| Popis: |
Arbitration has gained reputation as one of the most popular forms of dispute resolution. The flexibility of arbitration has clothed it with numerous advantages over the traditional form of resolution, litigation. However, in recent times, arbitration has proved to be time-consuming and has resulted in further disputes. One reason for such undesirous result is the incorporation of complex arbitration clauses such as a Multi-tier Dispute Resolution clause. Often parties with the intent of expediting the resolution of disputes incorporate other requirements such as negotiations, conciliations or both as steps prior to the commencement of arbitration. Such Multi-tier Dispute Resolution clauses, on the contrary, have led to delayed and extended dispute resolutions owing to the peculiarities of the Initial-tiers. The author will analyse the legality as well answer certain questions pertaining to such clauses in five parts. In Part I, the author will discuss the validity and enforceability of the Initial-tiers. Following which, in Part II, the author will examine whether the Initial-tier are mandatory or not. In Part III, the author will further evaluate whether the Initial-tier are a condition precedent to the commencement of arbitration followed by elaborating on the exceptions where the Initial-tier are not to be followed, in Part IV. Based on the aforementioned research and analysis, the author in Part V will conclude the article highlighting the steps the parties can take to avoid the difficulties highlighted in the article. |
