A Few Remarks on Enforceability of Unilateral Dispute Resolution Clauses Involving Arbitration
A Few Remarks on Enforceability of Unilateral Dispute Resolution Clauses Involving Arbitration

Author(s): Aleksandra Orzeł
Subject(s): Civil Law, International Law, International relations/trade
Published by: Masarykova univerzita nakladatelství
Keywords: Unilateral Dispute Resolution Clause; Arbitration Agreement; Equality of the Parties;
Summary/Abstract: Unilateral dispute resolution clauses, which are also known as “optional” or “asymmetrical” clauses, provide only one party with the right to refer a particular dispute to another dispute resolution forum than primarily agreed between the parties. Wording of such clauses vary a lot, thus one can distinguish between different types of unilateral clauses. There are unilateral jurisdictional clauses which offer one party the choice between various state courts. However, more often “optional clauses” involve arbitration as either the default dispute resolution mechanism, or an option reserved for one party only.

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