This document discusses the Brussels I Regulation and its protections for consumers in cross-border legal disputes within the European Union. The regulation gives consumers the right to settle disputes under the laws of their home country, which is more convenient and cost-effective. However, the regulation does not apply to arbitration. While arbitration may be inconvenient and costly for consumers, they also do not have equal bargaining power and businesses can choose arbitration to favor their interests over consumers. The document concludes that EU laws do not sufficiently protect consumers' rights in arbitral disputes and the regulation should be expanded to cover all transactions to be fair to consumers.

1. The Brussels I Regulation Business-to-Consumer Legal Jurisdiction within the European Union Eddy Hutchins and Joshua McArthur

2. The Internet E-Commerce Globilization Eddy Hutchins and Joshua McArthur

3. Eddy Hutchins and Joshua McArthur

4. Eddy Hutchins and Joshua McArthur Governing Law “By accessing this Site, you and Skype agree that all matters relating to your access to, or use of, this Site shall be governed by and interpreted in accordance with the laws of Luxembourg, and shall be subject to the jurisdiction of the courts of the district of Luxembourg.”

5. The Brussels I Regulation Within the European Union, the Brussels Regulation provides some protection in CERTAIN circumstances. Gives the consumer the right to settle a cross-border legal dispute under the laws of their home country. This is more convenient and cost-effective for consumers. Eddy Hutchins and Joshua McArthur

6. Litigation - noun The act or process of bringing or contesting a legal action in court. Eddy Hutchins and Joshua McArthur Arbitration - noun The hearing and determining of a dispute or the settling of differences between parties by a person or persons chosen or agreed to by them.

7. Bargaining Power in Contracts Eddy Hutchins and Joshua McArthur

8. Arbitration Is Inconvenient Travel to a foreign country is inconvenient and expensive The consumer may need to hire a legal advisor, this is unfair on the consumer and costly to obtain. Cultural and language barriers inhibit communication and difficulties can arise due to different legal systems. Eddy Hutchins and Joshua McArthur

9. Arbitration and litigation should be covered in exactly the same way. Eddy Hutchins and Joshua McArthur

10. Consumer Disadvantages They do not have the ability to negotiate contract terms. The business can use their autonomy to determine which court has jurisdiction over arbitration agreements and processes. A business can choose a court to supervise the arbitral procedures or hear challenges to the outcome by determining the jurisdiction of the final judgment. Eddy Hutchins and Joshua McArthur

11. Brussels I Regulation: Requirements The organization must either be from a state in the European Union, or have an branch, agency or establishment there. The commercial activity of the organization must have been directed at consumers in one the European Unionstates. Eddy Hutchins and Joshua McArthur

12. “The regulation shall not apply to arbitration.” - Article 1 (2)(d), Brussels I Regulation 2000 Eddy Hutchins and Joshua McArthur

13. Qantas vs. Jean Barnard Eddy Hutchins and Joshua McArthur VS.

14. Unfair Contract Terms Directive This legislation protects consumers rights in litigating disputes in cases of unfair contracts, or where contracts are imbalanced or detrimental to the consumer Eddy Hutchins and Joshua McArthur

15. Conclusions Consumers in arbitral disputes in e-commerce are not protected by any EU laws. To resolve the ethical issues raised, and to be fair to all consumers and protect their rights against businesses, the regulation should be expanded cover all transactions, litigative or not. Eddy Hutchins and Joshua McArthur