Enforcement of Multi-Tiered Dispute Resolution Clauses

Abstract

This research paper considers the general enforceability of Alternative Dispute Resolution Clauses (ADR) particularly in the context of Multi-Tiered Dispute Resolution Clauses (MTDRC) by courts in selected jurisdictions. It looks at the problem of enforceability in a legal-comparative perspective by comparing cases from various civil- as well as common-law jurisdictions.

The conclusions reached in this research paper is that there is an increasing support for the use of such clauses and thus for the enforcement thereof by the courts. However, the requirements that each jurisdiction has for enforcement shows significant differences. Therefore a party who wishes to utilise such a clause must make sure that he/she is familiar with the specific requirements of relevant national laws before drafting the clause.

Keywords: Alternative Dispute Resolution Clauses, ADR, Multi-Tiered Dispute Resolution Clauses, MTDRC

JEL Classification: K41, K33, K12