Alternative dispute resolution in Europe - Competition of ideas or forum shopping possibilities in the light of national regulation and implementation duty?
Abstract
This article deals with the comparison of the national implementation of consumer ADR provisions, which became mandatory in 2015. After a brief overview of the national institutional systems of alternative dispute bodies the paper seeks answers for two questions: how does national legislation support national institutional approaches or encourage incorporation of "best practices" from other Member States, so that "competition of ideas" can be carried out between the different legal systems? On the other hand: how far can institutional competition (forum shopping) be fulfilled in the European system of alternative dispute resolution? After a general analysis of competitive opportunities afforded by the Regulation and the Directive the article deeply analyzes the concrete application of other national ideas or best practices and forum shopping possibilities in the Hungarian and Czech alternative dispute resolution systems, with particular emphasis on missed opportunities of supporting competition.