“Conflicting online terms – E.D. Va. rules that ‘arbitrability delegation’ clause requires that arbitrator resolve conflict

James F. Bogan III of Kilpatrick Townsend has authored this article, available on Lexology, discussing the recent federal court decision in Montoya v. King.Com Limited. The court held that the question of arbitrability–where there was a conflict between general contractual terms of use, and those specifically applicable to a “Candy Crush All Stars” tournament–was for the arbitrator to determine. The larger takeaway for contract drafters, however, is the importance of ensuring consistency among multiple agreements: if a party decides in one agreement to provide for arbitration, it should take care that related documents do not conflict.