MANDATORY CONSENT ISSUES UNDER INTERNATIONAL ARBITRATION: THE CASE OF SPORTS AND CONSUMER ARBITRATION

Abstract

Arbitration has a long and honoured tradition in the resolution of commercial disputes to a great extent because of the stark differences from the rules and procedures by which judges resolve legal disputes under law in the traditional courts. The primary reason to its increasing popularity is its adjustability to the interests to the contracting parties. However, it has become controversial in its application to certain specific arena such as sports and consumer disputes when the arbitration clause and the rules of the process are imposed by more powerful bodies on individuals entering into the contract, and often without their voluntary or explicit consent. The impediment is further aggravated by the Courts upholding the validity of compulsory arbitration agreements. 

In this light, the paper seeks to analyze the approach of courts both in civil and common law countries to the mandatory consent clause in pre dispute arbitration agreements from a comparative perspective. Through this research paper, the cardinal role of judiciary in determining the validity of compulsory arbitration agreement has been explored. Finally, the paper suggests recommendations and remedial measures to bring about transparency and fair administration of justice in the existing system. This research paper has used secondary research methodology. Analysis is made by interpreting books, laws, journals, articles, websites etc. The sanctity of arbitration as an independent and impartial method of dispute resolution must be protected by implementing necessary measures.