The Right to a Fair Trial in Online Consumer Dispute Resolution

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This article starts from the premise that the traditional offline court procedure prevents many consumers from bringing their dispute to court. Online consumer dispute resolution (cODR) is often advocated as the panacea for the high thresholds to court. This article addresses the question of whether the fundamental right to a fair trial applies to cODR procedures, and if so, what procedural requirements it entails for these procedures. To this purpose, the article interprets the right to a fair trial in cODR. It first offers a short description of the elements of the right to a fair trial. Then it argues that the right to a fair trial should be applicable in cODR procedures. The digital and consumer challenges of the cODR context are taken into account before this article offers suggestions regarding the interpretation of the right to a fairtrial in cODR.
Original languageEnglish
Pages (from-to)175-183
JournalJournal of European Consumer and Market Law
Issue number5
Publication statusPublished - 2019

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