It is increasingly common for large enterprises, particularly
those who work internationally, to rely on compulsory arbitration
clauses to settle disputes arising from their contracts. The
reasons for this are many, but from an international perspective
the most tangible benefit is the ability to remove the
peculiarities of individual jurisdictions and place disputes into a
central framework that suits the requirements (and understanding)
of the business. The online marketplace only exacerbates this
issue, with products and services offered to a wide variety of
persons and corporations, with whom each contract may be subject to
a different jurisdiction and different applicable law. Commercial
arbitration promises enterprises certainty, but in removing
protections put in place by the local jurisdiction, it may
contradict applicable Australian law.
