Cross-Border Consumer Contracts
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 25 September 2008
- ISBN 9780199276547
- Binding Hardback
- No. of pages466 pages
- Size 241x162x31 mm
- Weight 814 g
- Language English 0
Categories
Short description:
This book provides an analysis of the legal regimes regulating the resolution of disputes arising out of non-domestic consumer contracts (for example, contracts concluded between a consumer from one country and a supplier from another country).
MoreLong description:
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.
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
Table of Contents:
Introduction
The Incidence of Cross-Border Consumer Litigation
Cross-Border Consumer Litigation: Jurisdiction Rules
Consumer E-Commerce: Jurisdiction Rules
Improving Civil Justice: European Developments
Recognition and Enforcement of Judgments
Dispute-Resolution Agreements
Litigation in the Public Interest
Alternative Dispute Resolution: Introduction
The Promotion of Alternative Dispute Resolution in Europe
Alternative Dispute Resolution and Online Dispute Resolution
Consumers' Substantive Rights and Choice of Law
Conclusions
