Mariana Soares David and Filipe Galvão Teles signed the article ‘Click to agree’ arbitration clauses: Analysis of some cases’

Mariana Soares David and Filipe Galvão Teles have published an article entitled ‘Click to agree arbitration clauses: Analysis of some cases’, exploring a topic of growing relevance in Consumer Law and Arbitration.

The article examines recent cases, including the high-profile dispute between Jeffrey Piccolo and Disney, where an arbitration clause in the Terms and Conditions of the Disney+ app sparked debate about its applicability to consumer cases. This case, like others involving companies such as Airbnb, Uber and Walmart, illustrates the legal and practical challenges in applying these clauses, especially when integrated into digital contracts concluded through ‘click to agree’ mechanisms.

The authors also highlight how different jurisdictions, including Singapore, the UK and Portugal, have dealt with these clauses. In Portugal, although there is no blanket ban on the use of arbitration in consumer disputes, case law emphasises that such clauses cannot restrict consumers‘ access to the courts and are often considered invalid if they disproportionately limit consumers’ rights.

This article offers a detailed and contextualised analysis of an emerging legal phenomenon, underlining the need for rigour in drafting and structuring these clauses to ensure their validity and enforceability while respecting consumer rights.

See the full article here.

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