Building a Global Redress System for Low-Value Cross-Border Disputes
Pablo Cortés (Senior Lecturer in Law, University of Leicester and 2012 Gould Research Fellow at Stanford University), Fernando Esteban de la Rosa (Professor in Law, Universidad de Granada)
International and Comparative Law Quarterly, Volume 62, Issue 02, April 2013, pp. 407-440
This article examines UNCITRAL's draft Rules for Online Dispute Resolution (ODR) and argues that in low-value e-commerce cross-border transactions, the most effective consumer protection policy cannot be based on national laws and domestic courts, but on effective and monitored ODR processes with swift out-of-court enforceable decisions. The draft Rules propose a tiered procedure that culminates in arbitration. Yet, this procedure neither ensures out-of-court enforcement, nor does it guarantee compliance with EU consumer mandatory law. Accordingly, this article argues that the draft Rules may be inconsistent with the European approach to consumer protection.