Are Pre-Dispute Agreements to Arbitrate Online Enforceable?

Are Pre-Dispute Agreements to Arbitrate Online Enforceable?, 7 ARB. BRIEF (2020).

39 Pages Posted: 21 Apr 2020 Last revised: 3 Feb 2021

See all articles by Caleb Gerbitz

Caleb Gerbitz

Meissner Tierney Fisher & Nichols S.C

Date Written: January 25, 2020

Abstract

Despite the growing popularity of online dispute resolution and the near-ubiquitous nature of pre-dispute agreements to arbitrate in consumer contracts, these trends have not yet collided in the form of a pre-dispute agreement to arbitrate in an online forum. This article explores these parallel upward trends, the reasons such clauses are not yet in use, and concludes that pre-dispute agreements to arbitrate online may soon come into use. Next, it relies on current precedents to examine the likely enforceability of pre-dispute agreements to arbitrate online and conclude such agreement would most often be enforced. Finally, the article closes by surveying the likely implications of permitting pre-dispute agreements to arbitrate online.

Keywords: law, arbitration, contracts, ODR

Suggested Citation

Gerbitz, Caleb, Are Pre-Dispute Agreements to Arbitrate Online Enforceable? (January 25, 2020). Are Pre-Dispute Agreements to Arbitrate Online Enforceable?, 7 ARB. BRIEF (2020)., Available at SSRN: https://ssrn.com/abstract=3561674

Caleb Gerbitz (Contact Author)

Meissner Tierney Fisher & Nichols S.C ( email )

Milwaukee, WI
United States

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