B2C Arbitration: Consumer Protection in Arbitration

by Alexander J. Belohlavek

Overview

Consumer protection has become a phenomenon of the past years and the combination of consumer protection and arbitration is especially sensitive. Some countries experience tens of thousands of consumer arbitrations each year while others significantly limit or even entirely exclude arbitration in consumer disputes. Many countries have undergone certain reforms in consumer disputes, the main objective of which is the protection of consumers in arbitration. The controversial variable is the degree of protection to be afforded to the consumer, both under the applicable substantive law and in procedural terms. These are the main issues addressed in this book. Apart from the key topic, the author has extensively elaborated on certain fundamental categories such as public interest and public policy (all primarily in connection to the procedural mechanisms of consumer protection); he has also analyzed the applicable European law and the case law of the ECJ and offered an overview of the individual systems employed in both European and non-European countries (especially the USA and Canada). An integral part of this book is an extensive comparison and analysis of the voluminous case law (several tens of decisions), with reference to more than three hundred other available court decisions. The book also focuses on the position of the consumer in the individual procedural stages, the intervention of courts in arbitration motivated by consumer protection, the individual stages of proceedings, recognition and enforcement of arbitral awards rendered in consumer disputes, both in domestic context and in the international milieu etc.

The international practice significantly influences the domestic environment in the individual countries. The key issue in the EU countries is, in principle, the enforcement of EU standards which influence the domestic models of consumer protection, primarily in connection with the autonomous EU interpretation of a number of institutions. Many related issues have not yet been addressed in the case law of certain states. In fact, some of them have never even been discovered. Besides, the enforcement of foreign arbitral awards requires, inter alia, the compliance with extra-EU international obligations binding on the individual states. And finally, arbitration is not regulated by the EU law, as opposed to consumer protection. Naturally, arbitration is to a significant extent regulated by international law. This results in conflicts between national, international interpretation and interpretation pursuant to the EU law, where the circumstances allow to apply the EU law.

This book is intended for all readers who have any experience with enforcement of consumer rights, as well as for all professionals dealing with arbitration in general. It is therefore intended for general legal practitioners, lawyers, primarily arbitrators, of course, but also for judiciary dealing with civil matters in the broadest sense. Apart from a voluminous case law, the book quotes from a number of domestic and foreign sources and, above all, offers a long list of structured bibliography and detailed subject index, as well as a table of states, table of cases and list of legal sources. It is therefore not only an important tool for the practice, but also a useful instrument for academics (lawyers as well as other professionals).

Product Details

ISBN-13:	9781937518127
Publisher:	JurisNet, LLC
Publication date:	10/15/2012
Product dimensions:	6.20(w) x 9.20(h) x 1.30(d)

About the Author

Prof. Dr. et Mgr., Ing. (oec) Alexander J. Belohlávek, Dr. h. c. studied at the Law Faculty, Jan Evangelista Purkyne University in Brno [today Masaryk University in Brno], and graduated from the Faculty of Law, Charles University in Prague. He earned his first degree (Civil Law I.) at the Law Faculty, Charles University in Prague (CZ) in early December 1993. In 1991—1996 he lectured at the Law Faculty, Charles University in Prague (CZ), the Institute of Copyright, Industrial Property Rights, and Competition Law and subsequently at the Department of Commercial and Economic Law — Private International Law Division at the same university. He has been a member of the Department of Law, Faculty of Economics, V?B — Technical University of Ostrava (CZ) since 1992. He is a member of the department council for postgraduate doctoral studies at the Faculty of Economics, V?B — Technical University (CZ), at the Faculty of Law, Masaryk University in Brno (CZ). He was awarded the title of Associate Professor (Docent) in 1996. He has been a commercial lawyer since 1993; in 1994 he was admitted to the bar in Prague, with a licensed branch of his law firm in the U.S. (New Jersey). On 1 April 2001 the author was pronounced a full professor. In 2002 he was also awarded the honorary title of doctor honoris causa at Kiev University in Ukraine, Faculty of Law and Economics.

Apart from his legal practice and lecturing, the author has held many offices and has become a member of several major foreign institutions, associations, and commissions. Since 2011 the author has served as President of the WJA - The World Jurist Association (established in Washington, D. C. / USA).

He has worked as an arbitrator with: the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic for domestic and international disputes, the International Arbitration Court with the Austrian Economic Chamber, the International Arbitration Court with the Ukrainian Chamber of Commerce and Industry in Kiev, as well as with arbitral institutions in Almaty (Kazakhstan), Chisinau (Moldova), Moscow (Russia), and Vilnius (Lithuania); he resolves disputes under the auspices of the ICC (International Chamber of Commerce) International Court of Arbitration in Paris and under the UNCITRAL rules. He is also a member of: the ICC (International Chamber of Commerce) International Court of Arbitration, the Swiss Arbitration Association (ASA), the Austrian Arbitration Association, the German Institution of Arbitration (DIS), the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC). In addition, he is also Chairman of the Commission on Arbitration — ICC (National Committee Czech Republic), a member of ASIL (American Society of International Law), an Associated Member of the Law Society of England and Wales, a member of the ILA (International Law Association, Headquarters branch, London), and a member of the IBA (International Bar Association) as well as of other international organizations.

He has also authored almost 40 monographs (in Czech, German, English, Russian, Ukrainian, Polish, and Romanian), more than 320 academic articles especially on private international law, procedural law, commercial and financial law, as well as certain topics concerning public international law and international finance. In the Czech Republic, the author is a member of the editorial board of: Casopis pro právní vedu a praxi [Legal Science and Practice Magazine] published by the Faculty of Law, Masaryk University in Brno, Bulletin advokacie [the Advocacy Bulletin] published by the Czech Bar Association in Prague, and The Lawyer Quarterly published by the Institute of State and Law of the Academy of Sciences of the Czech Republic (AV CR, v.v.i.); he is also one of the principal editors of Ceská rocenka mezinárodního práva® (The Czech Yearbook of International Law®) and Ceská (& Stredoevropská) rocenka pro rozhodcí rízení® (The Czech /& Central European / Yearbook of Arbitration®) published in New York and the Rome Case Law periodical (Rome Convention — Rome I and II Regulation Case Law). In addition, he is a member of the editorial board of the Law and Technology periodical published in Washington, D. C., a member of both the academic and publishing councils of the institute for international law, private international law, EU law, and constitutional law, Lex Lata, in the Hague (the Netherlands), etc. The author regularly lectures in the Czech Republic and abroad (his lectures abroad were held, for instance, in Germany, the Netherlands, Austria, Switzerland, Poland, Ukraine, Ireland, South Africa, Qatar, India, Mauritius, Australia, the U.S. and other countries).