Olli Mäkelä’s Article on Pathological Arbitration Clauses Published by Edilex

So-called pathological arbitration clauses are interesting from the point of view of both contract law and arbitration law. The mutual will of the parties should be respected, but it sometimes happens that it is not possible to adhere to the direct wording of an arbitration clause. Pathological, or at least unclear, arbitration clauses are also surprisingly common in practice.

The Supreme Court recently issued a decision in a matter pertaining to a pathological arbitration clause. Olli Mäkelä’s short article on pathological arbitration clauses in light of the decision was recently published by Edilex, a continuously updated legal information service produced by Edita Publishing Ltd. You can access the full text here. The article is only available in Finnish.