The Application of Online Arbitration for International Online Business to Consumer Disputes: The Case of the European Union, the United Kingdom and Türkiye

The rapid growth of international online business-to-consumer (B2C) transactions made it necessary the creation of dispute resolution mechanisms that are both accessible and efficient. This thesis investigates the potential of online arbitration as a resolution for international B2C disputes, with a particular emphasis on the EU, UK and Türkiye.

It investigates the technological infrastructures, institutional practices, and legal frameworks that facilitate online consumer arbitration in these regions. The study evaluates the efficacy of online arbitration in promoting consumer confidence in cross-border ecommerce, reducing costs, and delivering timely and fair results.

The research identifies critical factors for the success of online arbitration, including arbitrability of consumer disputes, the enforceability of online arbitration agreements, consumer protection and transparency of consumer arbitration clause, through a comparative analysis.

The research investigates the arbitrability of consumer disputes by analysing the legal frameworks in the EU, UK and Türkiye that determine which disputes can be resolved through online arbitration. It also assesses the enforceability of online arbitration agreements, recognising potential legal and procedural obstacles that may hinder their implementation and acceptance.

A critical component of online arbitration is consumer protection, which involves the examination of how it can be designed to effectively protect consumer rights and interests. The transparency of consumer arbitration clauses is critically analysed to ensure that consumers are fully informed about their rights and implications of consenting to arbitration.

The results contribute to the discussion on the modernization of consumer arbitration in the digital era, providing policy recommendations for enhancing the online arbitration landscape in the EU, UK and Türkiye.