Airbnb, Inc. v. Doe
Guests sued Airbnb and a host after the host secretly recorded them in a rented condominium; Airbnb moved to compel arbitration under its clickwrap Terms of Service, which incorporated the AAA Rules empowering the arbitrator to rule on arbitrability. The Florida Supreme Court held that incorporation by reference of arbitral rules expressly delegating arbitrability to the arbitrator constitutes 'clear and unmistakable' evidence of the parties' intent to delegate gateway arbitrability questions, quashing the Second District's contrary decision in Doe v. Natt.
Key facts
- Guests sued Airbnb and a host after the host secretly recorded them in a rented condominium.
- Airbnb moved to compel arbitration under its clickwrap Terms of Service, which incorporated the AAA Rules giving the arbitrator power to rule on arbitrability.
- +2 more key facts with a free trial
Why it matters
This decision definitively resolves a Florida district court conflict and aligns Florida with every federal circuit to address the issue: incorporating the AAA Rules delegates arbitrability to the arbitrator, including… — full analysis with a trial
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