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Vol 21 No 10 Oct/Nov 2016

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The New Regulatory Framework for Consumer Dispute Resolution


ISBN13: 9780198766353
To be Published: December 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform.

The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Subjects:
Consumer Law, Arbitration and Dispute Resolution
Contents:
Introduction
Part I
1: The New Landscape of Consumer Redress: The European Directive on Consumer Alternative Dispute Resolution and the Regulation on Online Dispute Resolution, PABLO CORTES
2: Developments in European Civil Procedures, PABLO CORTÉS & RAFAL MANKO
3: The Consumer Arbitration Conundrum: A Matter of Statutory Interpretation or Time for Reform?, PABLO CORTÉS
4: Access to court? SUE PRINCE
5: Ombudsman Schemes - Energy Sector in Germany, France, and the UK, NAOMI CREUTZFELDT
6: The Implementation of the Consumer ADR Directive in Belgium, STEFAAN VOET
7: The Implementation of the Consumer ADR Directive in France, EMMANUEL GUINCHARD
8: The Implementation of the Consumer ADR Directive in Germany, ROSA MIQUEL
9: The Implementation of the Consumer ADR Directive and the ODR Regulation in Ireland, BRIAN HUTCHINSON
10: The Implementation of the Consumer ADR Directive in Italy, CARLO PILIA, PABLO CORTÉS, PAOLO VARGIU
11: The Implementation of the Consumer ADR Directive in the Netherlands, ELINE VERHAGE
12: The Implementation of the Consumer ADR Directive in Portugal: The Necessary Reform or Missed Opportunity?, CÁTIA MARQUES CEBOLA
13: Challenges for the Implementation of the Consumer ADR Directive in Spain, FERNANDO ESTEBAN DE LA ROSA
14: Regulating ADR: Lessons from the UK, RICHARD KIRKHAM
15: Consumer Redress in the United States, AMY J. SCHMITZ
16: Consumer Redress: Implementing the Vision, CHRISTOPHER HODGES
17: A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution, JANE WILLIAMS AND CHRIS GILL
18: "Cross-border Consumer Redress after the ADR Directive and the ODR Regulation", GUILLERMO PALAO MORENO
19: New Trends of ADR in the European Union, GIUSEPPE DE PALO AND ROMINA CANESSA
20: Consumer ADR and Collective Redress, COSMO GRAHAM
Conclusion, PABLO CORTÉS