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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
If you prevail in arbitration, you may seek an award of reasonable attorneys' fees and expenses, to the extent permitted under applicable law.
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous...
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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"Each party shall bear the expense of its own attorneys' fees and its out-of-pocket costs incurred in connection with the arbitration...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.
The clause states: “Each party shall bear the expense of its own attorneys' fees and its out-of-pocket costs incurred in connection with the arbitration...”
ConductAtlas has identified this type of provision across 210 platforms. See the full comparison.
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