Contractual Jury Waiver Provisions: A Striking Idea

This article discusses the enforceability of jury waiver clauses including factors considered by courts when analyzing whether the right to jury trial was effectively waived, the party bearing the burden of proof for the jury waiver clause, and the waiver’s scope. The article also discusses whether a jury waiver clause is enforceable when the entire contract is challenged, and the author gives practical advice on drafting enforceable jury waiver provisions.