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ARTICLE · 03 MAY 2023

OKCoin Ruling Highlights Importance Of Carefully Drafting Consumer Arbitration Clauses And Differences Between AAA And JAMS

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Online terms often govern the relationship between companies and their customers or end-users.

United StatesTechnology

Online terms often govern the relationship between companies and their customers or end-users. At least, that's what they're intended to do. As we've highlighted in a recent blog, however, the enforceability of online terms and conditions—and in particular, the mandatory arbitration clauses within them—have become increasingly subject to judicial scrutiny, with many judges refusing to enforce online terms when they find an absence of affirmative assent by the user. While the enforceability of online terms is often hotly contested, by far the most litigated issue is the enforceability of arbitration clauses. In fact, the Supreme Court is currently dealing with a case involving an arbitration clause from Coinbase, the largest cryptocurrency exchange in the United States.

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www.fkks.com

This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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