תודה רבה,

בינתיים ראה להלן ההתבטאות שלי, בעקבות שיחותי עם ארה"ב וקרואטיה (ולאחר שהתייעצתי עם תמר):

It seems to us that based on the comments thus far – perhaps we misunderstood – is that the Chinese proposal, and the EU's position, is that of a cross-the-board recommendation default. IF that is ithe case, that would ignore the legitimate possibility for businesses to agree to pre-dispute arbitration in B2B transactions. It seems to us  that is in effect creates a one-size-fits all solution for B2B and B2C, and it is increasingly apparent that such as solution is not desirable. Accordingly, perhaps a solution could be to bifurcate the rules – arbitration rules for B2B, and the Chinese proposal with a recommendation default for B2C transactions. This is consistent with the working group's current mandate of addressing both B2b and B2C concerns. Of course, as the Chair said, that would entail defining who is a consumer, but perhaps we are at a juncture where such a definition is unavoidable.

הסיבה היא לפחות לנסות לנצל בוררות ל-B2B - אין סיבה שלא.