Specht v. Netscape Communications Corporation, 306 F.3d 17 (2d Cir. 10/01/2002)

"This principle of knowing consent applies with particular force to provisions for arbitration." Windsor Mills, 101 Cal. Rptr. at 351. Clarity and conspicuousness of arbitration terms are important in securing informed assent. "If a party wishes to bind in writing another to an agreement to arbitrate future disputes, such purpose should be accomplished in a way that each party to the arrangement will fully and clearly comprehend that the agreement to arbitrate exists and binds the parties thereto." Commercial Factors Corp. v. Kurtzman Bros., 280 P.2d 146, 147-48 (Cal. Dist. Ct. App. 1955) (internal quotation marks omitted). Thus, California contract law measures assent by an objective standard that takes into account both what the offeree said, wrote, or did and the transactional context in which the offeree verbalized or acted.

[Specht v. Netscape Communications Corporation, 306 F.3d 17 (2d Cir. 10/01/2002)]