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That source doesn't answer my question though, which is specifically about changing Ts&Cs to require arbitration after the contract was originally agreed to by
by hn_throwaway_99 3y ago
That source doesn't answer my question though, which is specifically about changing Ts&Cs to require arbitration after the contract was originally agreed to by the consumer.
- dctoedt 3y agoThat's also OK, generally - see https://toedtclassnotes.site44.com/Notes-on-Contract-Drafting-2021-08-21.html#amend-unil https://toedtclassnotes.site44.com/Notes-on-Contract-Draftin...
- hn_throwaway_99 3y agoThanks! I'm still a bit curious to see if this has been tested in court, but that section is really informative and I like that it gives a bunch of cases I can look up. Most appreciated!
- dctoedt 3y agoYes, courts have upheld unilateral amendments requiring arbitration; see the Halliburton [0] and Lizalde [1] cases discussed in the course materials. Class-action waivers in arbitration provisions have been upheld by the U.S. Supreme Court in American Express v. Italian Colors Restaurant [2] [0] Halliburton: https://scholar.google.com/scholar_case?case=1820576798960453006 https://scholar.google.com/scholar_case?case=182057679896045... [1] Lizalde: https://scholar.google.com/scholar_case?case=16326955403953755557 https://scholar.google.com/scholar_case?case=163269554039537... [2] AmEx v. Italian Colors Restaurant: https://scholar.google.com/scholar_case?case=6722127011078046207 https://scholar.google.com/scholar_case?case=672212701107804...