Costly overseas arbitration clause: Uber v. Heller

Reported facts

An UberEats driver accepted a standard contract requiring Netherlands arbitration. Starting it cost almost US$15,000, near his annual income; he sought to bring an Ontario employment-law claim.

Published outcome

The Supreme Court majority held the arbitration agreement unconscionable and invalid, allowing the Ontario lawsuit to continue. It did not decide the underlying employee-status claim.

Limits when comparing your own situation

Invalidating this clause did not invalidate all arbitration or establish that all platform workers are employees. Procedural access and the eventual merits are separate.

Questions to prepare for your own situation

• Where must disputes be heard and what upfront costs apply?
• Could I negotiate the terms, and what version did I accept?
• Which status and pay issues remain undecided?

These preparation questions are our editorial guidance, not findings in the original case.