Description
This study departs from the observed need – at the current era of COVID-19 pandemic – to overcome the insufficiency in access to justice in resolving cross-border low-value claims arising from online transactions in the EU. Currently, there is a wide gap in access to justice for consumers choosing litigation for their cross-border small claims across the EU. This is particularly significant as there is a considerable rise in consumer complaints due to the Online shopping malpractices. The internal justice systems of the Member States do not fulfil consumers’ needs to have an efficient access to justice for their low-value transnational disputes, since the ordinary civil proceedings are too lengthy, costly, and sophisticated for lay citizens. On that account, this study firstly aims at exploring the impact of COVID-19 on consumers’ access to justice (in conforming to the right to a fair trial as enshrined by Art. 47 CFR and Art. 6 ECHR) for their cross-border small claims arising out of e-transactions across the Union. Next, it discusses about the possibility of using Online mediation as a viable solution with evidence from other jurisdictions i.e., UK, US, and Canada. Finally, this research proposes a hybrid-model of dispute resolution for small claims that may assist improving consumers access to justice in cross-border small claims.| Periode | 27 nov 2021 |
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| Gehouden op | Cyberspace 2021, Czech Republic |
| Mate van erkenning | International |