Collas Crill has contributed to the Clifford Chance Unilateral
Opinion Clauses Survey 2024.
Guernsey Managing Partner Gareth Bell and Professional Support Lawyer Jack Crisp authored the Guernsey response,
while Partner Simon Hurry and Senior Associate Karen Stachura authored the Jersey
response.
The 2024 survey, which categorises the current effectiveness of
unilateral option clauses around the world, provides an expanded
update to the 2021 survey and covers 120 jurisdictions.
In Guernsey, Gareth and Jack explained:
While the courts of Guernsey have not yet examined the
validity of unilateral option clauses, it is thought that the
courts would generally uphold such clauses as valid, following the
approach adopted in England and Wales. However, a unilateral option
clause in a consumer contract that gives the option to the
non-consumer may be considered unfair, and therefore unenforceable
against the consumer. There is no reason to believe that an
arbitral
