Monday, August 7, 2023

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

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