3.5. So-called “Optional” clauses
When the parties are unable to agree on the choice of an arbitral institution because…
This solution is in principle admissible but has its drawbacks, especially if it…
An interesting case brought before the Italian…
In this case, the contract between an Italian seller and a Chinese buyer provided…
We may therefore conclude that such clauses are permissible…
An even different hypothesis is the arbitration clause according to which disputes…
« 9.1 In case of the dispute between the Licensor and the Licensee on the issues…
9.2 In case of failure to settle the mentioned disputes by means of negotiations…
In this case, decided by a U.S. court the plaintiff initiated arbitration at the defendant’s place of business, while pointing out that any
An even different problem arises when the parties reserve the right to choose, before…
Moreover, since such clauses are usually provided for the benefit of only one party,…
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