The arbitrability of international online consumer disputes

Private arbitration is often made possible by pre-dispute clauses and agreements whereby parties waive the right to solve their disputes by court. The doctrine of arbitrability addresses the questions of what matters may be referred to arbitration and who will be party to it. This thesis is a comparative study that explores the theory and practice of the arbitrability of international online consumer disputes as they function in two legal systems, that of England and Wales and that of the United States of America. The purpose of this exploration is to analyze comparatively and to discuss critically the role of arbitrability, and also the problematic areas of that doctrine in international online consumer disputes. The thesis will propose ways of overcoming the problems encountered in the arbitrability of international online consumer disputes owing to the different policies regarding the arbitrability of such disputes that are to be found in the two legal systems named above. This objective is met by exploring the theory, methods, functions and purpose of arbitrability in international online consumer disputes. The thesis also examines the common ground between the different policies of the two jurisdictions. The overall aim is to strengthen the role of arbitration as an effective means of dispute resolution for international online consumer disputes. The thesis demonstrates that the arbitrability of international online consumer disputes is relevant at three different stages of international arbitration. These stages are: at the outset of proceedings, when the arbitrators determine their jurisdiction; during the arbitration, where they control the law and procedure applicable to the arbitration; and at the stage of enforcement of the final award. The thesis demonstrates that the lack of uniformity in arbitration law damages the arbitrability of international online consumer disputes. It also shows that a new method for reconsidering the issue of the arbitrability of such disputes is required in order to lend support to the consumer as the weaker party, specifically at the outset and in the course of the arbitration proceedings. It concludes that an adequate transnational standard for determining the arbitrability of international online consumer is by no means an impossibility. The thesis furthermore asserts that a verification method is needed in order to establish the status of the consumer as the weaker party in online disputes. Such a verification method should be transnational and should be carried out by the arbitrator so as to establish a balance between party autonomy and the reinforcement of the consumers’ protection internationally. This reform is particularly necessary in view of the continuing worldwide expansion of internet used