If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered "Coordinated Cases."
Kick
· Kick Terms of Service
a claim to resolve any Dispute against Company will be deemed a Collective Arbitration if (a) two (2) or more similar claims for arbitration are filed concurrently...and (b) counsel for the claimants are the same, share fees or coordinate...
Netflix
· Netflix Account and Content Policies
If 25 or more Disputes are initiated with JAMS that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered "Coordinated Cases."
Hulu
· Hulu Subscriber Agreement
If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's …
you agree to take reasonable steps to ensure that counsel certifies...that (i) the demand for arbitration is not being presented for any improper purpose...(ii) the claims and other legal contentions are warranted by existing law...
any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b)...
By signing the Demand, counsel certifies...that...the Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution
Coursera retains the right to modify this arbitration agreement in the future. Any such changes will be posted at www.coursera.org/about/terms and you should check for updates regularly.
you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Spotify
· Spotify Terms and Conditions
A court of competent jurisdiction will have the authority to enforce this "Mass arbitration" section and, if necessary, to enjoin the filing or prosecution of arbitrations or the assessment or collection of Arbitration Fees.
A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Workday or you.
Wyze
· Wyze Terms of Service
A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Wyze or you.
The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide)...(2) issues that relate to the scope, validity, or enforceability of the arbitration agreement...
Issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
Chegg
· Chegg Terms of Use
all Disputes arising out of or relating to the Class Action Waiver, including any claim that all or part of the Class Action Waiver is unenforceable...shall be decided by a court of competent jurisdiction and not by an arbitrator...
A court of competent jurisdiction will exclusively determine whether the parties have entered into a valid and enforceable agreement to arbitrate their Claims and the arbitrability of any Claim or counterclaim...
...only a court of competent jurisdiction...shall have the exclusive authority to resolve any claim that all or part of the Class Action Waiver...are unenforceable, unconscionable, void, or voidable.
Zoom
· Zoom Terms of Service
A court has exclusive authority to rule on the Mass Action Waiver in Section 27.6, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
Spotify
· Spotify Terms and Conditions
a court has exclusive authority to: (1) decide arbitrability, as well as scope, validity, and enforceability of this Arbitration Agreement; (2) decide whether you and Spotify have complied with the pre-arbitration filing requirements...
a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement...
disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator.
a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity, and to enjoin any arbitration proceedings that don't comply with this Agreement.
A court will have the exclusive authority to enforce Section 11.7, including the question whether Section 11.7 applies to a given set of cases and the ability to prevent the filing or prosecution of arbitrations that do not comply with …
...either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration.
A court shall have authority to enforce this bellwether process and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations...
A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations...
A court shall have the authority to enjoin the filing or prosecution of arbitrations based on a failure to comply with this Informal Dispute Resolution Procedure.
Spotify
· Spotify Terms and Conditions
If any aspect of this "Pre-arbitration notice of dispute and informal resolution period" section has not been met, the parties agree that a court can enjoin the filing or prosecution of an arbitration...