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Alternative and Online Dispute Resolution for Cross-Border Consumer Contracts: a Critical Evaluation of the European Legislature’s Recent Efforts to Boost Competitiveness and Growth in the Internal Market

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  • Giesela Rühl

Abstract

In May 2013, the European legislature enacted two measures relating to Alternative Dispute Resolution in consumer matters: the Directive on Alternative Dispute Resolution (ADR-Directive) and the Regulation on Online Dispute Resolution (ODR-Regulation). Both measures are intended to support the out-of-court settlement of consumer disputes with a view to ensure that consumers have straight-forward and low-cost access to justice. This article analyses whether and to what extent the ADR-Directive and the ODR-Regulation manage to achieve this aim in the field of cross-border consumer contracts. It sheds light on the European legislature’s competence to regulate ADR, analyses the potential benefits of cross-border ADR, details the specific problems of cross-border ADR, and determines whether and to what extent the ADR-Directive and the ODR-Regulation resolve these problems. The article concludes that the ADR-Directive and the ODR-Regulation—while providing relief for some of the problems associated with cross-border ADR—fail to resolve the two core problems of competence and language. Accordingly, it is unlikely that the ADR-Directive and the ODR-Regulation will significantly promote cross-border ADR and enhance cross-border consumer access to justice. Copyright Springer Science+Business Media New York 2015

Suggested Citation

  • Giesela Rühl, 2015. "Alternative and Online Dispute Resolution for Cross-Border Consumer Contracts: a Critical Evaluation of the European Legislature’s Recent Efforts to Boost Competitiveness and Growth in the Internal Ma," Journal of Consumer Policy, Springer, vol. 38(4), pages 431-456, December.
    • Handle: RePEc:kap:jcopol:v:38:y:2015:i:4:p:431-456
    DOI: 10.1007/s10603-015-9296-2
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    References listed on IDEAS

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    1. Florencia Marotta-Wurgler, 2012. "Does Contract Disclosure Matter?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(1), pages 94-119, March.
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