First Paragraph
Arbitration clauses have become a defining feature of international digital commerce, frequently governing disputes between consumers and corporations. While arbitration is a favorable alternative to litigation, it can be inaccessible to average consumers. Due to financial and public policy concerns, courts in Canada have held some arbitration clauses unenforceable due to unconscionability. This paper argues that these decisions strengthen rather than undermine international arbitration, maintaining it as an effective dispute resolution mechanism and not just a bar to consumer lawsuits.
Recommended Citation
Jamie Gomes, Unenforceability of Arbitration Clauses: How Recent Canadian Decisions Impact the Legitimacy Crisis in International Arbitration, 17 Arb. L. Rev. 167 (2026).