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escalation clauses

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12 - Multi-tiered Dispute Resolution Clauses
from Part III - Multi-tier Dispute Resolution in the Wider World
- By Eva Lein
Edited by Anselmo Reyes, Weixia Gu, The University of Hong Kong
Book:

Multi-Tier Approaches to the Resolution of International Disputes

Published online:

09 December 2021

Print publication:

16 December 2021, pp 294-314
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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.