Provision record
Uber · Uber Terms of Use · View original document ↗

Delegation Clause

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Document Record

What it is

The terms assert that questions about whether a dispute must go to arbitration, including claims that the arbitration agreement itself is unenforceable or unconscionable, must be decided by an arbitrator rather than a court, with the specific exception that courts have exclusive authority over class and mass action waiver disputes.

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision delegates threshold arbitrability determinations, including unconscionability challenges to the arbitration agreement itself, to the arbitrator rather than a court. The carve-out preserving court authority over class and mass action waiver disputes is operationally significant, as it creates a bifurcated authority structure between arbitrators and courts.

Interpretive note: Enforceability of delegation clauses in adhesion consumer contracts varies by circuit and may be subject to state unconscionability challenges depending on jurisdiction and FAA preemption analysis.

Clause Stability Stable

0
Changes
4
Months Monitored
Jul 9, 2026
First Seen
Jul 9, 2026
Last Seen

Consumer impact (what this means for users)

Under this clause, a user who challenges the validity or enforceability of the arbitration agreement must raise that challenge before an arbitrator rather than a court, except for challenges specifically directed at the class or mass action waivers. The agreement asserts that arbitrators, not courts, determine whether the arbitration terms apply to a given dispute.

Cross-platform context

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▸ View Original Clause Language DOCUMENT RECORD
"
Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes concerning the Class Action Waiver and Mass Action Waiver.

Excerpt from Uber's Terms of Use

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Delegation clauses have been the subject of significant judicial scrutiny under the FAA.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Uber Terms of Use
Entity
Uber
Document last updated
May 5, 2026
Tracking information
First tracked
July 9, 2026
Last verified
July 9, 2026
Record ID
CA-P-014506
Document ID
CA-D-00420
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
380506706c08e19854ffed675de851e2e51f6b319080c4462acb81159121deb8
Analysis generated
July 9, 2026 03:06 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Uber
Document: Uber Terms of Use
Record ID: CA-P-014506
Captured: 2026-07-09 03:06:42 UTC
SHA-256: 380506706c08e198…
URL: https://conductatlas.com/platform/uber/uber-terms-of-use/provision/CA-P-014506/delegation-clause/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Uber's Delegation Clause clause do?

This provision delegates threshold arbitrability determinations, including unconscionability challenges to the arbitration agreement itself, to the arbitrator rather than a court. The carve-out preserving court authority over class and mass action waiver disputes is operationally significant, as it creates a bifurcated authority structure between arbitrators and courts.

How does this clause affect you?

Under this clause, a user who challenges the validity or enforceability of the arbitration agreement must raise that challenge before an arbitrator rather than a court, except for challenges specifically directed at the class or mass action waivers. The agreement asserts that arbitrators, not courts, determine whether the arbitration terms apply to a given dispute.

Is ConductAtlas affiliated with Uber?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Uber.