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b2b terms rundown 7 – Arbitration clauses are not unfair

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Under the new b2b law clauses that tend to have a party waive all means of action against the other party in case of a dispute are null and void. This seems so obvious that it did not require any new law.

More surprising is that the preparatory works of the law refer to arbitration clauses to illustrate such unfair terms.

Not sure how this slipped into the parliamentary documents, but this clearly is a mistake, not worth discussing. Arbitration is a completely valid dispute resolution process compatible with laws and treaties on fundamental rights and fair justice.

The only thing we should learn from this extract is that one should not give too much attention to preparatory works, certainly for laws that have been passed in a rush as was the b2b law. Other assumptions in the preparatory works (such as the fact that excessive penalty clauses should not be reduced but only annulled) could therefore also be taken with a grain of salt.

These short #b2btermsrundown posts randomly identify topics of the new b2b law.

Don't hesitate to reach out to Olivier Vanden Berghe, should you have any questions.