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Alternative dispute resolution

Briefing 13-03-2024

Alternative dispute resolution (ADR) is defined as a process allowing complaints to be settled out of court with the assistance of an impartial dispute resolution body. On 17 October 2023, the European Commission adopted proposals for a directive amending several directives pertaining to consumer rights and ADR, in which the notion of complaint relates to situations where a relation between a consumer and a trader gives rise to a complaint from the consumer. Through ADR, consumers are able to settle ...

Directive (2013/11/EU) on alternative dispute resolution for consumer disputes (the 'ADR Directive') provides an out-of-court solution for consumers to resolve disputes on goods and services purchased from traders established in the single market. Together with Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (the 'ODR Regulation'), the ADR Directive forms a horizontal EU-level framework for alternative dispute resolution. The significant increase of online sales, in ...

The impact assessment (IA) underpinning the revision of the alternative dispute resolution (ADR) framework presents a robust intervention logic. It puts forward four policy options (including a non-regulatory option) with varying degrees of ambition; however, the description of the different policy options would have benefited from more depth and detail. The IA assesses the policy options in terms of their economic, social and environmental impacts and their effects on fundamental rights. While large ...

This At A Glance - Study In Focus provides information on the implementation and enforcement of the Package Travel Directive (PTD) in the EU with a focus on ten EU Member States. It summarises areas for improvement, such as adapting the definition of package travel to accommodate evolving industry trends, addressing pre-contractual information gaps, improving payment practices, tackling challenges in the digital environment, enhancing enforcement mechanisms, promoting alternative dispute resolution ...

The Council of the European Union has authorised the European Commission to represent the EU and its Member States at the intergovernmental talks at the United Nations Commission on International Trade Law (UNCITRAL), with a view to reforming the existing investor-state dispute settlement (ISDS) system. The latter provides a procedural framework for disputes between international investors and hosting states, and relies on arbitration procedures. However, there have been growing concerns among states ...

The December plenary session was marked by the terrorist attack that took place in Strasbourg on 11 December. Members had that very day debated the report of Parliament's Special Committee on Terrorism, concluding its year's work. The December plenary session also featured debates on the preparations for the same week's European Council and Euro Summit meetings, as well as on the future of Europe, with Nicos Anastasiades, President of Cyprus. Parliament awarded the 2018 Sakharov Prize for freedom ...

The EU legal services market is the second largest in the world. Commercial, business to business (B2B) litigation is one of the largest segments of the legal services market. The EU measures on choice of law, choice of forum and enforcement proved to be successful in supporting EU competitiveness. However, to enhance competitiveness of the EU litigation market and ensure further growth, a set of EU measures to simplify and expedite settlement of commercial disputes is needed. The EU measures should ...

Mediation Directive 2008/52/EC

V stručnosti 15-11-2018

Mediation Directive 2008/52/EC defines the procedure of environmental impact assessment. It intends to facilitate access to alternative dispute resolution mechanisms and to promote the amicable settlement of disputes, while encouraging the use of mediation. The directive applies to cross-border disputes in civil, including family law, and commercial matters. This note provides a brief overview of its implementation.

This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the Committee on Legal Affairs, aims to assess the current state of play of collective redress at national and European levels, evaluate the opportunity of a European intervention in the matter and provide the European Parliament with concrete recommendations. Both the assessment and the recommendations have been drafted keeping in mind the essential issue raised ...

Negotiations on an EU-Japan trade agreement were officially launched in March 2013. Following the political agreement in principle reached in July 2017, a final accord on the EU-Japan Economic Partnership Agreement (EPA) was announced in December 2017. On 18 April 2018, the European Commission proposed to the Council of the European Union to sign and conclude the agreement. The Commission expects that the EU-Japan EPA can be signed in July 2018, and aims to have the agreement come into effect before ...