About the data

• to-arbitrator-full — 25 documents — The arbitrator decides whether the arbitration clause is valid, enforceable and applies, with no question reserved to a court.
• to-court — 25 documents — A court decides whether the arbitration clause is valid, enforceable and applies.
• to-arbitrator-except-class-waiver — 23 documents — The arbitrator decides those questions, except that a court decides the class-action waiver.
• silent — 15 documents — The captured text has no provision on this field.
• to-arbitrator-except-procedural — 10 documents — The arbitrator decides those questions, except that a court decides a stated procedural question (such as compliance with a pre-filing step or which version of the terms applies).
• to-court-but-whole-contract-to-arbitrator — 7 documents — A court decides challenges to the arbitration clause; the arbitrator decides challenges to the contract as a whole.
• class-waiver-question-to-arbitrator-only — 1 document — The document assigns only the class-waiver question, to the arbitrator.
• class-waiver-question-to-court-only — 1 document — The document assigns only the class-waiver question, to a court.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• split-formation-to-court — 1 document — A court decides only whether an agreement to arbitrate was formed; the arbitrator decides the rest.

• provider-rules-only-no-cap — 37 documents — The provider's rules or fee schedule, the arbitrator or the law set the consumer's share; the document states no cap and commits the company to no payment on the consumer's claim (a promise only to consider a request does not count).
• company-pays-part-or-on-conditions — 18 documents — Whatever the claim's value, the company pays part of the consumer's share, or pays it on a request, a showing or an outcome, and the document states no cap.
• silent — 12 documents — The captured text has no provision on this field.
• company-pays-share-below-stated-claim-value — 11 documents — The company pays or reimburses all or part of the consumer's share only on claims up to a stated value; the provider's rules govern otherwise.
• filing-fee-paid-or-reimbursed — 8 documents — The company pays, advances or reimburses the consumer's filing fee (in full, up to a stated amount, or on stated conditions); other fees follow the provider's rules.
• capped-at-stated-amount — 6 documents — The consumer's share of all arbitration fees is capped at a stated dollar amount or at the provider's consumer filing fee, whatever the claim's value.
• filing-fee-capped-at-court-fee — 5 documents — Only the filing fee is capped at the court filing fee; other fees follow the provider's rules.
• capped-at-court-filing-fee — 4 documents — The consumer's share of all arbitration fees is capped at what filing in court would cost, whatever the claim's value.
• company-pays-all — 4 documents — On a claim the consumer brings, the company pays or reimburses all arbitration fees, whatever the claim's value, on the conditions stated.
• each-side-bears-own-attorney-fees — 2 documents — The document allocates no arbitration fees; its only term is that each side bears its own attorney's fees.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• mass-filing-fee-term-only — 1 document — The document's only fee term applies to mass filings; it states no allocation for an individual arbitration.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.

