The other option is the “symmetrical arrangement” or “bilateral option” clause, in which each party has the same right to arbitration.7Norton Rose Fulbright International Arbitration Report October 2017, page 25. Judge Coomaraswamy went with his verdict on the basis of this dispute that fell in the area of the arbitration agreement. However, since then, the Court of Cassation has adopted a number of controversial decisions refusing to impose unilateral option clauses. These cases had no real impact on asymmetric arbitration clauses, as the proposed option existed between national courts. Thus, in the Rothschild case (Cass. 1st civ., September 26, 2012, No. 11-26.022), the Court of Cassation ruled that an agreement offering a party the option to choose between a permanent choice of jurisdiction is non-option. The Court of Appeal approved the High Court`s decision on the applicability of a unilateral compromise clause. The various considerations will be taken into account in the following paragraphs.

In recent years, Turkish courts have taken an eclectic approach to interpreting arbitration clauses. This article discusses the extent to which flexibility in the drafting of arbitration agreements is recognized and applied in arbitration proceedings by arbitration tribunals or state courts. This article focuses on issues raised by the interpretation and application of generally accepted arbitration clauses, known as hybrid clauses (which merge the characteristics of institutional arbitration with ad hoc arbitration or, for some arbitration management institutions, by the rules of another institution or by a merger of the two) and asymmetric arbitration clauses (which give the possibility to one or both parties to the , to be placed in one of the selected arbitration clauses) Switzerland: according to the practice of Swiss arbitration, it is accepted that the right to conciliation can be regulated selectively, i.e., that.dem applicant may have the right to pursue the dispute either through arbitration or before the state courts.