Online Arbitration Clauses After Sgouros: Down But Not Out

Law360, New York (May 6, 2016, 11:24 AM EDT) -- Edward P. Boyle

Shahin O. Rothermel E-commerce has made contract formation a grayer area than it was in simpler days of seals and signatures. Retailers who sell their wares via the internet often seek to bind their electronic customers to terms that govern the purchase. Case law is developing to address the enforceability of these different forms of electronic agreement. Courts have struck many of the website arbitration clauses they've seen. Critically, however, they have articulated the circumstances in which a retailer could bind a customer to terms through its website.

Retailer websites typically attempt to obtain consumers' assent to terms...

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