Consumatori, tutela collettiva, arbitrato: di miti (americani) infranti e timidi risvegli (europei)

The article deals with the crisis that has affected class action litigation in the United States, especially when seen as a device to defend consumers’ economic interests. The main hurdle is the increasing enforceability of mandatory arbitration clauses in consumer contracts, usually drafted in such a way that they are also able to prevent class arbitrations. In light of this trend, it would be advisable to take inspiration from the European rules that allow courts to declare pre-dispute arbitration clauses unfair, when such terms are contained in standard form agreements or at any rate have not been individually negotiated, and prescribe other safeguards. Nevertheless, the author argues that, in order to achieve an effective protection for consumers in Europe, these measures need to be combined with the strengthening of the means for collective redress.