This Note discusses current consumer arbitration policies and analyzes whether traditional arbitration is adequate to address consumer disputes in the new cross-border shopping environment. Part I discusses the importance of consumer protection and reviews the consumer arbitration regimes of the United States and the European Union. Part II discusses the criticisms of the current policies toward consumer arbitration in the United States and the European Union. Part II also highlights the unique problems of consumer dispute resolution in cross-border transactions and raises some concerns unique to dispute resolution on the Internet. Part III concludes that traditional arbitration systems are not appropriate for cross-border consumer transactions, and proposes that the most prudent solution is to leave arbitration to commercial parties involved in B2B transactions.
Donna M. Bates,
A Consumer's Dream or Pandora's Box: Is Arbitration a Viable Option for Cross-Border Consumer Disputes?,
27 Fordham Int'l L.J. 823
Available at: http://ir.lawnet.fordham.edu/ilj/vol27/iss2/11