Quo vadis consumer dispute resolution? uk & eu cross border consumer dispute resolution in the post brexit landscape
- Autores: Rhonson Salim
- Localización: Revista ítalo-española de Derecho Procesal, ISSN-e 2605-5244, Nº. 1, 2022 (Ejemplar dedicado a: Small Claims), págs. 97-121
- Idioma: inglés
- Enlaces
-
Resumen
The United Kingdom’s exit from the European Union challenges the existing framework for cross border consumer dispute resolution and exacerbates the negative effect of the EU’s harmonisation approach in this area. This paper will analyse and evaluate key challenges to UK and EU consumer cross border dispute resolution. The paper will consider procedural impediments to UK consumers enforcing consumer rights against EU/EEA traders as well as to EU consumers bringing claims against UK traders. Specifically, the paper will consider the jurisdictional impact of UK’s status and its effect upon the reciprocal enforcement of consumer court judgments/ADR decisions between the EU and UK. Finally, the paper suggests that a Lugano+ approach would help to mitigate the impact of the impediments to effective consumer dispute resolution between EU and UK entities. In doing so, it first takes a preliminary look at the existing paradigm of cross border cooperation in consumer dispute resolution. The chapter also includes some thoughts on the normative clashes facing the creation of a new relationship in this area.
