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The agreement requires all disputes to be resolved through binding arbitration rather than court proceedings. EEA, Switzerland, and UK customers proceed under ICC rules in London; all other customers proceed under JAMS Streamlined Rules in San Francisco, with disputes exceeding $250,000 in controversy heard by a three-arbitrator panel.
This analysis describes what Harvey AI'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
This provision requires disputes to proceed through private arbitration under specified institutional rules, with the seat and governing rules varying by customer geography. The threshold of $250,000 triggers a three-arbitrator panel, which is operationally relevant for fee and liability disputes that may approach or exceed the standard liability cap.
Under this clause, parties are required to resolve disputes through binding arbitration proceedings rather than litigation. The applicable arbitral rules, seat, and panel composition depend on the customer's geographic location and the amount in controversy.
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"Any dispute, claim or controversy arising out of or relating to this Agreement or its breach, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration. For customers in the EEA, Switzerland or UK, matters will be determined by a sole arbitrator in London, subject to the Rules of Arbitration of the International Chamber of Commerce. For all other customers, matters will be determined by a sole arbitrator in San Francisco subject to JAMS' Streamlined Arbitration Rules and Procedure. For matters with a disputed amount in controversy of more than $250,000, the matter will be heard before a panel of three arbitrators in the same seat/venue and under the same applicable rules specified above.Excerpt from Harvey AI's Terms of Service
(1) REGULATORY LANDSCAPE: The arbitration clause engages the Federal Arbitration Act for US-seated proceedings and the New York Convention for international enforcement of awards. For EEA customers, the enforceability of B2B arbitration clauses under EU law generally does not raise the same concerns as consumer arbitration, but jurisdiction-specific rules in EU member states may affect enforcement. The EU's Brussels I Recast Regulation may interact with the London seat for EEA customers following Brexit. (2) GOVERNANCE EXPOSURE: Medium. The clause covers all disputes including scope and applicability of the arbitration agreement itself, which means challenges to the arbitration clause are also directed to the arbitrator rather than a court in the first instance. This is a standard delegation clause in commercial arbitration but has operational significance for parties seeking to challenge the agreement's enforceability. (3) JURISDICTION FLAGS: EU member state courts may retain certain supervisory jurisdiction over arbitral proceedings depending on the applicable national arbitration law. UK customers are subject to the Arbitration Act 1996 for London-seated proceedings. California customers are subject to JAMS rules and California arbitration law may apply to procedural questions. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether the JAMS Streamlined Rules are appropriate for the complexity of anticipated disputes; matters over $250,000 trigger a three-arbitrator panel which may increase cost and duration. The clause permits parties to seek provisional remedies in court, preserving emergency injunctive relief options. (5) COMPLIANCE CONSIDERATIONS: Legal teams should note that the arbitration clause covers claims relating to data breaches, which means data breach liability disputes are also subject to arbitration rather than litigation, potentially affecting parallel regulatory proceedings or third-party notifications.
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This provision requires disputes to proceed through private arbitration under specified institutional rules, with the seat and governing rules varying by customer geography. The threshold of $250,000 triggers a three-arbitrator panel, which is operationally relevant for fee and liability disputes that may approach or exceed the standard liability cap.
Under this clause, parties are required to resolve disputes through binding arbitration proceedings rather than litigation. The applicable arbitral rules, seat, and panel composition depend on the customer's geographic location and the amount in controversy.
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