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The arbitration clause in consumer contracts: legal implications and challenges for consumer protection
This paper analyzes the arbitration clauses included in consumer contracts, focusing on the implications of their use for access to justice. Through an analysis of regulatory developments and recent case law, the advantages and disadvantages of arbitration in consumer relations are addressed, revealing that, although arbitration can offer benefits such as faster and more specialized resolution, it can also impose a disproportionate financial burden on the consumer, thus limiting effective access to justice. It also highlights that regulatory development in this area has been marked by the absence of specific regulations, which has generated uncertainty regarding the abusive nature of these clauses. Therefore, a case-by-case analysis is necessary to determine whether arbitration clauses are abusive, establishing that they will be considered abusive if they create an unjustified imbalance to the detriment of the consumer. In conclusion, the adoption of a regulatory model adapted to local particularities is proposed, inspired by Spain's Consumer Arbitration System, with the aim of guaranteeing more equitable and effective access to justice for consumers.
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