Evidentiary Precondition
A clause term requiring documentary proof of a claim before arbitration may be initiated.
Rather than screening claims after filing, an evidentiary precondition front-loads the burden: the demand must attach proof of the transaction, the account, or the injury before it counts as filed. Well drafted, it filters unvetted inventory at low cost. Overdrawn, it becomes a claim-suppressing device — and courts assessing unconscionability ask whether an ordinary consumer could realistically satisfy the requirement years after the underlying transaction.
See also
- Claimant VettingVerification that each claimant is real, identifiable, and actually bound by the arbitration agreement.
- Pre-Arbitration NoticeA contractual requirement to notify the respondent and attempt informal resolution before filing.
- Substantive UnconscionabilityTerms so one-sided as to shock the conscience.
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