Cross-border dispute resolution in Europe: Looking for a new “normal”

Abstract

We live in an increasingly digitally mediated, platform-based environment characterised by remote working, schooling, shopping, and socialising, where national borders blur and geographical location importance decreases. One of the main effects of this transformation is the growing relevance of cross-border (actual and potential) disputes and, therefore, the need for adequate means to address and resolve them. Geographically bounded forms of dispute resolution based on national justice systems, courts, and independent judges have shown their limits to face the new challenge. Building on Canguilhem’s work on the norm, normal and pathological concepts, the paper explores the European Union’s attempt to provide adequate cross-border dispute resolution mechanisms through traditional justice means, showing achieved results and limits. The paper then explores the increasing role of dispute resolution mechanisms integrated into platforms, such as Amazon, eBay and Booking, that bring together service-and-goods providers and buyers/users. These platforms 1) act as third parties in the adjudication of controversies and 2) deploy crowd-based adjudication and enforcement instruments.