“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...”
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
you may reject the change by sending us written notice within 30 days of the change to Credit Karma's address for Notice, in which case your account with Credit Karma will be immediately terminated
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change: Target Law Department...with a clear statement that yo...
If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding...would allow class arbitration...this entire dispute resolution section will be unenforceable.
"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.
Get the weekly coverage letter
Companies change their terms without announcing it. We capture governance documents, compare each new version with the last, and publish what changed, with the source text behind it. One email a week on what we found and what we could not reach.
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 196 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Brex.