Book contents
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- Part III Multi-tier Dispute Resolution in the Wider World
- 11 Multi-tier Commercial Dispute Resolution Processes in the United States
- 12 Multi-tiered Dispute Resolution Clauses
- 13 Multi-tier and Mixed-Method Dispute Resolution in Canada
- 14 Multi-tier Dispute Resolution in Australia
- 15 Praised, but Not Practised
- 16 Multi-tier Dispute Resolution in Russia
- 17 Multi-tier Dispute Resolution under OHADA Law
- Part IV Conclusion
- Bibliography
- Index
11 - Multi-tier Commercial Dispute Resolution Processes in the United States
from Part III - Multi-tier Dispute Resolution in the Wider World
Published online by Cambridge University Press: 09 December 2021
- Multi-tier Approaches to the Resolution of International Disputes
- Multi-tier Approaches to the Resolution of International Disputes
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Acknowledgements
- Table of Cases
- Table of STATUTES AND INSTRUMENTS
- Table of Rules, Codes and Guidelines
- Abbreviations
- Part I A Global Overview of Multi-tier Dispute Resolution: Main Themes
- Part II Multi-tier Dispute Resolution in Asia
- Part III Multi-tier Dispute Resolution in the Wider World
- 11 Multi-tier Commercial Dispute Resolution Processes in the United States
- 12 Multi-tiered Dispute Resolution Clauses
- 13 Multi-tier and Mixed-Method Dispute Resolution in Canada
- 14 Multi-tier Dispute Resolution in Australia
- 15 Praised, but Not Practised
- 16 Multi-tier Dispute Resolution in Russia
- 17 Multi-tier Dispute Resolution under OHADA Law
- Part IV Conclusion
- Bibliography
- Index
Summary
In the USA, commercial contracts often include tiered or stepped dispute resolution schemes that comprise multiple, varied mechanisms for resolving conflict. Contractual relationships are particularly suitable for tiered processes that accommodate business priorities, although critiques raise issues regarding necessity, utility and enforceability. Where courts have found contractual negotiation or mediation provisions to be valid and enforceable, the manner in which they address non-compliance under such agreements varies. When a party to a multi-step process fails or refuses to participate in contractually required negotiation or mediation prior to arbitration, there may be issues as to whether the consequences should be addressed in court or via arbitration. Despite being conventionally disfavoured in the USA, many neutrals have experience with ‘switching hats’ – ie moving from being mediator to being arbitrator, or vice versa – in the course of resolving disputes. Guidelines for the use of multi-tier processes take into account the uncertainties associated with judicial handling of stepped agreements as well as their inherent complexities, while recognising potential benefits.
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- Multi-Tier Approaches to the Resolution of International DisputesA Global and Comparative Study, pp. 271 - 293Publisher: Cambridge University PressPrint publication year: 2021