Voutyrakos, Nikolaos
ORCID: https://orcid.org/0009-0006-2014-7618 and Oak, Akanksha
(2026)
Old Wine in New Bottles: The Accord and Satisfaction Doctrine and the Arbitration: Litigation Interplay.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 92 (3).
pp. 383-406.
Wolters Kluwer Legal & Regulatory - International Group
.
ISSN 0003-7877
Available at: https://testcdn.kluwerlawonline.com/journalarticle...
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Abstract
The accord and satisfaction doctrine permits contractual obligations to be extinguished through mutually agreed substitute performance. Yet its intersection with commercial arbitration reveals a procedural vulnerability: purported settlements are weaponized as jurisdictional shields to oust arbitral tribunals and extinguish a claimant’s access to their chosen forum. This paper argues that this misuse rests on a doctrinal misclassification. Objections grounded in accord and satisfaction, particularly where settlements are contested on grounds of coercion or unequal bargaining power, are not jurisdictional but go to admissibility. This distinction, reinforced by the separability and competence-competence doctrines, ensures tribunals rather than courts evaluate the voluntariness of contested settlements. Building on this framework, the paper develops a contextual standard of proof, resolves the tripartite choice-of-law conflict between the lex contractus, settlement law, and lex arbitri, and offers concrete drafting templates for practitioners. The result is a principled framework protecting arbitral integrity without destabilizing legitimate commercial settlements.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Accord and satisfaction | Settlement | Arbitration | Jurisdiction | Admissibility | Coercion | Choice of Law |
| Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
| Vol/Issue no. published date: | August 2026 |
| Depositing User: | Mr. Syed Anas Ali |
| Date Deposited: | 31 Aug 2026 04:55 |
| Last Modified: | 31 Aug 2026 04:55 |
| Official URL: | https://testcdn.kluwerlawonline.com/journalarticle... |
| URI: | https://pure.jgu.edu.in/id/eprint/12361 |
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