“IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION.”
This analysis describes what Afterpay's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Because either party — not just Afterpay — may elect binding arbitration once informal negotiations fail, a user can be compelled into arbitration and foreclosed from litigating in court.
Interpretive note: The excerpt is truncated with an ellipsis, which may indicate omitted conditions or procedural terms governing how arbitration is conducted. The canonical claim reflects only what the quoted language establishes.
A reader whose dispute with Afterpay cannot be resolved informally may be required to resolve it through binding arbitration if either party elects that process.
How other platforms handle this
Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally...If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration.
You agree with us that, if either of us has concerns, we must first work together to resolve any dispute informally without resorting to legal action. You agree to contact us at legal@anyscale.com...
The services of JAMS are provided at no cost to you.
"IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, THE PARTIES AGREE THAT EITHER YOU OR WE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION.Excerpt from Afterpay's Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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Because either party — not just Afterpay — may elect binding arbitration once informal negotiations fail, a user can be compelled into arbitration and foreclosed from litigating in court.
A reader whose dispute with Afterpay cannot be resolved informally may be required to resolve it through binding arbitration if either party elects that process.
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
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