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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
Because either party can elect arbitration at its sole election, Brex can unilaterally compel binding arbitration on any dispute, foreclosing court litigation whenever Brex chooses.
The reader may elect binding arbitration, but so may Brex at its sole election, meaning the reader may be required to arbitrate rather than litigate regardless of the reader's preference.
How other platforms handle this
If you prevail in arbitration, you may seek an award of reasonable attorneys' fees and expenses, to the extent permitted under applicable law.
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and permitted assigns...
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"Either you or we may, at either's sole election, require that the sole and exclusive forum for resolution of a Dispute be final and binding arbitration pursuant to this Binding Arbitration section...Excerpt from Brex'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.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
Because either party can elect arbitration at its sole election, Brex can unilaterally compel binding arbitration on any dispute, foreclosing court litigation whenever Brex chooses.
The reader may elect binding arbitration, but so may Brex at its sole election, meaning the reader may be required to arbitrate rather than litigate regardless of the reader's preference.
ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Brex.