Arbitration Agreement
The contract term committing disputes to arbitration rather than court.
In consumer and employment settings the agreement is typically a clause inside a longer form contract accepted by conduct — creating an account, clicking through terms, continuing employment. Its enforceability turns on ordinary contract formation questions plus the state-law defences the FAA preserves, of which unconscionability is by far the most litigated.
See also
- Arbitration ClauseThe operative text: scope, provider, rules, allocation of fees, and waivers.
- Contract of AdhesionA standard-form contract offered on a take-it-or-leave-it basis.
- UnconscionabilityThe contract defence that voids terms that are both oppressively imposed and unreasonably one-sided.
- Federal Arbitration Act (FAA)The 1925 statute making written arbitration agreements valid, irrevocable, and enforceable.
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