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ERCL 2014; 10(2): 258280 Articles Norbert Reich Summary: Contractual arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent US and Canadian case law of their Supreme Courts have been used as examples. EU law has taken a mixed and to some extent limited approach in including ADR-entities `imposing' a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in Member States as a second route of access to justice. It is too early to evaluate this new and somewhat clandestine policy of the EU.The paper insists on some additional procedural guarantees should consumer arbitration schemes become more popular among Member countries, even though Directive 2013/11 already contains some `minimum protection' provisions on `specific acceptance' and applicable law. The basic reference for such additional protection seems to be Article 47 of the EU Charter of Fundamental Rights, seen together with Article 19(1) para2 TEU whereby Member States have to `provide remedies sufficient to ensure effective legal protection' of EU consumers. At the time of writing the implementation measures of Member States concerning Directive 2013/11 have to be awaited before making any final judgment as
European Review of Contract Law – de Gruyter
Published: Jun 1, 2014
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