• silent — 24 documents — The captured text has no provision on this field.
• hardship-or-request-conditioned — 17 documents — The company pays some or all of the consumer's fees if the consumer asks, or on a showing or finding of hardship or excessive cost.
• award-floor-or-bonus-tied-to-settlement-offer — 11 documents — The consumer receives a minimum award or a bonus if the award beats the company's last settlement offer.
• mass-proceeding-fees-only — 10 documents — The company pays only fees that arise in a mass proceeding (such as a mediator or procedural arbitrator).
• reimburses-filing-fee — 10 documents — The company pays or reimburses the filing fee, or fees the consumer paid, on the conditions stated.
• pays-all-arbitration-fees — 7 documents — The company pays the arbitration fees, apart from any filing fee or claim-value limit the document states.
• pays-only-if-company-initiates — 7 documents — The company pays the fees only in an arbitration it starts.
• pays-all-unless-frivolous — 5 documents — The company pays the arbitration fees unless the claim is found frivolous, in bad faith or improper.
• pays-only-where-required-by-law — 3 documents — The company pays only where the law requires it (not counted as a promise).
• award-floor-tied-to-refused-demand — 2 documents — The consumer receives a minimum award if the award reaches or exceeds relief the consumer demanded and the company refused.
• discretionary-consideration-only — 2 documents — The company may, but need not, pay or reduce the consumer's share (not counted as a promise).
• good-faith-cost-cooperation-language — 2 documents — The parties agree to cooperate in good faith on costs (not counted as a promise).
• pays-costs-plus-fees-if-consumer-wins — 2 documents — The company pays costs and fees if the consumer prevails.
• advance-recoverable-if-company-prevails — 1 document — The company advances fees that it may recover if it prevails.
• attorney-fees-paid-if-award-beats-offer — 1 document — The company pays the consumer's attorney's fees if the consumer recovers more than the company offered.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• no-promise-arbitrator-may-award-costs — 1 document — No company promise; the arbitrator may award the consumer costs (not counted as a promise).
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• pays-arbitrator-and-arbitration-unique-costs-only — 1 document — The company pays the arbitrator and costs unique to arbitration only.
• pays-filing-fees-plus-capped-attorney-contribution — 1 document — The company pays filing fees and, on a showing, up to a stated amount of attorney's fees.
• right-to-elect-to-pay-where-required — 1 document — The company may elect to pay where the rules or the law require it (not counted as a promise).

• frivolous-or-rule-11-only — 32 documents — Fees or costs shift only on a finding that a claim was frivolous, in bad faith or in breach of Rule 11 standards.
• silent — 23 documents — The captured text has no provision on this field.
• offer-of-judgment-cost-shift — 18 documents — A party who rejects a settlement offer and then does no better pays the offering party's costs from the offer.
• court-equivalent-fee-shifting-imported — 6 documents — The arbitrator may shift fees and costs as a court could.
• one-way-collection-or-enforcement-costs — 6 documents — The only term is a one-way collection or enforcement-cost term outside the dispute-resolution provisions (not counted as a shift in arbitration). — Not counted as fee shifting against the consumer in arbitration; shown separately.
• provider-fee-rules-apply-if-claim-found-improper — 5 documents — The company's fee promise falls away, and the provider's fee rules apply, if the claim is found frivolous or improper.
• pre-filing-noncompliance-costs — 4 documents — A party that files without completing the pre-filing steps may be ordered to pay the other side's fees and costs.
• prevailing-party-fees — 4 documents — The prevailing party recovers its attorney's fees.
• loser-pays-on-motion-to-compel — 2 documents — The party that loses a motion to compel arbitration pays the other side's costs and fees.
• company-fee-recovery-if-claim-filed-in-court — 1 document — The company recovers its fees if the consumer sues in court instead of arbitrating.
• consumer-advances-half-of-fees-in-mass-arbitration — 1 document — In a mass arbitration the consumer must advance half the administrative and arbitrator fees.
• costs-for-breach-of-dispute-terms — 1 document — A court or arbitrator may order a party that breaches the dispute terms (for example by joining a mass action) to pay the other side's costs and fees.
• frivolous-then-prevailing-party-fees — 1 document — On a finding of frivolousness, the prevailing party recovers its fees.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• loser-reimburses-advanced-fees — 1 document — A consumer who loses may be ordered to repay fees the company advanced.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• pre-filing-noncompliance-dismissal — 1 document — A claim filed without completing the pre-filing steps must be dismissed.
• prevailing-party-cost-recovery — 1 document — The prevailing party recovers its costs.

