Legal Journals

Canada on Dell

By elin

The Supreme Court of Canada finally decided the much anticipated Dell Computer Corp. v. Union des consommateurs case. Online retailer Dell attempted to object to a class action commenced in Québec by relying on a National Arbitration Forum arbitration clause, mentioned only in the terms and conditions of its website. Dell argued that the customer who had initiated the class action was bound by an enforceable arbitration agreement and that this clause allowed the customer only to bring an individual claim before an arbitral tribunal. The Supreme Court reversed the lower court?s decision by holding the arbitration clause enforceable, dismissed the class action and referred the consumer?s claim to arbitration.

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Full post as published by Harvard International Law Journal Digest on November 18, 2007 (boomark / email).