Pre-arbitration conditions: Light coming to a grey area?

September 27, 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

Please click here to read the full article. You will be able to click to the different sections easily within the document.

Related pages:

International Arbitration more

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Peter Ashford
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