As online cross-border business-to-consumer (“B2C”) arbitration is a type of international arbitration, and as the New York Convention 1958 (NYC) has more than 144 signatories, the enforcement of an online crossborder B2C arbitration clause is most likely to be governed by the rules of the NYC. However, two issues in the NYC rules can seriously impact the certainty of the enforceability of the online B2C arbitration clause. The first is the issue of satisfying the formal validity requirement under Article II(1), (2) of the NYC. The second is that of violating the public policy exception to the enforcement of an arbitration clause under the NYC. This article explains these two issues and it will conclude with the suggestion that a new regulatory model for online B2C arbitration is required and that such a model would eliminate uncertainties resulting from the current rules of the NYC.
Journal of International Arbitration