Preliminary communication
PARTY AUTONOMY AND THE EU ONLINE CONSUMER DISPUTE RESOLUTION
Kristijan Poljanec
orcid.org/0000-0002-4912-1335
; Faculty of Economics & Business, University of Zagreb, Zagreb, Croatia
Abstract
The paper analyses the limits of parties’ autonomy in the EU ADR/ODR scheme. In the light of constraints which were mentioned by the CJEU in Alassini and Others, the paper seeks to explore whether the exclusive online nature and binding effect of the out-of-court settlement procedure could violate fundamental principles of effective legal protection even if the parties agreed to recourse their dispute to an online out-of-court settlement process. The paper ends with the suggestion that the future of the EU ODR should focus on voluntary online mediation.
Keywords
party autonomy; EU; ADR/ODR; principle of effective judicial protection; online mediation
Hrčak ID:
160583
URI
Publication date:
29.6.2016.
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