The arbitration clauses contained in the Terms of Services (ToS) of most social media websites mandate arbitration and the waiver of class arbitration.1 In light of this reality, this article seeks to analyze the legal position with respect to mandatory arbitration and class arbitration waiver in the United States, India, and European Union (EU). It compares and juxtaposes the respective positions in these three jurisdictions to find that whereas the United States has been pro-arbitration to the extent of being detrimental to consumer interest, India has adopted an overly protectionist approach, while the EU has adopted an effective model to balance the interests of corporations and consumers. In light of these findings, this article provides general and jurisdiction-specific recommendations to make arbitration clauses compatible with the interests of both parties involved.
Kavya Jha and Ananya Singh,
The Use of Arbitration Clauses by Social Media Websites: A Critique,
23 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol23/iss2/7