Unilateral option clauses are a common feature in many transaction documents. A unilateral option clause grants one party the exclusive right to decide between arbitration or litigation to resolve a dispute. This means a party can choose the forum for their dispute at the time the dispute arises, rather than at the time of negotiating the agreement.

Parties should take care when considering whether to include unilateral option clauses in their agreements. The consequences can be severe.  Clifford Chance has updated and expanded its 2017 Survey; covers over 95 jurisdictions.

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