Consumers with similar claims in the United States (US) often join forces to pursue remedies using class actions. This allows them to obtain remedies with little cost and effort and serves a ‘private attorney general' function by bringing light to purchase problems and deceptive practices that...

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute...

This is a response to the Consumer Financial Protection Bureau (CFPB)'s request for information regarding the CFPB's reporting practices of consumer complaint information. Publicly releasing information about consumer complaints is essential to the CFPB's primary purpose of ensuring that...

A great deal of discussion focuses on how arbitration and similar private dispute resolution harms consumers, and how businesses seek ways to avoid helping consumers. It is often assumed that companies and consumers are on opposing “teams.” In reality, however, consumers and companies enjoy...

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face–to–face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce....

Arbitration has been moving online for some time, especially with the growth of Online Dispute Resolution (“ODR”), which includes using technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (“OArb”) is nonetheless a unique subset of...

Recently, the Supreme Court of Canada in Uber Technologies Inc v Heller used the unconscionability doctrine to strike down a pre-dispute arbitration clause in an Uber driver agreement that required arbitration in the Netherlands. This has led some to ask: How would a court in the United States...

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution (ODR), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof. Online Arbitration (OArb) is nonetheless a unique subset of ODR because...

Technology is revolutionizing the Alternative Dispute Resolution (ADR) field, especially in the wake of Covid-19. Despite the long-held assumptions that increasing understanding, building empathy, and crafting resolution are only possible in-person, effective ways have emerged for assisting the...