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:
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
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