Enforcing Online Arbitration Agreements for Cross-Border Consumer Small Claims in China and the United States

Johnson, Philip

Journal: UC Law SF International Law Review

Volume: 36

First Page: 577

Year: 2013

Bluebook Citation: 36 UC L. SF INT'L L. REV. 577 (2013)

Author: Philip J. Johnson: all 3 publications


Abstract

This Article analyzes the enforceability of provisions found in international business-to-consumer contracts that mandate online arbitration between the parties to resolve their disputes. Specifically, the Article assesses the applicability of the New York Convention, Chinese law, and United States law to contracts that require online arbitration for disputes that arise out of low value transactions between businesses and consumers in China and the United States. The Article concludes with recommendations for changes in the law that aim to improve online dispute resolution, thereby promoting online commercial activity.

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