Dispute Resolution

Arbitrability of Consumer Disputes – Part II

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 II of the podcast delves into the international position on this issue as well as the recent judgment of England and Wales High where it refused to recognize a foreign-seated award, deciding on disputes between a consumer and a cryptocurrency exchange. The court found that the award violated public policy since the agreement was unfair to the consumer, and the arbitrator failed to consider English consumer protection laws even though the contract had a close connection to the UK. Amid the rapid expansion in global e-commerce, a difference in standards of arbitrability of consumer disputes globally requires more diligence on part of both businesses and consumers engaging in such transactions.