A federal appellate court found that a mere "pop-up" window appearing during a contract signing was not sufficient to prove that an arbitration clause was properly communicated between parties.

The U.S. Court of Appeals for the Eighth Circuit issued an opinion Dec. 5 remanding a contract dispute case to trial and denying a motion to compel arbitration by a group of defendants which argued that an arbitration clause was incorporated by reference from other terms and conditions. The defendants, financial service providers, also argued that the terms mentioning arbitration were made available "in several places," including on their web portal.