Conditions for acceptance of pre-dispute online arbitration agreements on crossborder consumer disputes in american and european practice
The article highlights the problem of concluding pre-dispute agreements mediating the transfer of cross-border consumer disputes in online arbitration. The author analyzes the main factors affecting the validity and enforceability of agreements on online arbitration of cross-border disputes as one of the most promising dispute resolution mechanisms in the field of electronic commerce from the perspective of the American and European approaches. On the basis of the results of the study of judicial practice, scientific and practice-oriented materials, the article concludes that in order to recognize the validity and enforceability of a pre-dispute arbitration agreement with a consumer, professional participants of Internet transactions shall first of all take into account the peculiarities of historically formed approaches in different jurisdictions and in the presence of legal grounds for the conclusion and effective application of such agreements, shall ensure the availability of the pre-dispute arbitration agreement on the online platform, taking into account the criteria and recommendations currently developed by practice.