Getting a court to direct a case to arbitration is no small task. Courts can, and often do, decline to enforce arbitration provisions for a variety of reasons: the user didn’t assent to the underlying agreement, the provision was not conspicuous enough, too onerous or one-sided, and so on. On top of that, courts often take different–and sometimes seemingly inconsistent–approaches to evaluating arbitration provisions. This webinar will review recent case law regarding arbitration provisions, and discuss best practices for obtaining contractual assent to online terms of service. We will also discuss how to craft an enforceable arbitration provision and address several other salient issues relating to arbitration provisions, such as who decides whether such a provision is enforceable.