Introduction - Part I - B2C Arbitration: Consumer Protection in Arbitration
Alexander Bělohlávek is Founder and Senior Partner of The Bělohlávek Law Offices, Prague. He is a Member of the International Court of Arbitration at the International Chamber of Commerce (ICC) in Paris as well as Member of the ICC Commission on International Arbitration and a Member of the National Committee of the ICC in the Czech Republic. He has acted as arbitrator or counsel in more than 170 international arbitrations and is listed as arbitrator with the international arbitral centers of several economic chambers in Central Europe. He has published numerous books and articles on arbitration and business law.
Originally from B2C Arbitration: Consumer Protection in Arbitration
I. Introduction
I.1. Subject of this publication
1. This book analyzes the interaction between the power exercised by public authorities (primarily in court proceedings) and the power of arbitration in the resolution of consumer disputes. It also focuses on the different arbitration regimes in consumer cases and analyzes certain issues related to their harmonization and the importance of their unification. It is necessary to emphasize that there are fundamental, albeit only apparently latent differences between the individual national laws.
2. The primary concentration is on the generalization of the country specific or regional models and, thus conversely, the importance of national laws, or even the rules adopted by certain permanent or other arbitral institutions was suppressed. No differences were made between domestic and international arbitration.
3. The mutual relationship between arbitration and consumer protection laws is also discussed with respect to the conflict between the perspective of the courts and the perspective of arbitrators and arbitration.
I. Introduction
I.1. Subject of this publication
I.2. Different national approaches and experience in the resolution of consumer disputes
I.3. Positive and negative aspects of litigation and arbitration in consumer disputes, fair trial, and efficiency of dispute resolution
I.4. Importance of consumer protection against the background of the dispute resolution mechanism
I.5. Risk of abuse of the special protection by the consumer