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- Title
Cláusulas arbitrales abusivas y disuasivas en la economía digital.
- Authors
MÁRQUEZ RUIZ, GALO MARTÍN
- Abstract
As the economy makes inroads into the digital industry, consumer rights are restricted and the interest of companies to innovate is limited. This raises questions regarding the validity, effects and practicality of arbitration clauses contained in the terms and conditions of digital platforms, applications, and online services. Unnoticed, questionable practices have been introduced in the drafting of these clauses, further limiting social rights that not always find support on judicial precedents. This article begins by establishing a doctrinal approach on the application of such clauses, given the academic and doctrinal inactivity on these matters in the digital sector. Based on this, it analyzes arbitration clauses in digital platforms that in recent years have been subject to investigations for anti-competitive practices. Through this analysis, a mechanism is proposed for the study of claims arising from the relationship between digital companies and consumers, as well as the use of objective terms to solve the legal problems that will inevitably result from the interaction between digital economy, consumer rights and economic competition.
- Subjects
HIGH technology industries; DIGITAL technology; SOCIAL &; economic rights; ECONOMIC competition; CONSUMERS; ARBITRATION clauses (Contracts); EMPLOYEE rights
- Publication
Revista Contexto, 2022, Issue 57, p67
- ISSN
0123-6458
- Publication type
Article
- DOI
10.18601/01236458.n57.05