This analysis describes what OpenAI'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
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 Dispute was frivolous or was brought for an improper purpose...
If Lyft initiates arbitration under this Arbitration Agreement, Lyft will pay all AAA filing and arbitration fees.
if the arbitrator determines that a party's claim was frivolous or brought for an improper purpose, the arbitrator must assign all fees and costs associated with the arbitration to that party.
"OpenAI will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.Excerpt from OpenAI's Terms of Use
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.
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The clause states: “OpenAI will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.”
ConductAtlas has identified this type of provision across 200 platforms. See the full comparison.
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