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Dr Leonardo V P de Oliveira presented a paper at the Dundee Law School Seminars

The paper was titled: ‘Inequality of Bargaining Power and Arbitration: The Tale of Uber'

  • Date25 November 2021

The paper presented is about a book chapter that Leonardo wrote and it is part of an edited collection to be published by Springer.

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The School of Law at University of Dundee runs a seminar series and Dr Leonardo V P de Oliveira was invited to present a paper in its seminars. The paper presented is about a book chapter that Dr de Oliveira wrote and it is part of an edited collection to be published by Springer. This collection will be the first volume of The London Centre for Commercial and Financial Law book series and it is titled: ‘Quo vadis commercial contract? Reflections on sustainability, ethics and technology in the emerging law and practice of global commerce’. The book will be edited by Maren Heidemann and Mads Andenas.

Dr de Oliveira contributed to the series with a chapter titled ‘Inequality of Bargaining Power and Arbitration: The Tale of Uber’. The presentation addressed the problem of inequality of bargaining power in the context of arbitration clauses. To do so, Uber was employed as a case study because the contract between Uber and its drivers tends to have an arbitration clause to solve disputes. This clause was put to the test in three jurisdictions under the same challenge that the clause restricts the contracting parties’ right to bargain. Such an obstacle raises questions of how appropriate arbitration can be when it is used to obtain an advantage over weaker parties.

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