Is Uber's Arbitration Clause Enforceable?

In the case of Chilutti v. Uber Technologies, Inc., No. 1023 EDA 2021 (Pa. Super. July 19, 2023 en banc) (Op. by McCaffery, J.)(Stabile, J., Dissenting), a split Pennsylvania Superior Court ruled that the Plaintiffs were not bound by arbitration agreement that was contained within a set of hyper linked “terms and conditions” on a website or a smart phone application that they never clicked upon, viewed, or read.  

Such "terms and conditions" contained an arbitration clause relative to any personal injury claims.

In ruling that a plaintiff is not bound by the arbitration clause under the facts and circumstances at issue in this case, a majority of the Pennsylvania Superior Court en banc panel upheld a Plaintiff’s constitutional right to a jury trial in a personal injury matter. 

This case is the first before a Pennsylvania appellate court to examine the waiver of a right to a jury trial in an online agreement.

Anyone wishing to review a copy of this decision may click this LINK.


Source: Article - “Split Pa. Superior Court Rules Uber’s Arbitration Clause is Unenforceable” by Aleeza Furman Pennsylvania Law Weekly (July 21, 2023).

Source of image:  Photo by Austin Distel from www.unsplash.com.