This dissertation was written as part of the
LLM in Transnational and European
Commercial Law, Mediation, Arbitration and Energy Law at the International Hellenic University.
The dissertation will outline the background and key features of ADR Directive
and ODR Regulation
with respect to it
s national implementation in
Greece and United
Kingdom
. As consumers and traders were not fully aware of the existing out
-
of court
redress mechanisms, the Council of European Union agreed that consumer ADR
schemes can offer low
-
cost, simple and quick redress for both consumers and traders.
For this reason ADR Directive and its successful implementation was necessary in order
to strengthen consumers’ confidence in the internal market, including the area of
online commerce, by ensuring access to simple, efficient, fast and low
-
cost ways of
resolving domestic and cross
-
border disputes which arise from sales or service
contracts.
A comparative study on different regulatory frameworks of
Greece and United
Kingdom
will be attempted providing substantial analysis of the law and practice in
relation to implementation of the Directive as well as analyze the possibilities provided
by the ADR Directive and the way by which the above Member States exploited or not
exploited these possibilities.
The aim of this dissertation
is to provide an in depth evaluation of
English
and
Greek legislation towards the
compliance with the specified standards set out in EU
Directive (2013/11/EU) on alternative dispute resolution for consumer disputes. An
article by article analysis of the legislation from the beginning to the end will be used
to identify key constructive
points for consideration in understanding the level of
harmonization with the Directive and the future possible adoption of new legal
provisions on procedures for the out
-
of
-
court resolution of disputes between
consumers and traders.
Briefly, this study aims to meet the need of a proper and adequate
implementation by UK and Greece, through the following specific research objectives:
a)
Comparative legal analysis of current national implementation of the ADR Directive
by United Kingdom and Greece.
And b)
Comprehensive legal analysis of the possible
attempts that would have to be made by
UK and Greece to increase uniformity, in
order to achieve the maximum benefits of the ADR Directive.
Collections
Show Collections