000 01954cam a2200217 4500500
005 20250121121428.0
041 _afre
042 _adc
100 1 0 _aKatsh, Ethan
_eauthor
700 1 0 _a Rabinovich-Einy, Orna
_eauthor
245 0 0 _aThe U.S. Administration in transition and the impact of technology: the case of pre-dispute arbitration
260 _c2019.
500 _a20
520 _aThe Trump Presidency has halted significant changes in consumer rights that were introduced under President Obama’s term. The changes had to do with pre-arbitration dispute clauses in consumer contracts, clauses that required consumers, at the time of the consummation of the transaction, to submit all future disputes to arbitration and typically preclude the avenue of class actions. While the U.S. has traditionally upheld that clauses, the EU has taken a different path. The U.S. approach has significantly limited consumers’ access to justice, a problem that has become all the more acute in the digital age for two reasons. First, the prevalence of such clauses has increased in the age of e-commerce and online agreements. Second, these clauses constrained the spread of Online Dispute Resolution (ODR) – convenient and inexpensive online avenues for the resolution of consumer disputes and have obstructed efforts to establish an international ODR scheme for cross-border consumer disputes. While the U.S. began to make steps towards the regulation of pre-dispute arbitration clauses, these efforts were stifled in the aftermath of the 2016 elections.
690 _aonline dispute resolution
690 _ae-commerce
690 _apre-dispute arbitration
690 _aConsumer contracts
786 0 _nRevue française d’administration publique | o 170 | 2 | 2019-11-12 | p. 447-461 | 0152-7401
856 4 1 _uhttps://shs.cairn.info/journal-revue-francaise-d-administration-publique-2019-2-page-447?lang=en&redirect-ssocas=7080
999 _c554187
_d554187