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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 ...

There are major concerns in the EU in relation to the investor-state dispute settlement (ISDS) provisions associated with investor protection agreements. ISDS relies on a legal framework of arbitration that is separate from domestic courts. This analysis provides an overview of ISDS cases involving current EU Member States. The main finding is that, on average, nearly 16 % of claimed amounts translate into (known) compensation in cases involving current EU Member State respondents. Nearly a third ...

The Council of the EU has authorised the European Commission to represent the EU and its Member States in 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 host states in relation to international investment agreements, and relies on arbitration procedures. The system has ...

In mid-June 2021, United States (US) President Joe Biden is due to visit Europe for his first overseas trip since taking office in January. He will attend the Group of Seven (G7) summit from 11 to 13 June in Cornwall (United Kingdom), a NATO leaders' summit in Brussels on 14 June, followed by an EU-US summit on 15 June, and, on 16 June, a summit in Geneva (Switzerland) with Russian President Vladimir Putin. President Biden's arrival in Europe will mark almost five months in office, providing an opportunity ...

On 12 December 2019, the European Commission adopted a proposal to amend Regulation (EU) No 654/2014 concerning the exercise of the EU's rights for the application and enforcement of international trade rules ('the Enforcement Regulation') of 15 May 2014. The Enforcement Regulation enables the EU to suspend or withdraw concessions or other obligations under international trade agreements in order to respond to breaches by third countries of international trade rules that affect the EU's commercial ...

Enforcement Regulation review

Pe scurt 13-01-2021

The blockage, since December 2019, of the Appellate Body of the Dispute Settlement Body of the World Trade Organization (WTO) creates legal gaps for the enforcement of international trade rules. To bridge these gaps, the European Commission proposed to broaden the scope of Regulation (EU) No 654/2014 concerning the exercise of the EU's rights for the application and enforcement of international trade rules ('the Enforcement Regulation'). The European Parliament is scheduled to vote at first reading ...

Since the 1980s onset of intensified sales competition between American and European civil aircraft manufacturers, aircraft trade has been a point of contention in transatlantic trade. Between 1992 and 2004, the Bilateral Agreement on Trade in Large Civil Aircraft regulated the permitted levels of support to aircraft manufacturers. In 2003, Europe's Airbus sold more large civil aircraft than United States-owned Boeing for the first time. The following year, the USA renounced the agreement and launched ...

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 escalating trade conflict between the United States (US) and China has dampened economic growth in the European Union and other regions of the world, analysts say, and poses a further question mark over the continuity of the post-Cold War rules-based order. The EU is seeking to position itself as a defender of the multilateral rules-based system in the context of growing economic nationalism. The EU will need to coordinate closely its trade and climate policies, and think clearly about how best ...