Incident #96ECD6 · 25 AUG 2026major
AliExpress adds mandatory pre-arbitration steps and a class action waiver to its Australian terms
Before any arbitration, users must now complete a formal 60-day informal dispute process with a detailed written notice, order evidence and a sworn declaration. The terms also add a class action waiver, a small-claims exception, and severability clauses that keep the waiver in force even if arbitration is struck down. A statutory-rights clause preserves mandatory consumer law rights, and the old 30-day consultation step is replaced.
Taken from you
- Right to bring class, collective or representative actions (waived, except government enforcement actions)
- Must submit a detailed notice with order export, evidence and sworn declaration before arbitrating
- Must wait through a 14-day review and 60-day resolution period, plus possible cure periods, before filing arbitration
- Mass or coordinated claims (25+ via same firm) face extra scrutiny and AliExpress may extend review to 90 days
- Must disclose any claim assignment or litigation funding arrangement
- Small-claims claims cannot be dropped and refiled as arbitration without completing the pre-arbitration steps
Won back
- Small-claims court option for individual claims is expressly preserved
- Statutory rights under mandatory consumer law are expressly reserved, with conflicting provisions modified to comply
- Limitation periods are tolled while the informal process runs
- Arbitral tribunal may hold hearings by video conference
- Claimant can demand a notice of completion and proceed to arbitration if AliExpress fails to issue it within 14 days
Evidence · 4 of 4 quotes matched in source
BEFORE INITIATING ARBITRATION UNDER SECTION 8.7, THE CLAIMANT MUST FIRST COMPLETE THE INFORMAL DISPUTE RESOLUTION PROCESS DESCRIBED IN THIS SECTION 8.7A.+ inserted · ✓ matched in source
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ALIEXPRESS.COM AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY+ inserted · ✓ matched in source
(VI) A PERSONAL DECLARATION UNDER OATH SIGNED BY THE CLAIMANT, CONTAINING THE FOLLOWING STATEMENTS:+ inserted · ✓ matched in source
THE PARTIES SHALL THEN ENGAGE IN GOOD-FAITH NEGOTIATIONS TO RESOLVE THE DISPUTE FOR A PERIOD OF SIXTY (60) CALENDAR DAYS+ inserted · ✓ matched in source
Archived version ↗ · 3,464 words changed