The new model of a business-to-consumer arbitration for the European Union

Abstract

The suitability of arbitration as a dispute resolution mechanism for B2C disputes has aroused much interest in the recent academic literature. The relationship between arbitration and consumer protection is a complex one. On the one hand, arbitration has proved to be an effective alternative to court proceedings in business disputes. On the other hand, it has been acknowledged that arbitration might not be a viable option for the disputes involving weaker parties hence consumers. The aim of this thesis to examine what should the role of arbitration be for B2C disputes within the EU. It seeks to demonstrate that arbitration should be an ADR mechanism for B2C disputes provided that it meets certain requirements. Thus, the institutional design as well as the essential principles for the new model of B2C arbitration will be proposed.