American and European Perspectives on Arbitration Agreements in Online Consumer Contracts

Abstract

This article offers a discussion of systemic differences between the American and European approach to the application of arbitration clauses in contracts between consumers and enterprises (businesses) included in the digital environment. The first section features a summary of the relevant US regulations and jurisprudence, with special emphasis on judgments of the Supreme Court concerning arbitration as used in online consumer contracts. An analogous analysis is then offered, as part of a legal comparative study, of solutions applied in the European Union. The discussion is accompanied by the author’s suggested reasons for the differences found, while pointing to some of the most recent proposals of legislative changes from the European Commission.