Unilateral option clauses in arbitration: an international overview: checklist

This checklist first recalls the purpose of dispute resolution clauses and the factors that parties will bear in mind when selecting a dispute resolution mechanism. It then considers the validity and enforceability of unilateral option clauses in select jurisdictions, analyses the reasons for their differing attitudes and examines whether unilateral options clauses are still fit for purpose.

Please note the law-stated date of this resource and that it does not consider more recent events, including legal developments arising out of and related to the 2022 Ukraine crisis.