Dispute Resolution

Arbitrability of Consumer Disputes – Part I

Dec 15, 2023

Standards for arbitrability of consumer disputes differ globally. In a two-part podcast, members of our international dispute resolution team, Alipak Banerjee, Shweta Sahu and Ritika Bansal offer a comprehensive analysis of the latest stances adopted by Indian and English courts on this pivotal issue. Part I of the podcast delves into the recent affirmation of the Indian Supreme Court of the Telangana High Court's refusal to appoint an arbitrator in a consumer dispute. The Supreme Court held that consumer disputes can only be subject to arbitration if the consumer opts for it after the dispute arises, notwithstanding any pre-existing arbitration agreements between them. Through this ruling, the Supreme Court emphasised that a consumer should not be deprived of the specialised remedies provided to it under the Consumer Protection Act.