This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.
The essay begins by discussing the importance of fair and accepted B2C remedy mechanisms. Next, suggestions for using OArb to expand consumers’ access to remedies are provided. Finally, the article concludes that policymakers should create efficient and low-cost international OArb mechanisms that sufficiently protect consumers from burdensome dispute resolution practices.
Amy J. Schmitz,
Building Bridges to Remedies for Consumers in International Conflicts,
34 U. Ark. Little Rock L. Rev. 779
Available at: http://lawrepository.ualr.edu/lawreview/vol34/iss4/7