Updated 2026-05-19

Jury waiver

Language saying disputes will not be decided by a jury.

Why it matters

A jury waiver in a factoring agreement requires that disputes be decided by a judge rather than a jury. Waiving jury rights changes the dispute dynamics: judges are less susceptible to sympathetic narratives but tend to focus more closely on contract language. For large commercial disputes where complex financial calculations are at issue, a bench trial may be more efficient than a jury trial. However, in cases involving alleged predatory terms or misrepresentation, the ability to present the case to a jury may favor the seller. Commercial contracts routinely include jury waivers, and courts generally enforce them when the waiver is clear and unambiguous.

How it appears in contracts

Jury waiver provisions appear in the Dispute Resolution or General Provisions section of the factoring agreement. Common language: each party irrevocably waives any right to trial by jury in any proceeding arising out of or relating to this agreement. Enforceability varies by state: some jurisdictions require affirmative evidence that the waiver was knowing and voluntary; others enforce commercial jury waivers as a matter of routine. Sellers should not assume a jury waiver is unenforceable without state-specific legal advice, particularly in jurisdictions where enforcement is well-established.

Related terms

• Forum selection
• Governing law
• Personal guarantee
• Factoring agreement