8.01 This chapter examines situations where consent to arbitration has a perceived reduced consensual character. The techniques used to conclude arbitration agreements have evolved along with the techniques of concluding contracts: often the terms of contracts are not negotiated, but decided by one of the parties; the same happens with arbitration agreements.1 8.02 The chapter first discusses unilateral arbitration clauses (Section A). Unilateral arbitration clauses are often concluded because one party has a superior bargaining power. What is at stake in such...
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