Unilateral jurisdiction and arbitration clauses - valid or not?
Wednesday 8 May 2013 17:15 to 19:00
LocationBritish Institute of International and Comparative Law, Charles Clore House, 17 Russell Square, London WC1B 5JP
Craig Tevendale, Partner, Herbert Smith Freehills
Professor Gilles Cuniberti, University of Luxemburg
Dr Maxi Scherer, Special Counsel, WilmerHale; Senior Lecturer, Queen Mary University of London
Professor Matthias Lehmann, University of Halle-Wittenberg
This seminar examines so-called unilateral or asymmetric dispute resolution clauses, which oblige only one of the parties to bring their case in a specific court, while the other is free to select between different fora. Recently, the French Cour de Cassation has decided that this type of clause is invalid. Since, the validity of one-way jurisdiction clauses has been debated in various countries. The debate includes the question how hybrid arbitration clauses are to be assessed.
Speakers will discuss the French Supreme Court's decision; the views of different Member States on the interpretation of Art. 23 Brussels I Regulation; the future of unilateral jurisdiction clauses; and the interpretation of hybrid arbitration clauses.
This event has been organised by Dr Eva Lein, British Institute of International and Comparative Law
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