Clickwrap and Browsewrap Agreements

For anyone either drafting  an arbitration agreement based upon a website hyperlink or litigating over one, Valiente v. Nexgen Global, LLC, 2023 U.S. Dist. LEXIS 169829 (S.D. Fla. September 25, 2023)(Altman, J.), is a good starting point for your research.  Defendant moved to compel arbitration, arguing that, by ordering through its website, Valiente accepted Terms and Conditions that included a mandatory arbitration provision.  Judge Altman rejects the argument and denies the motion to compel.  The opinion gives a good explanation of both clickwrap and browsewrap agreements, along with the court’s view as to whether the hyperlinks on defendant’s site were conspicuous enough to put the user on notice of the arbitration clause.  The opinion includes helpful screen shots of the subject site. (Because the screen shots cover some of the text, you should also look at Valiente, 2023 U.S. Dist. LEXIS 169947 (S.D. Fla. September 25, 2023), which is the same opinion, but without the graphics).

Upcoming Events

Because there is only one case today, here’s a look at some upcoming events in the arbitration world.

New York Arbitration Week

This annual gathering of the international arbitration community will take place from November 13^th to 17^th.   For more information on the extensive programming which will be presented, keep an eye on   nyarbitrationweek.com.  The site is updated regularly, so you may want to bookmark it.

ABA Forum on Franchising

Franchise and distribution agreements are an active arena for domestic arbitration.  Practitioners in that field will gather in Dallas on November 1st through 4th.  The broad range of presentations on the current state of the law will be important to anyone serving as an arbitrator or mediator in this area.  For more information and registration go to https://web.cvent.com/event/db5da6a4-b4d4-4db3-a70a-21a6e217d8a8/regProcessStep1

New York Arbitration Events

For a complete and timely update on arbitration events in, around, and, sometimes, even outside of New York City, follow Rekha Rangachari’s highly useful weekly events email.  You can subscribe to it on the home page of the New York International Arbitration Center, nyiac.org.

ABA Section of Dispute Resolution

The Section will be holding its two-day Advanced Mediation and Advocacy Skills Institute virtually on October 18^th and 19^th.  The line-up of speakers is exceptional.  You can get more information and register at https://web.cvent.com/event/19abe178-851c-4c61-8f8e-6ca3da48524a/summary.  I hope to “meet” you there.

David A. Reif, FCIArb
Reif ADR
Dreif@reifadr.com
Reifadr.com