Arbitration Clause
The operative text: scope, provider, rules, allocation of fees, and waivers.
A modern consumer arbitration clause is an engineered document. It names a provider and incorporates its rules, waives class treatment, delegates arbitrability, prescribes notice and informal resolution, sets a mass filing protocol, allocates fees, addresses confidentiality, and severs or blows up on invalidity. Each of those components is separately attackable, which is why permeation analysis matters so much in practice.
See also
- Arbitration AgreementThe contract term committing disputes to arbitration rather than court.
- Delegation ClauseA provision assigning questions of arbitrability to the arbitrator rather than a court.
- Severability ClauseA term preserving the remainder of an agreement if part is held invalid.
- Mass Arbitration ProtocolThe bespoke procedural regime a clause imposes once mass filings are triggered.
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