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Legal Literature

Legal Literature Details
Member State Poland
Title Arbitration Court Exclusive Jurisdiction Clause (in the light of Article 3 of Directive 93/13/EEC).
Subtitle
Type article
URL
Author STEFANICKI, R.
Reference Glosa, 2014, no 3. pages 26-33
Publication Year 2014
Keywords case law, consumer rights, judicial review

Unfair Contract Terms Directive, Article 3, 1. Unfair Contract Terms Directive, Article 3, 2. Unfair Contract Terms Directive, Article 4

The article analyzes the role of the clause providing for the exclusive jurisdiction of the arbitration court in the light of Article 3 of Directive 93/13/EEC on unfair terms in consumer contracts.

The author emphasizes that the European Union strategy concerning consumer protection attaches great importance to alternative dispute resolution. However, it is noted that the decision to choose an arbitration court should be an independent act of will of the parties. The author points out that the unilateral imposition of this model of dispute resolution by an entity violates the essence of arbitration, is unlawful, and is therefore not binding on the consumer.

The author points out that alternative dispute resolution cannot limit the access to courts, which is guaranteed by the Polish Constitution and the Charter of Fundamental Rights of the European Union.

The article provides an in-depth analysis of the judgments passed by the European Union Court of Justice in the context of Directive 93/13/EEC. The author draws attention to the effectiveness of consumer protection, which has to be ensured by national courts. The role of consumer organizations in providing protection to individual consumers is also noted and analyzed in the light of European Union Court of Justice adjudications

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