Abstract

Over the years, multi-tier dispute resolution clauses have become common in long-term, multi-party and cross-border commercial contracts. This article: first, discusses benefits and risks associated with the use of multi-tier clauses as well as questions surrounding their enforceability; second, answers whether non-compliance with intermediary tiers in multi-tier clauses raises a question of substantive/threshold 'jurisdiction' of the arbitral tribunal or is simply a matter of 'admissibility' of claims ("jurisdiction admissibility dichotomy"); third, surveys how national ...