CONTRATACIÓN TRANSNACIONAL Y ACCESO A LA JUSTICIA: MECANISMOS DE RESOLUCIÓN ELECTRÓNICA DE DISPUTAS.

Abstract

Cross-border e Commerce tends to grow and, therefore, also inevitably conflicts. Consumers are lacking of an adequate channel for the effectiveness of their rights, because of the cost and complexity of judicial procedures. This is the reason why the European Union is boosting since the 90' the development of alternatives for consumers access to justice and the United Nations has recently set out a working group of experts (WG III) devoted to the formation of an adequate legal framework. The aim of this paper is to share some early insights regarding the opportunity of an UNCITRAL Model Law, an approach that would allow the gentle harmonization of the different legal systems and due respect to their cultural environment and values. It is also suggested that it may be accompanied by an optional instrument (OI) which would consolidate the standards, principles and set of rules that are internationally recognized in electronic commerce, embracing the existing standards for consumers. These provisions would provide to low-value cross-border transactions and conflicts with an appropriate regulatory environment and high level of protection to the players. This paper also examines some sensitive legal and technological issues affecting the dynamics of these mechanisms.