In the context of standard contract terms, the specific written approval of the arbitration clause, as a requirement for the enforceability of unfair terms against the adhering party under art. 1341(2) of the Civil Code, may be invoked only by the adhering party and not by the drafter, who may not rely on the absence of such approval to his own advantage.
In case of doubt as to the nature of the arbitration clause, where the overall wording of the provision does not reveal an unequivocal expression of the parties’ intention to entrust a third party with the task of seeking an amicable settlement of the dispute, the rules governing arbitration must be deemed applicable.