Provision record
Brex · Brex Terms of Service · View original document ↗

Arbitrability disputes decided by court not arbitrator

Medium severity Explicitdocumentlanguage Common · 210 of 352 platforms
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This analysis describes what Brex'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

How other platforms handle this

Lyft Medium

ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM ... SHALL BE DECIDED BY THE ARBITRATOR, except as expressly provided below.

Chegg Medium

all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator...

Wise Medium

Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...

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▸ View Original Clause Language DOCUMENT RECORD
"
All issues will be for the arbitrator to decide, except issues relating to arbitrability, the scope or enforceability of this Binding Arbitration section...shall be for a court of competent jurisdiction to decide.

Excerpt from Brex's Terms of Service

Provision details

Document information
Document
Brex Terms of Service
Entity
Brex
Document last updated
May 5, 2026
Tracking information
First tracked
Last verified
Record ID
CA-P-075353
Document ID
CA-D-00533
Evidence Provenance
Source URL
Wayback Machine
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Brex
Document: Brex Terms of Service
Record ID: CA-P-075353
Captured: UTC
URL: https://conductatlas.com/platform/brex/brex-terms-of-service/provision/CA-P-075353/arbitrability-disputes-decided-by-court-not-arbitrator/
Accessed: July 25, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Brex's Arbitrability disputes decided by court not arbitrator clause do?

The clause states: “All issues will be for the arbitrator to decide, except issues relating to arbitrability, the scope or enforceability of this Binding Arbitration section...shall be for a court of competent jurisdiction to decide.”

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.

Is ConductAtlas affiliated with Brex?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Brex.