NEWS

Unilateral Option Arbitration Clause

Arbitration clauses, in their nature, impose on the parties an obligation to refer their disputes to arbitration as set forth in the arbitration agreement. Such agreements are vastly symmetrical – they provide both parties with the equal right to invoke arbitration proceedings.

This article written by JPM partner Djordje Novčić, Senior Associate Ivana Petković and Associate Dušan Žegarac explores unilateral option arbitration clauses (UACs), which give one party the option to choose arbitration while requiring the other party to litigate disputes in court.

The authors also analyze the matter of the recognition of UACs under Serbian arbitration law and case law, finding that arbitral tribunals in Serbia generally uphold the validity of UACs based on party autonomy principles. The article further discusses the issues that arise regarding the validity and enforceability of UACs across different jurisdictions.

Share this post to

Twitter
LinkedIn
Scroll to Top

Privacy Policy

Law firm Janković, Popović & Mitić Beograd takes care of your privacy. As a controller and in accordance with the Law on Personal Data Protection and other applicable personal data protection regulations, we are obliged to provide you with information related to processing of your personal data.

We use cookies to help improve your experience of our website by measuring how it’s used.

Read our Privacy & Cookie policy for more information.

This Privacy Notice describes which personal data we collect from you and in which manner, how we use and share your personal data. It contains information on purposes and legal grounds for processing, on the time period in which we store your personal data, the manner we protect this data as well as on your rights.

Close