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Releasing the Potential for a Value-Based Consumer Arbitration under the Consumer ADR Directive
journal contribution
posted on 2023-07-26, 14:58 authored by Youseph Farah, Leonardo Valladares Pacheco de OliveiraThis article identifies the tension between the public and the private nature of arbitration and analyses how this tension prevents consumer arbitration of fulfilling important public functions. We conclude that the EU should thrive to introduce a system which facilitates justice for consumers, i.e., a system of dispute resolution which is committed to procedural and substantive public policy. The latter should be preferred over a system which is primarily concerned with the resolution of disputes between businesses and consumers however efficient and fair that system may be.
History
Refereed
- Yes
Volume
24Issue number
1Page range
117-141Publication title
European Review of Private LawISSN
0928-9801Publisher
Kluwer Law InternationalLanguage
- other
Legacy posted date
2020-04-27Legacy Faculty/School/Department
ARCHIVED Faculty of Arts, Law & Social Sciences (until September 2018)Usage metrics
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