• mandatory-condition-precedent — 71 documents — Filing is barred until a stated period runs or a stated step is done, or skipping the step has a stated consequence.
• silent — 20 documents — The captured text has no provision on this field.
• notice-only-no-waiting-period — 5 documents — The required notice is the demand that starts the arbitration.
• encouraged-not-required — 2 documents — An informal step is encouraged, not required.
• company-elects-adr — 1 document — Alternative dispute resolution begins at the company's election.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• informal-no-fixed-period — 1 document — An informal step is required, with no fixed period.
• mass-arbitration-only-condition — 1 document — A pre-filing condition applies only in mass arbitrations.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• notice-conditions-fee-promise — 1 document — The notice conditions the company's fee promise, not the right to file.
• notice-required — 1 document — A notice must precede filing; no waiting period or consequence is stated.
• notice-required-no-tolling — 1 document — A notice is required, and the document states that it does not stop limitations periods.
• optional-external-program — 1 document — An external complaint program is offered, not required.
• optional-informal-period — 1 document — An informal period is optional.
• optional-notice-unlocks-minimum-award — 1 document — An optional notice qualifies the consumer for an award floor.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.

• anti-consolidation-only — 33 documents — A bare ban on joining or consolidating claims (not a mass-arbitration procedure). — anti-consolidation-only — a bare ban on joining or consolidating claims — is its own category in mass_arbitration_terms and is not counted as mass-arbitration procedure.
• batching — 23 documents — Similar demands are grouped into batches, each decided as one proceeding.
• staged-bellwether — 19 documents — A set of test cases proceeds first while the rest wait, usually with mediation between rounds.
• silent — 13 documents — The captured text has no provision on this field.
• incorporates-provider-rules-only — 9 documents — A provider's mass-arbitration rules or framework apply; the document drafts no batching or bellwether step of its own.
• bellwether-then-release-to-court — 3 documents — After test cases and mediation, remaining claims can leave arbitration for court, either automatically or on conditions the document states, such as a party's election.
• mass-filing-fee-terms — 3 documents — The document sets fee terms for mass filings.
• anti-aggregation-counsel-bar — 2 documents — A bar on filing or joining more than a stated number of demands brought with the same or coordinated representation (a filing bar, not a procedure).
• mass-action-waiver-no-number-or-procedure — 2 documents — An express mass-action waiver with no number and no procedure.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• mass-action-waiver-plus-sequential-batching — 1 document — An express mass-action waiver, with batching one batch at a time if a mass action proceeds.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.

• available-standard-carve-out — 85 documents — The consumer may take an individual claim within the court's jurisdiction to small claims court.
• silent — 18 documents — The captured text has no provision on this field.
• limited-by-venue-or-condition — 3 documents — Small claims court is available only in a venue the document names, only to some consumers, or only after a stated step.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• small-claims-referenced-no-carve-out-stated — 1 document — The document refers to small-claims eligibility but states no carve-out.

• general-with-window — 40 documents — Any consumer may opt out of arbitration within a stated period.
• silent — 40 documents — The captured text has no provision on this field.
• change-rejection-only — 7 documents — The consumer may reject later changes to the clause but may not leave arbitration.
• general-but-class-waiver-survives — 6 documents — Any consumer may opt out within a stated period, but the class-action waiver still applies after the opt-out.
• new-users-only-30-days — 4 documents — Only new users may opt out, within 30 days.
• general-with-window-30-days — 3 documents — Any consumer may opt out of arbitration within 30 days.
• mass-filing-stage-only — 2 documents — An opt-out arises only during a mass arbitration.
• expressly-none — 1 document — The document states that the consumer's only alternative is not to use the service or to close the account.
• general-with-window-45-days-but-closed-to-existing-customers — 1 document — New account holders may opt out within 45 days; existing customers may not.
• general-with-window-60-days — 1 document — Any consumer may opt out of arbitration within 60 days.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• non-consumer-only — 1 document — The opt-out is open only to non-consumer users.
• opt-out-referenced-terms-not-captured — 1 document (not captured) — The captured page refers to an opt-out whose terms are in an agreement that was not captured.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• retroactivity-opt-out-only — 1 document — The consumer may decline only the clause's application to earlier claims.

