Court of Appeals Holds that Arbitration Agreements Can Be Formed Through ‘Clickwrap’ Process
New 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.
December 09, 2024 at 08:09 AM
8 minute read
Courts across the country have held that “clickwrap” arbitration agreements—whereby consumers manifest their assent by clicking to accept online terms of use that include arbitration clauses—are validly formed where the terms of the agreements are available to users for review before they click.
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