Court Rules Arbitrability Issue In “Clickwrap” Agreement Is For The Court, Not The Arbitrator

The Florida Court of Appeals’ decision in Doe v. Natt and AirBnB, Inc. involves claims by AirBnB guests whose visit was surreptitiously recorded by the property owner. The AirBnB “clickwrap” agreement provided for arbitration, and the opinion provides a detailed analysis regarding whether the court or the arbitrator should determine the arbitrability of the dispute.