• continued-use-is-acceptance — 40 documents — The company may change the terms, and continued use is acceptance.
• fresh-rejection-right-per-amendment — 12 documents — The consumer may reject each change to the arbitration clause.
• consent-required-for-changes — 11 documents — A change binds the consumer only if the consumer agrees to it.
• notice-then-continued-use — 11 documents — The company gives notice of changes, and continued use after notice is acceptance.
• effective-on-posting-or-without-notice — 9 documents — Changes take effect on posting or without notice.
• silent — 6 documents — The captured text has no provision on this field.
• change-right-mechanism-unstated — 4 documents — The company may change the terms; no mechanism is stated.
• supersedes-prior-arbitration-agreement — 4 documents — The clause replaces earlier arbitration agreements unless the consumer rejects it.
• change-by-notice-no-rejection-right — 3 documents — Changes take effect on notice, with no right to reject.
• new-clause-governs-earlier-claims — 3 documents — A new clause governs earlier claims; the consumer's only way out is to close the account.
• change-only-in-writing-signed-by-company-officer — 1 document — The contract may be changed only in a writing signed by a company officer.
• fresh-optout-only-for-substantive-arbitration-changes — 1 document — A new opt-out is offered only for substantive changes to the arbitration clause.
• material-adverse-amendment-requires-rejection-right — 1 document — A material adverse change requires a right to reject.
• no-change-sentence-beside-change-procedure — 1 document — A sentence saying the terms will not change stands beside a change procedure.
• no-less-favorable-change-after-dispute-arises — 1 document — A change does not apply to a claim already noticed.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.

• broad-plus-survives-termination — 50 documents — The clause reaches claims broadly and survives termination (or reaches claims before and after the agreement).
• broad-reaches-affiliates-and-third-parties — 40 documents — The clause reaches claims involving affiliates or named third parties.
• claims-between-the-parties-only — 11 documents — The clause reaches claims between the parties only, naming no affiliate, third party or survival term. — Not counted as broad scope.
• binds-parent-and-minor — 1 document — The clause binds a parent and a minor.
• claim-definition-reaches-dealings-with-school — 1 document — The claim definition reaches the consumer's dealings with a school that is not a party.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• reaches-civil-rights-and-statutory-claims — 1 document — The clause names civil-rights and statutory claims.
• reaches-debt-buyers-and-collectors — 1 document — Assignees and collectors may enforce the clause.
• survives-sale-binds-buyer — 1 document — The clause survives a sale of the account and binds the buyer.
• third-party-beneficiary-named-retailer — 1 document — A named retailer may enforce the clause as a third-party beneficiary.

Only three categories count as confidentiality of the arbitration: proceeding-confidential, documents-exchanged-confidential, award-only.

• silent — 47 documents — The captured text has no provision on this field.
• no-preclusive-effect-clause — 21 documents — An award has limited or no effect in other cases (not confidentiality). — A term that limits what an award does in other cases (no preclusive effect, no precedential value, not binding on others, may not be used or admitted elsewhere) is no-preclusive-effect-clause: shown in the partition, never counted as confidentiality.
• proceeding-confidential — 18 documents — The arbitration proceeding is confidential.
• documents-exchanged-confidential — 6 documents — The documents exchanged in the arbitration are confidential.
• pre-filing-negotiations-only — 5 documents — Only the pre-filing negotiations are confidential.
• account-information-protection-only — 3 documents — The arbitrator protects account information on request (not confidentiality). — An arbitrator's duty to protect account information on request stays account-information-protection-only, also not counted.
• protective-order-or-confidentiality-agreement — 3 documents — The parties are to seek a protective order or make a confidentiality agreement.
• award-only — 1 document — Only the award is confidential.
• confidentiality-rules-referenced-not-stated — 1 document — The document refers to confidentiality rules that it does not state.
• evidence-reuse-ban — 1 document — Evidence from one arbitration may not be used in another.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• mass-arbitration-mediation-only — 1 document — Only the mass-arbitration mediation is confidential.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.

