디지털 플랫폼 기반 소비자거래와 대량중재 :미국의 최근 판례와 AAA 개정

Mass Arbitration in Digital Platform-Based Consumer Transactions : Recent Cases and AAA Reforms in the U.S

This study examines the phenomenon of mass arbitration in digital platform environments, focusing on recent U.S. court decisions and amendments adopted by the American Arbitration Association(AAA), and analyzes its implications from the perspectives of digital trade and consumer protection. As illustrated by cases such as Intuit, Uber, DoorDash, Wallrich, and Heckman, the widespread use of standard form contracts that exclude class actions and mandate individual arbitration has not led to a reduction in disputes. Instead, it has resulted in the simultaneous filing of a large number of individual arbitration claims, giving rise to mass arbitration. These cases demonstrate that mass arbitration procedures may generate fairness concerns for both consumers and businesses. In particular, DoorDash represents a paradigmatic example of mass arbitration, in which thousands of delivery drivers filed individual arbitration claims after the platform introduced mandatory individual arbitration and class action waivers in its standard terms. The court held that the company could not avoid the procedural and financial consequences of the arbitration framework it had chosen, thereby confirming the structural characteristics of mass arbitration. Through an analysis of U.S. case law and the AAA’s Mass Arbitration Supplementary Rules, this study highlights emerging challenges in consumer dispute resolution in the digital trade environment. The dominant position of global platform companies and the use of potentially unfair arbitration procedures pose significant risks to consumer rights. Accordingly, a central task for dispute resolution systems in the digital trade era is to institutionally balance efficiency and fairness.