December 09, 2024 | New York Law Journal
Court of Appeals Holds that Arbitration Agreements Can Be Formed Through ‘Clickwrap’ ProcessNew York joins a growing number of states to explicitly hold that arbitration agreements entered into through a web-based “clickwrap” process are validly formed. Where such clickwrap agreements to arbitrate delegate decision-making to the arbitrator for all questions of arbitrability, once contract formation is established, it is for the arbitrator to determine enforceability and applicability.
By Jeremy A. Cohen and Lily Kim
8 minute read
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