October 31, 2019 Articles

Online Arbitration: Avoiding the “Outer Limits” of Enforceability

A Ninth Circuit decision provides insights on contract principles governing online arbitration agreements.

By Erin Gleason Alvarez

Earlier this year, the Ninth Circuit Court of Appeals reviewed an online arbitration agreement for its enforceability. Ultimately, the appellate court upheld the lower court’s decision to allow for arbitration under the parties’ agreement. But the court of appeals also noted that the arbitration provision was on the “outer limits” of what is allowable.

This article reviews the standard applied by the court and provides considerations for drafting online arbitration provisions going forward. 

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