Summary The Federal Court of Australia recently handed down a judgement which provides some insight into issues surrounding the enforceability and effect of "internet contracts": Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846. Dialogue is alleging in these proceedings that Instagram has breached its Terms of Use by excluding Dialogue from access to its platform. Instagram, which alleges that Dialogue was engaged in unauthorised data "scraping", sought a stay of proceedings under section 7(2) of the International Arbitration Act 1974 (Cth) on the grounds that a version of the Terms of Use which was originally in place when Dialogue commenced using Instagram required disputes to be submitted to arbitration.