Standard-form contracts governing consumer transactions often include clauses that specify how disputes will be resolved. Such dispute resolution clauses (DRCs) spell out which law should govern and in which forum a dispute should be heard. The choices made are important because they help determine whether a party will find it worthwhile to seek legal redress on being injured. And the possibility that such clauses specify laws and fora that are not mutually convenient for the buyer and the seller has multiplied with the growth in online commerce, as such commerce involves transactions between buyers and sellers that are often distant.

The use of DRCs in mass-market transactions, both online and traditional, has sparked controversy among academics and legislators. One position that some have taken is that liberal enforcement of DRCs is desirable. DRCs help sellers minimize costs associated with legal complexities of transacting in many states at once.