Digitized by Kansas Correctional Industries

Digitized by Kansas Correctional Industries

The text deals with some fundamental issues concerning arbitration clauses in consumer contracts and protection of consumers during arbitration proceedings. The purpuse of the thesis is to analyse current regulation of this field in the Czech Republic and evaluate changes brought about by amendment of Act No. 216/1994 Coll., on Arbitration and Enforcement of Arbitral Awards, which have come into force on 1st April 2012. The thesis is composed of five chapters. Chapter One is rather general and characterises major institutes of arbitration (with regard to disputes arising out of consumer contracts). Its eleven parts report on definition of arbitration and its forms, its inclusion among ADR mechanisms, reflections on suitability of arbitration in consumer disputes, its history and recent development, legal sources, basic principles, advantages and disadvantages in consumer disputes, main doctrines and fundamental conditions for arbitration (arbitrability and arbitration agreement). Chapter Two focuses on so-called "arbitration centres". The chapter consists of for parts. Part One describes their legal status. Part Two refers to recent discussions about admissibility of arbitration clauses recommended by centres. The next part seeks to draw attention to critical views of case law mentioned in the previous...

Thesis--Lund. / Extra t.p. with thesis statement inserted. Summary in English. Includes bibliographical references.

Thesis (M.S.)--Rochester Institute of Technology, 2009. / Typescript. Includes bibliographical references (leaves 142-174).

Thesis (Ph. D.)--University of Texas at Austin, 1999. / Vita. Includes bibliographical references (leaves 225-232). Available also in a digital version from Dissertation Abstracts.

Thesis (Ph. D.)--Stanford University, 2002. / Includes bibliographical references (leaves 258-276).

Thesis (Ph. D.)--University of Wisconsin--Madison, 1980. / Typescript. Vita. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 161-167).

This study explores the nature and significance of consumer dispute processes in China. It examines access to consumer justice issues, with particular reference to both consumer experience and the roles that the state, legal professionals and other social actors play in the consumer dispute processes. It focuses on one local area (Shenzhen, China) and uses an in-depth ethnographic approach to offer a realistic picture of consumer dispute resolution in China's socialist market economy. The principal question addressed is: how are consumer disputes resolved in this part of China today? The study analyses consumer dispute resolution practices in terms of various channels, including the handling of cases in the Consumer Council, the regulator's reporting system, the courts, the media, and online platforms. It determines that mediation or tiaojie in Chinese (by whatever provider) continues to be the dominant type of consumer dispute process. However, the style of mediation used - often differs from the approach to mediation in the common law world - is conducted by staff in public bodies and is a didactic process used largely to contain the impact of the dispute. The study also explores 'professional' consumers, who may well see themselves as ordinary consumers or mere citizens, but who develop expertise through repeat asserting of consumer rights in various consumer dispute processes. These professionals are regarded in this study as a modest form of 'consumer citizen' in China, and their activities do encourage reforms, despite sometimes hostile official attitudes. The present work contributes to our understanding of consumer protection and legal developments in China, and through its analysis of the China case offers contributions to the more general literature on dispute resolution, consumers' access to justice, and consumer protection.

The thesis focuses on the consumer protection in public law. The objective of the thesis is especially give a general and complex view of the topic. The text is, apart from the introduction and the conclusion, divided into three parts. The first part introduces the topic by defining the term consumer and by studying the consumer protection. Subsequently a view on the differences between the public and private law is provided, so these could be applied in the study about the consumer protection in public law and about its characteristics and differences with consumer protection in private law. In the end of the first part an overview is given about norms, in which the consumer protection in public law is included, in European and Czech legislation. The two next parts amend the general first part by more particular look on the topic in certain areas. These areas are determined by the thesis that the consumer protection in public law consists mainly of the imposing of duties to persons who produce, import or sell products or provide services, in the administrative inspection over these duties and in arising liability in the case of breaching them. The second part brings nearer selected duties which aim to consumer protection - study about trans-sectional affecting prohibition of unfair commercial practices is...