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The only element location strategy that mentions ordering of the returned web elements is the CSS selector in section 9.2.1, and it uses a reference to querySelectorAll. If drivers choose to implement this differently it feels to me that we should define the sorting order explicitly or reference the ECMAScript specification's. This is further complicated by the other location strategies not having ordering defined. Link to relevant section: https://dvcs.w3.org/hg/webdriver/raw-file/tip/webdriver-spec.html#element-location-strategies