ABSTRACT

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Mandatory Consumer Arbitration in a Transatlantic Perspective: The US Supreme Court Paves the (Wrong) Way

Author: Matteo M. WINKLER

Type: Article

ref: 52016519-536

N0:5 of 2016

Pages: 519-536

In the last decade, the supreme court of the USA found itself at the eye of a large storm of criticism arising out of its rulings regarding mandatory consumer arbitration. The last of those rulings in particular, rendered on December 14, 2015 in the case Direct TV v. Imburgia, ignited a heated debate concerning key features of arbitration such as the limits to party autonomy, the role of contract interpretation and the question of the nature of arbitration itself. Because of these broad implications, despite of its almost exclusively American dimension Direct TV may be subject to a transnational analysis aiming at catching its profound repercussions on the understanding of consumer arbitration and litigation in Europe compared to the US.