If a court denies a motion to compel arbitration and that denial is appealed, all related litigation must be stayed until the appeal is resolved. This stay applies to all claims at issue in the appeal.
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
Under this clause, if a court declines to send a dispute to arbitration and Uber appeals that decision, all related court proceedings are stayed pending the appeal's outcome. This means that even where a court has determined that arbitration is not required, claim resolution may be delayed by the appellate process.
How other platforms handle this
If you are a member of a putative class in a lawsuit against Lyft involving Driver Claims and a Motion for Preliminary Approval of a Settlement has been filed ... this Arbitration Agreement shall not apply to your Driver Claims in that particular class action.
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...
"in the event of any appeal from a court's denial of a motion to compel arbitration under the Arbitration Agreement, all litigation of the claims at issue in the appeal will be stayed pending resolution of the appeal.Excerpt from Uber's Terms of Use
REGULATORY LANDSCAPE: The enforceability of contractual stays pending arbitration appeals interacts with federal and state appellate procedure rules.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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If a court denies a motion to compel arbitration and that denial is appealed, all related litigation must be stayed until the appeal is resolved. This stay applies to all claims at issue in the appeal.
Under this clause, if a court declines to send a dispute to arbitration and Uber appeals that decision, all related court proceedings are stayed pending the appeal's outcome. This means that even where a court has determined that arbitration is not required, claim resolution may be delayed by the appellate process.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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