The agreement requires users to resolve all disputes with Uber through binding individual arbitration rather than through court proceedings, and both parties waive their right to a jury trial. This obligation applies to disputes arising before or after the date the terms are accepted, including personal injury and death claims.
This analysis describes what Uber'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 that disputes, including those involving personal injury or death, proceed through private arbitration rather than the court system, with an arbitrator's decision being final and binding. The provision also asserts that the FAA governs interpretation and enforcement, asserting preemption of state arbitration laws to the fullest extent permitted.
Interpretive note: Enforceability of retroactive application to pre-existing claims and personal injury or death claim arbitration requirements may vary by jurisdiction and applicable state law.
Under this clause, users who have agreed to these terms are contractually required to submit disputes to individual arbitration rather than file suit in court, and the arbitrator's decision is final and binding. The agreement states this obligation applies regardless of when the dispute arose, including claims that predated acceptance of these terms.
How other platforms handle this
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
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...
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
"By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and Uber are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and Uber are each waiving your right to a jury trial.Excerpt from Uber's Terms of Use
REGULATORY LANDSCAPE: This provision expressly invokes the Federal Arbitration Act (9 U.S.C.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision requires that disputes, including those involving personal injury or death, proceed through private arbitration rather than the court system, with an arbitrator's decision being final and binding. The provision also asserts that the FAA governs interpretation and enforcement, asserting preemption of state arbitration laws to the fullest extent permitted.
Under this clause, users who have agreed to these terms are contractually required to submit disputes to individual arbitration rather than file suit in court, and the arbitrator's decision is final and binding. The agreement states this obligation applies regardless of when the dispute arose, including claims that predated acceptance of these terms.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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