and
business law.