• silent — 46 documents — The captured text has no provision on this field.
• expressly-not-shortened — 21 documents — The document states that ordinary limitations periods apply.
• shortened-to-1-year — 21 documents — Claims must be brought within one year.
• shortened-to-2-years — 8 documents — Claims must be brought within two years.
• statement-error-reporting-bar — 3 documents — The only time term is a deadline to report errors on a statement (not counted as a shortened period). — Not counted as a shortened limitations period.
• named-state-limitations-period-applies — 2 documents — A named state's limitations period applies.
• notice-deadline-1-year — 2 documents — Notice of a claim must be given within one year.
• partial-capture — 2 documents (not captured) — The part of the document that would answer this field was not captured, so the field was not read.
• disclosure-that-forum-rules-may-set-time-limits — 1 document — The document discloses that the forum's rules may set time limits.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• notice-deadline-2-years — 1 document — Notice of a claim must be given within two years.
• shortened-for-specified-claims-only — 1 document — A shortened period applies to specified claims only.

• narrow-severance — 56 documents — Only the affected claim, class action or part leaves arbitration or is severed; the rest is arbitrated.
• whole-clause-void-if-class-waiver-struck — 37 documents — If the class-action waiver (or the class-arbitration bar) is held unenforceable, the whole arbitration clause falls away, generally or as to the affected claims.
• class-waiver-declared-non-severable — 6 documents — The class-action waiver is declared non-severable, without a stated consequence that voids the whole clause.
• batching-tied-whole-clause-void — 5 documents — If the batch-arbitration provision is held unenforceable, the whole arbitration clause falls away.
• silent — 4 documents — The captured text has no provision on this field.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.

• silent — 42 documents — The captured text has no provision on this field.
• personal-participation-or-signature-required — 19 documents — The consumer must personally participate or sign.
• no-agent-opt-out — 10 documents — An opt-out may not be submitted by an agent.
• individualized-conference-required — 9 documents — A separate settlement conference is required for each claimant, even with shared counsel.
• expressly-permits-representation — 6 documents — The document expressly permits representation by counsel.
• authorization-to-share-account-with-counsel — 5 documents — The consumer must authorize the company to share account information with counsel.
• counsel-certification-required — 4 documents — Counsel must sign and certify the demand.
• no-third-party-submission — 4 documents — A notice or demand may not be submitted by a third party.
• personal-signature-and-counsel-certification — 3 documents — The consumer must sign the demand personally, and counsel must sign or certify it.
• individualization-and-ai-certification — 2 documents — A demand must be individualized and certify that AI-generated content was personally verified.
• authentication-before-account-shared-with-attorney — 1 document — The consumer must authenticate and consent before the company discusses the account with an attorney.
• authorization-to-share-account-with-counsel-dismissal-possible — 1 document — The consumer must authorize sharing with counsel, and a claim may be dismissed without it.
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• litigation-funding-disclosure — 1 document — Parties must disclose litigation funding.
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.
• partial-capture — 1 document (not captured) — The part of the document that would answer this field was not captured, so the field was not read.

• no-mass-filing-terms — 46 documents
• batching-trigger — 19 documents
• bellwether-trigger — 17 documents
• provider-rules-deferral — 10 documents
• bellwether-then-release-to-court — 4 documents — After test cases and mediation, remaining claims can leave arbitration for court, either automatically or on conditions the document states, such as a party's election.
• number-stated-procedure-deferred — 3 documents
• filing-ban — 2 documents
• mass-action-waiver-no-number-or-procedure — 2 documents — An express mass-action waiver with no number and no procedure.
• coordination-trigger — 1 document
• forum-switch-trigger — 1 document
• group-arbitration-range — 1 document
• hybrid-bellwether-then-batching — 1 document
• incorporated-terms-not-captured — 1 document (not captured) — The terms on this field are in an incorporated document that was not captured, so the field was not read.
• mass-action-waiver-with-batching-fallback — 1 document
• not-captured — 1 document (not captured) — The arbitration agreement itself was not captured, so the field was not read.

Trigger numbers, by document (as counted):

• 25 — 35 documents
• 100 — 5 documents
• 50 — 4 documents
• 20 — 2 documents
• 2 — 1 document
• 5 — 1 document
• 26 — 1 document
• 75 — 1 document