27 Sep 2019

Multi-tiered dispute resolution clauses are now very popular. It is becoming increasingly clear that arbitral tribunals (and the Courts) will give full effect to such
clauses and require the pre-conditions be complied with. The precise jurisprudential justification is less straightforward (especially in arbitration) and the remedy that an arbitral tribunal (or Court) should grant has been confused. Here we try to shed some light on the problems.

This article includes:

A. Introduction
B. Validity and enforceability of the pre-arbitration agreement
C. Mandatory condition precedent
D. Jurisdiction, Admissibility and Procedure and effects of the distinction
E. Effects of non-compliance
F. Conclusion

Click here to read the full article.

Related legal expertise


Follow us online

Register for updates

You can register online or follow us on Twitter or LinkedIn to receive our latest news, events and publications.



Title CV Email

Remove All