Details
- First in-depth systematic analysis of the legal regimes covering consumer contracts and private international law
- Practical evaluation of the problems generated by cross-border consumer contracts, and the alternative dispute resolutions arising from such problems, including online dispute resolution
- Coverage of the e-commerce aspects of private international law as they relate to consumer contracts
- Written by a recognized expert on the commercial aspects of private international law
Until relatively recently, almost all contracts were domestic: both the consumer and the supplier were from the same country and the situation involved no substantial foreign elements. Technological changes (in terms of international travel, means of communication and information technology) have meant that it is a more frequent occurrence for consumer contracts to involve a cross-border dimension.
This book explores the legal regimes which seek to deal with disputes which arise out of such cross-border consumer contracts. In terms of private international law, English law traditionally treated consumer contracts no differently from commercial contracts. However, at European level, jurisdictional and choice of law issues arising out of certain consumer contracts are subject to specific rules. The first part of the book focuses on these European developments and seeks to explain why the private litigation model for the resolution of disputes arising out of cross-border consumer contracts has failed to deal adequately with the problems generated by such contracts. Subsequent to these failures, alternative mechanisms for resolving contractual disputes have a particular significance in the consumer context. The second part of the book focuses on an evaluation of these alternative dispute resolution mechanisms, including online dispute resolution.
Readership: Commercial practitioners, particularly those with a cross-border practice; academics and scholars of the conflict of laws; postgraduate/advanced students of the subject; legal reference libraries; Advice centres/CAB.
1: Introduction
2: The Incidence of Cross-Border Consumer Litigation
3: Cross-Border Consumer Litigation: Jurisdiction Rules
4: Consumer E-Commerce: Jurisdiction Rules
5: Improving Civil Justice: European Developments
6: Recognition and Enforcement of Judgments
7: Dispute-Resolution Agreements
8: Litigation in the Public Interest
9: Alternative Dispute Resolution: Introduction
10: The Promotion of Alternative Dispute Resolution in Europe
11: Alternative Dispute Resolution and Online Dispute Resolution
12: Consumers' Substantive Rights and Choice of Law
13: Conclusions
Jonathan Hill, Professor of Law, University of Bristol
"The final judjement and verdict comes easy.This book is a gem. It has a high aim and succeeds splendidly. It generates plenty of new insights. It is a giant leap forward in understanding the mechanisms and the surroundings of cross-border consumer contracts. My personal PIL book of the year" - Dr Peter Mankowski, Universitat Hamburg d
"In pointing out the economic imperatives, Hill has done us a service, by focussing our attention on the only realistic means of improving the situation, and by dispelling complacency. He sets before us clearly and unsparingly all the current options, with thie limitations, and for the moment lawyers and advisers must work within them" - Elizabeth Crawford, Edinburgh Law Review
