Clifford Chance
Another knock for unilateral jurisdiction clauses in Europe
18 May 2015
The French Cour de cassation has decided, again, that unilateral jurisdiction clauses are unenforceable.
Key issues:
- The French courts have reiterated their view that one-sided jurisdiction clauses are invalid
- Some other EU courts also take this line, while others have upheld unilateral clauses
- Ultimately, the Court of Justice of the European Union must resolve the issue
- Until then, uncertainty over unilateral jurisdiction clauses will remain
