Consumer protection and arbitration in mass consumption adhesion contracts. A comparative look between Brazil and U.S.

Authors

  • Jair Gevaerd

Keywords:

Consumer Protection in Brazil and in the U.S. Mass Consumption Adhesion Contracts x Class Actions x Arbitration.

Abstract

Based upon (i) a comparative reading of the consumer protection legal system in Brazil and in the United States, regarding mass consumption adhesion contracts, and (ii) the analysis of the most recent precedents of the American Supreme Court validating arbitration agreements in which consumers waive class actions, the article highlights the different role that arbitration plays in both institutional environments. The article also questions whether an uniformization of the consumer protection system referring mass consumption adhesion contracts would be (a) possible and/or (b) desirable, in view of the ever-growing globalization and the economic consequences of uneven domestic legal regimes, mainly in highly monopolized industries as telecommunication, motor vehicle manufacturing/distribution, insurance, financial services and products, processed food, among others.

Author Biography

Jair Gevaerd

Attorney at Law and Senior Partner at Gevaerd & Associates (1985/2019). Arbitrator. Mediator with experience in the Los Angeles County Courts (Alhambra, Downey, Inglewood and Van Nuys). Professor of Corporate Law, International Law and Conflict of Laws (Pontifical Catholic University of Parana – PUC/PR – 1985/2019). State Attorney at the Parana State General Attorney’s Chamber (1986/2019). Specialist in Development Law (International Development Law Organization – IDLO – Rome – Italy – 1986), Master and Doctor (Ph.D.) in Corporate Law (Parana State Federal University – UFPR – 1995 and 2000). Master of Laws (LL.M) in Dispute Resolution, concentration in arbitration (Straus Institute for Dispute Resolution/Pepperdine University – 2017).

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