This is a short casenote of the decision of the French Supreme Court of September 26th, 2012, which found that one-sided jurisdiction clauses are void for being binding on one party only, and are thus contrary to the purpose of Article 23 of the Brussels I Regulation. The first part of the note discusses the private international law aspects of the case. The second part discusses the application of the francophone doctrine of potestativite in the context of jurisdiction clauses. Note: downloadable document is in French.
Pascal Ancel and I (University of Luxembourg) have posted One Sided Jurisdiction Clauses - a Casenote on Rothschild on SSRN.