Whilst tidying up my old records I rediscovered an interview with LexisNexis on compulsory arbitration: httpJoin us on Twitter – and give up your right to sue (although it would have been nice if my name were correctly spelled).
These specific protections in EU (and English) law are ones which the Consumer Rights Act 2015 (Sch2, Part 1, p.20) now enshrine that prohibition on compulsory exclusive arbitration clauses.
This is an important reminder that, even as the courts are considering how our procedural systems need to develop to face the 21st century, the right of access to the court is pivotal and that all alternative dispute resolution systems depend upon ultimate enforceability at law and the ability to have a case heard – especially where one party is significantly weaker than another.