CEU Electronic Theses and Dissertations, 2014
| Author | Perényiová, Judita |
|---|---|
| Title | UNILATERAL OPTION CLAUSES IN COMMERCIAL ARBITRATION |
| Summary | Unilateral option clauses combine arbitration and choice of court options. They allow one of the parties but not the other to choose whether to refer an existing dispute to arbitration or to court proceedings. Unilateral option clauses encompass not only those where one of the parties is expressly named as the one vested with the option, but also those where the option is given with regard to certain types of claims which may arise or which are likely to arise only against one of the parties. In most jurisdictions these clauses are upheld and enforceable, however, courts of some countries have invalidated them, thus leaving the party vested with the option with the forum he sought to prevent. This thesis aims to provide a comprehensive analysis of court decisions which indicate the approach of national courts to unilateral option clauses in a commercial setting. It will deal to some extent with decisions which were not made in a commercial setting and with decisions that concern clauses which provide for unilateral choice between courts which are, however, relevant with regard to unilateral option clauses. The thesis will show that some recent decisions have brought even more uncertainty as to whether unilateral option clauses will function as intended, thus tempering the benefits offered by the flexibility of such clauses. Furthermore, this paper also considers the potential pitfalls, which should be born in mind when drafting a unilateral option clause. |
| Supervisor | Varady Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2014/perenyiova_judita.pdf |
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