The French Cour de Cassation invalidated a jurisdictional clause in the Rothschield case on the grounds that one of the contracting parties has the power to bring about or prevent the jurisdiction and therefore such clauses are void for lack of mutuality of obligation.This article published by Kluwer (by Maxi Scherer, Wilmer Cutler Pickering Hale and Dorr) explains the details of the case and why this is a concern since it was done in an important jurisdiction:
http://kluwerarbitrationblog.com/blog/2013/07/18/the-french-rothschild-case-a-threat-for-unilateral-dispute-resolution-clauses/
http://kluwerarbitrationblog.com/blog/2013/07/18/the-french-rothschild-case-a-threat-for-unilateral-dispute-resolution-clauses/
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