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Author: Pablo Cortés
Publisher: Cambridge University Press
ISBN: 110854696X
Category : Law
Languages : en
Pages : 329
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Book Description
This book advances the emergence of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.
Author: Pablo Cortés
Publisher: Cambridge University Press
ISBN: 110854696X
Category : Law
Languages : en
Pages : 329
Get Book Here
Book Description
This book advances the emergence of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.
Author: Pablo Cortés
Publisher: Cambridge University Press
ISBN: 1107079004
Category : Business & Economics
Languages : en
Pages : 329
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Book Description
This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.
Author: Cortés, Pablo
Publisher:
ISBN: 1108604439
Category :
Languages : en
Pages : 330
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Book Description
Author: Geraint Howells
Publisher: Bloomsbury Publishing
ISBN: 1509957545
Category : Law
Languages : en
Pages : 619
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Book Description
This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Author: Christine Riefa
Publisher: Routledge
ISBN: 1000209741
Category : Law
Languages : en
Pages : 250
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Book Description
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.
Author: Vanessa Mak
Publisher:
ISBN: 019885448X
Category : Law
Languages : en
Pages : 289
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Book Description
The aim of this series is to publish important and original research on EU law. The focus is on scholarly monographs, with a particular emphasis on those which are interdisciplinary in nature. Edited collections of essays will also be included where they are appropriate. The series is wide in scope and aims to cover studies of particular areas of substantive and of institutional law, historical works, theoretical studies, and analyses of current debates, as well as questions of perennial interest such as the relationship between national and EU law and the novel forms of governance emerging in and beyond Europe. The fact that many of the works are interdisciplinary will make the series of interest to all those concerned with the governance and operation of the EU. Book jacket.
Author: Pietro Ortolani
Publisher: Kluwer Law International B.V.
ISBN: 9403518162
Category : Law
Languages : en
Pages : 280
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Book Description
Digitalization is increasingly impacting the practice of international arbitration. Especially in the wake of COVID-19, technological solutions are adopted by counsel, tribunals, and arbitral institutions. This trend is likely to continue in the future, thus changing the way in which international arbitration is practiced. International arbitration and technology offers the first up-to-date and comprehensive overview of the interplay between technology and international arbitration, with a specific focus on the technological developments which are currently available and already practically relevant. The authors’ practical perspectives on the impact of technology on arbitration yield valuable insights for arbitrators, tribunal secretaries, international arbitration counsel, and arbitral institutions. As many aspects of their work are already impacted by technology, they will find much value within this book’s pages. Furthermore, the book is of interest for academics working in the fields of international dispute resolution, and law and technology.
Author: Felix Pflücke
Publisher: Oxford University Press
ISBN: 0198906404
Category : Law
Languages : en
Pages : 252
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Book Description
European Consumer Law has adapted and evolved in response to the rapid growth of e-commerce in the last two decades. Compliance with European Consumer Law: The Case of E-Commerce examines the evolving legal framework at the EU and national levels - from mandatory disclosures to unfair contract terms - and analyses the extent to which scientifically grounded evidence or theories underpin these legislative choices. At the heart of the book lies an original, data-driven inquiry assessing compliance among e-commerce traders with consumer protection rules. The empirical analysis investigates whether 300 traders from four jurisdictions (France, Germany, the Netherlands, and the United Kingdom) comply with their legal duties and identifies reasons for non-compliance. It translates the evidence of previously undiscovered non-compliance patterns into targeted and actionable policy recommendations, presenting a significant new interpretation of the regulatory landscape. Compliance with European Consumer Law offers a unique, analytical perspective and contributes to a deeper understanding of e-commerce regulation. Innovative and engaging, this book advocates for a more evidence-driven approach within European Consumer Law aimed at strengthening the effectiveness of the rules and fostering trader compliance.
Author: Jie Zheng
Publisher: Springer Nature
ISBN: 3030541207
Category : Law
Languages : en
Pages : 376
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Book Description
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Author: Naomi Creutzfeldt
Publisher: Bloomsbury Publishing
ISBN: 1509939458
Category : Law
Languages : en
Pages : 305
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Book Description
How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
