Wu v. Uber Tech., Inc.

Summary

The Court of Appeals held that Uber's clickwrap process objectively placed plaintiff on notice of the updated terms of use and that her checkbox and confirmation-button clicks manifested assent to those terms. Because the terms contained a clear delegation provision and plaintiff did not specifically challenge that provision, the arbitrator—not the court—must decide her challenges to the arbitration agreement's application to her already-pending personal-injury claims. The court also held that declining to impose sanctions or invalidate the arbitration agreement for the alleged ethical violation was not an abuse of discretion, and it affirmed.