Arbitrability, Brussels Regulation, Europe, European Convention on Human Rights, France, Russia, Unilateral Clauses
Are Unilateral Option Clauses Valid?
A unilateral option clause (“UOC”) can take many forms. It may grant its beneficiary the exclusive right to choose between litigation and arbitration when a dispute arises, or to choose to litigate before a specific jurisdiction, while constraining the non-beneficiary to a specific forum or a specific mode of dispute settlement. Consequently, UOCs are undoubtedly…