The New Regulatory Framework for Consumer Dispute Resolution

The New Regulatory Framework for Consumer Dispute Resolution
Author: Pablo Cortés
Publisher: Oxford University Press
Total Pages: 513
Release: 2016-11-24
Genre: Law
ISBN: 0191079073

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Online Dispute Resolution for Consumers in the European Union

Online Dispute Resolution for Consumers in the European Union
Author: Pablo Cortés
Publisher: Routledge
Total Pages: 283
Release: 2010-09-13
Genre: Law
ISBN: 1136943501

Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.

The New Regulatory Framework for Consumer Dispute Resolution

The New Regulatory Framework for Consumer Dispute Resolution
Author: Pablo Cortés
Publisher: Oxford University Press
Total Pages: 513
Release: 2016
Genre: Law
ISBN: 0198766351

This book examines the impact of the new EU law in the field of consumer redress. It explores the new European legal framework and the main methods of consumer redress, analyses the implementation of the ADR Directive in various Member States, and evaluates new trends in consumer ADR.

The Citizen in European Private Law

The Citizen in European Private Law
Author: Caroline Cauffman
Publisher:
Total Pages: 0
Release: 2016
Genre: Civil law
ISBN: 9781780683737

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.

The Law of Consumer Redress in an Evolving Digital Market

The Law of Consumer Redress in an Evolving Digital Market
Author: Pablo Cortés
Publisher: Cambridge University Press
Total Pages: 329
Release: 2017-10-05
Genre: Business & Economics
ISBN: 1107079004

This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.

Enforcement and Effectiveness of Consumer Law

Enforcement and Effectiveness of Consumer Law
Author: Hans-W. Micklitz
Publisher: Springer
Total Pages: 708
Release: 2018-07-06
Genre: Law
ISBN: 3319784315

The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.

Access to Justice for the Chinese Consumer

Access to Justice for the Chinese Consumer
Author: Ling Zhou
Publisher: Bloomsbury Publishing
Total Pages: 187
Release: 2020-05-14
Genre: Law
ISBN: 1509931058

This monograph offers an ethnographic exploration of the local organisation of consumer complaint processing and dispute resolution in the People's Republic of China - now the second largest consumer market in the world - and how the consumer, both ordinary and 'professional', experiences the local system. Drawing on detailed analysis of an impressive amount of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', as well as identifying a continuing sense of reliance in popular consciousness on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to explain the failure of an ombuds system to emerge. By looking at the nature of and issues in China's distinctive consumer dispute resolution and complaints system, and the experiences of consumers with that system, this innovative book illustrates the processes available at the local level giving access to justice for aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Insurance Distribution Directive

Insurance Distribution Directive
Author: Pierpaolo Marano
Publisher: Springer Nature
Total Pages: 439
Release: 2021
Genre: Bank marketing
ISBN: 3030527387

This open access volume of the AIDA Europe Research Series on Insurance Law and Regulation offers the first comprehensive legal and regulatory analysis of the Insurance Distribution Directive (IDD). The IDD came into force on 1 October 2018 and regulates the distribution of insurance products in the EU. The book examines the main changes accompanying the IDD and analyses its impact on insurance distributors, i.e., insurance intermediaries and insurance undertakings, as well as the market. Drawing on interrelations between the rules of the Directive and other fields that are relevant to the distribution of insurance products, it explores various topics related to the interpretation of the IDD - e.g. the harmonization achieved under it; its role as a benchmark for national legislators; and its interplay with other regulations and sciences - while also providing an empirical analysis of the standardised pre-contractual information document. Accordingly, the book offers a wealth of valuable insights for academics, regulators, practitioners and students who are interested in issues concerning insurance distribution.--

Resolving Mass Disputes

Resolving Mass Disputes
Author: Christopher Hodges
Publisher: Edward Elgar Publishing
Total Pages: 336
Release: 2013-10-31
Genre: Law
ISBN: 178254691X

Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.