Arbitration clauses with a waiver of class-action litigation rights. Overview of the Unconscionability.This article discusses how arbitration clauses have been used in data breach cases and whether they might be considerations in the future. The presence of an arbitration clause or class action waiver is to be considered at the initial stages of a case. Another provision in the Arbitration Agreement is titled "Waiver of Jury Trial". Arbitration Rules and Mediation Procedures.