California Mediation and Arbitration

Category: Arbitration: Internet Commerce

Internet Commerce: Ninth Circuit Holds A Mobile App Failed To Provide Constructive Notice Of Arbitration Agreement

December 31, 2019 · Arbitration: Existence of Agreement, Arbitration: Internet Commerce

An Issue Of First Impression — Did A Smartphone App Impart Constructive Knowledge Of An Arbitration Agreement?         The Ninth Circuit has decided an issue of first impression for the court:  "[U]nder what circumstances does the download or use of a mobile application ('app') by a smartphone user establish constructive notice of the app's terms […]

Arbitration, Internet Commerce: 9th Circuit Tests Limits Of “Reasonably Conspicuous” Provision In Internet Commerce Adhesion Contract

June 17, 2019 · Arbitration: Burden of Proof, Arbitration: Existence of Agreement, Arbitration: Internet Commerce, Arbitration: Standard of Review

Plaintiff Had To Jump Through Hoops To Get To Arbitration Clause.         For our next case, we add a new sidebar category: "Arbitration: Internet Commerce." "This case tests the outer limits of what constitutes a 'reasonably conspicuous' provision as part of the terms of usage so prevalent in the adhesion contracts of modern internet commerce," […]