{
  "id": "POL-214",
  "slug": "pol-214",
  "title": "Arbitration and class-waiver language needs a lawyer",
  "statement": "Arbitration, class-action-waiver and governing-law language must be reviewed by counsel rather than generated.",
  "rationale": "These clauses are jurisdiction-sensitive, increasingly challenged, and drafted wrongly they are struck out — taking the protection with them and sometimes more of the document besides. A generated arbitration clause is the single highest-risk thing a document tool can emit, because it reads as authoritative and its defects are invisible until it is relied on.",
  "layer": "POLICY_PAGE",
  "layerSlug": "policy-page",
  "object": "ToS arbitration and dispute-resolution clauses",
  "severity": "MEDIUM",
  "detectability": [
    "HUMAN"
  ],
  "failureClass": "TERMINAL_EVIDENCE",
  "authorities": [
    "TCR"
  ],
  "applicabilityText": "Applies to every 10DLC registration.",
  "universal": true,
  "remediation": "Have counsel draft or review the dispute-resolution clauses for the states you operate in, before publishing. Done when a lawyer has signed off on the arbitration and class-waiver wording specifically.",
  "notes": "Absorbs POL-245, which states the same escalation for generated clauses. Not something the registry should settle or the product should generate unreviewed: the user has to route these clauses to a lawyer, and a draft that contains them should say so at export.",
  "catalogIds": [
    "POL-245"
  ],
  "phase": "approval",
  "automated": false,
  "attestation": {
    "question": "Has a lawyer signed off on the arbitration and class-waiver wording specifically, for the states you operate in?",
    "howToCheck": [
      "Identify the dispute-resolution clauses in the terms: arbitration, class-action waiver, governing law.",
      "Have counsel draft or review them before publishing — not the document in general, these clauses in particular."
    ],
    "failureLooksLike": "A generated arbitration clause reads as authoritative and its defects are invisible until it is relied on. Drafted wrongly it is struck out, taking the protection with it and sometimes more of the document besides."
  },
  "url": "https://ekas.io/rules/10dlc/policy-page/pol-214/",
  "markdown": "https://ekas.io/rules/10dlc/policy-page/pol-214.md",
  "registry": "https://ekas.io/rules/10dlc/",
  "updated": "2026-07-25",
  "licence": "CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/"
}