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Asymmetric Jurisdiction Clauses: Grounds for Validity Within Different Jurisdictions

https://doi.org/10.17589/2309-8678-2020-8-3-84-115

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Abstract

The article is devoted to the comparative analysis of asymmetric jurisdiction clauses in international procedural law. The paper focuses, firstly, on a detailed analysis of the national and international approaches to the nature and interpretation of asymmetric jurisdiction clauses within international civil procedure, and, secondly, on the rules on interpretation, validity and enforcement of such clauses under different jurisdictions and private international law in general. After examining the accumulated case law and theoretical material, particular attention is paid to the issue that currently there is a number of different grounds for recognition of asymmetric jurisdiction clauses as valid. Although Russian courts tend to invalidate such clauses, the issue has not been unambiguously resolved and requires reconsideration of the established approaches in light of the recent trends on international level. Thus, particular attention is paid to the highly problematic and contradictory aspects of unilateral dispute resolution provisions under the general principles of law, including autonomy, mutuality and equality of the parties. The article proposes to reconsider the most typical arguments for invalidating such clauses, both in terms of substantive and procedural principles. Analysis of these issues is of key theoretical and practical importance for the effective evolution of modern arbitration and litigation practices not only in Russia but all over the world.

About the Author

Vasily Bakumenko
National Research University Higher School of Economics
Russian Federation

Phd student, school of General and interdisciplinary Legal studies

3 Bolshoy trekhsvyatitelskiy pereulok, Moscow, 109028



References

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For citation:


Bakumenko V. Asymmetric Jurisdiction Clauses: Grounds for Validity Within Different Jurisdictions. Russian Law Journal. 2020;8(3):84-115. https://doi.org/10.17589/2309-8678-2020-8-3-84-115

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ISSN 2309-8678 (Print)
ISSN 2312-3605 (Online)
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