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12 - Multi-tiered Dispute Resolution Clauses

An English Perspective

from Part III - Multi-tier Dispute Resolution in the Wider World

Published online by Cambridge University Press:  09 December 2021

By
Eva Lein
Edited by
Anselmo Reyes  and
Weixia Gu
Anselmo Reyes
Affiliation:
Singapore International Commercial Court and Doshisha University, Kyoto
Weixia Gu
Affiliation:
The University of Hong Kong
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Summary

This chapter assesses multi-tiered clauses from an English perspective. It retraces the developments in case law which established strict criteria regarding the enforceability of these clauses and alerts parties to numerous pitfalls in the drafting process. Furthermore, it discusses the English approach to good faith in negotiations which also has an impact on the drafting and interpretation of multi-tiered clauses.

Keywords

English lawmediationarbitrationnegotiationsgood faithescalation clausesenforceability
Type
Chapter
Information
Multi-Tier Approaches to the Resolution of International Disputes
A Global and Comparative Study
 , pp. 294 - 314
Publisher: Cambridge University Press
Print publication year: 2021

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