Comparative Study on the validity of Unilateral Dispute Settlement Clauses

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Jafari Nodoushan Shahab; Zarin Laleh

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Journal: Modern Technologies Law Year:2020 | Volume:1 | Issue:1 Page(s): 257-275

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Information Journal Paper

Title

Comparative Study on the validity of Unilateral Dispute Settlement Clauses

Author(s)

Jafari Nodoushan Shahab | Zarin Laleh | Issue Writer Certificate

Keywords

Unilateral dispute settlement clauses

Hybrid dispute settlement clauses

Asymmetrical dispute settlement clauses

Optional dispute settlement clauses

Abstract

Unilateral dispute settlement clauses in international commercial and investment contracts – especially international loan contracts-are designed to provide one party to the contract with more dispute settlement options (normally domestic courts or arbitration) than the other contracting party. Thus one party may take into account different factors – including enforcement consideration-to choose from different options while the other party is stuck with only one forum. Although there is a wide range of opinions regarding the validity of Unilateral dispute settlement clauses in different jurisdictions, the recent reasoning of the Supreme Court of France has caused a new trend in the invalidity of such clauses in other jurisdictions. Throughout this research, some important rationales behind the invalidity of unilateral clauses have been surveyed and assessed. In sum, it is fair to suggest that unilateral clauses are, in principle valid, unless such terms amount to blatant injustice.

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APA: Copy

Jafari Nodoushan, Shahab, & Zarin, Laleh. (2020). Comparative Study on the validity of Unilateral Dispute Settlement Clauses. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), 1(1 ), 257-275. SID. https://sid.ir/paper/373266/en

Vancouver: Copy

Jafari Nodoushan Shahab, Zarin Laleh. Comparative Study on the validity of Unilateral Dispute Settlement Clauses. MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW)[Internet]. 2020;1(1 ):257-275. Available from: https://sid.ir/paper/373266/en

IEEE: Copy

Shahab Jafari Nodoushan, and Laleh Zarin, “Comparative Study on the validity of Unilateral Dispute Settlement Clauses,” MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), vol. 1, no. 1 , pp. 257–275, 2020, [Online]. Available: https://sid.ir/paper/373266/en

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