Hybrid Сlauses in International Procedural Law: a Comparative Analysis

The final master’s thesis is devoted to the study of the application of hybrid arbitration clauses in international procedural law. In the beginning, the author discusses arbitration clauses as a legal basis of international arbitration. Further on, the author focuses his attention on theoretical aspects of this issue, including notion, features and the validity of hybrid arbitration clauses in the international procedural law. The most extensive part of the study is dedicated to a comparative analysis of the court practice of countries with different approaches to validity of hybrid arbitration clauses (for example, England, Russia, Bulgaria, USA, France, India, Singapore, etc.). On the one hand, the author emphasizes the relevance of hybrid arbitration clause as an effective instrument of contract law, raised by freedom of contract. On the other hand, it is noted that a hybrid arbitration clause which is granting unequal rights to the parties, may be invalidated under certain exceptional conditions, for example, in cases of fraud, duress or unconscionability. Finally, based on the results of the research the author expresses a balanced opinion on the application of hybrid clauses.