Resolution of consumer disputes through arbitration with special regard on insurance disputes

• Published in: Anali Pravnog fakulteta u Beogradu Vol. 62; no. 2; pp. 86 - 114
• Main Author: Tomic-Petrovic, Natasa
• Format: Journal Article
• Language: English
• Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2014
• Subjects: arbitrability; clause of arbitration; consumer; consumer contract; consumer protection
• ISSN: 0003-2565; 2406-2693
• DOI: 10.5937/AnaliPFB1402086T

Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial) arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.