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Title: The impact of EU law in the ADR landscape in Italy, Spain and the UK: time for change or missed opportunity?
Authors: Cortes, Pablo
First Published: 2-Aug-2015
Publisher: Springer Verlag
Citation: ERA Forum, 2015, 16 (2), pp. 125-147
Abstract: This paper examines the transformation of the consumer redress landscape in the EU and the impact that the Alternative Dispute Resolution Directive 2013/11/EU will have on three radically different redress cultures: Italy, Spain and the UK. In particular, this paper critically analyses the current regulation of the main ADR schemes and proposes key changes to improve the provision of redress in these jurisdictions. The paper also examines how these schemes can ensure an adequate coverage in the provision of consumer redress by fleshing out the procedural grounds set in the Directive upon which ADR entities can rely when refusing to deal with a consumer complaint. It argues that while the Directive creates an opportunity to increase the availability and awareness of quality ADR entities, it also poses the risk of undermining consumer trust in the whole ADR system if greater competition between ADR entities leads to forum shopping, traders refuse to participate in ADR processes and if procedural restrictions are not adequately monitored.
DOI Link: 10.1007/s12027-015-0388-x
ISSN: 1612-3093
eISSN: 1863-9038
Version: Pre-print
Type: Journal Article
Rights: Copyright © ERA 2015. Deposited in accordance with the Publisher's self-archiving policy available at . The final publication is available at Springer via
Appears in Collections:Published Articles, School of Law

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