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ADR and Adjudication by State Courts: Competitors or Complements?
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Michael Stürner
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Chapters in this book
- Frontmatter i
- Preface v
- Table of Contents vii
- List of Authors ix
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I. Setting the Scene
- Alternative Dispute Resolution for Consumers 3
- ADR and Adjudication by State Courts: Competitors or Complements? 11
- Specific Problems of Cross-Border Consumer ADR: What Solutions? 31
- A Conflict-of-Laws Approach for Cross-Border ADR? 59
- Consumer ADR – Academia and the Field 67
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II. Institutional Aspects of Consumer ADR
- Impartiality and Independence of the Persons Entrusted with Consumer ADR 79
- The Role of ADR Institutions: Mere Secretariat or Supervisory Body – Lessons Learned from Institutional Arbitration 103
- Linking ADR Discourses – Nine Lessons learned from Mediation Development for the Implementation of the EU Directive on Consumer ADR 115
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III. Consumer ADR Proceedings and Result
- On Minimum Standards in Consumer ADR 131
- Agreements Resulting from Mediation: Judicial Review, Avoidance, and Enforcement 149
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IV. The Wider Picture
- Long Term Commercial Contracts and the Need for Relational Intelligence 163
Chapters in this book
- Frontmatter i
- Preface v
- Table of Contents vii
- List of Authors ix
-
I. Setting the Scene
- Alternative Dispute Resolution for Consumers 3
- ADR and Adjudication by State Courts: Competitors or Complements? 11
- Specific Problems of Cross-Border Consumer ADR: What Solutions? 31
- A Conflict-of-Laws Approach for Cross-Border ADR? 59
- Consumer ADR – Academia and the Field 67
-
II. Institutional Aspects of Consumer ADR
- Impartiality and Independence of the Persons Entrusted with Consumer ADR 79
- The Role of ADR Institutions: Mere Secretariat or Supervisory Body – Lessons Learned from Institutional Arbitration 103
- Linking ADR Discourses – Nine Lessons learned from Mediation Development for the Implementation of the EU Directive on Consumer ADR 115
-
III. Consumer ADR Proceedings and Result
- On Minimum Standards in Consumer ADR 131
- Agreements Resulting from Mediation: Judicial Review, Avoidance, and Enforcement 149
-
IV. The Wider Picture
- Long Term Commercial Contracts and the Need for Relational Intelligence 163