Article title Enforcement of Multi-tier Dispute Resolution Clauses: Practice of Commercial and Investment Arbitral Tribunals and National Courts
Name of magazine Scientific-practical legal journal
«Alternative Dispute Resolution»
(1 half of the year – in Ukrainian,
2 half of the year – in Russian)
Issue 1/2013
Сторінки [56-63]
Annotation The article considers the issue of enforcement of multi-tier dispute resolution clauses, which provide for various mechanisms of dispute resolution, including pre-arbitral amicable settlement by means of negotiations, mediation, independent expert evaluation etc. and submission of the dispute for consideration of an arbitral tribunal. The authors have analysed approaches taken by arbitral tribunals in commercial and investment cases in regard to the question on whether the terms of pre-arbitral dispute settlement are mandatory and how compliance with these terms affects the arbitrators’ jurisdiction. Basic requirements to the wording of pre-arbitral dispute resolution clause to which arbitrators pay attention have also been considered. Furthermore, the article describes case law and analyses the approaches taken by national courts on the issues of enforcement of multi-tier dispute resolution clauses considered by them at the stage of recognition and enforcement or setting aside of arbitral awards.
Keywords multi-tier dispute resolution clause, negotiations, mediation, commercial and investment arbitration, time period for pre-arbitral settlement, jurisdiction of arbitral tribunal, arbitral award.