Encouraging Online Dispute Resolution in the EU and Beyond - Keeping Costs Low or Standards High?

Abstract

The main focus of this article is to analyse the new proposed EU regime supporting and regulating ODR against the background of the existing mechanisms for the resolution of cross-border disputes through ADR (and in particular through the network of European Consumer Centres - ECCs). However this has to be placed in the context of the discussions of and proposals for ODR at UNCITRAL, which this article will discuss first. By comparing and contrasting the UNCITRAL proposals with those of the EU, the differences in approach will become evident. This is crucial for understanding how ODR may function in the EU. Finally, this article will pinpoint where and how the EU Proposals should be improved, in particular as regards the potential for co-operation between public consumer protection authorities and private ADR bodies interacting through the ODR platform. However such co-operation would raise serious data protection issues, which this Article also analyses, suggesting appropriate safeguards. It concludes by evaluating the Proposals and assessing their real contribution to the EU consumer acquis.