Multi-Tier Arbitration Clauses: International Trends in Dispute Resolution

Author: Anjali Chawla

Year: 30 August 2022

The aim of the book is to critically analyse the scope of enforceability of MDRC and to determine their true nature, as obligatory or merely optional, under the Indian Arbitration regime Arbitration law is procedural in nature, having an impact on the smooth functioning of the resolution of disputes which are substantive in nature. This book represents dispute resolution through ADR in its most composite/all-encompassing form by providing the most efficacious option in each jurisdiction. The book discusses the:

- The nature of Multi Tier Dispute Resolution Clauses (MDRC), its functioning, benefits, and drawbacks.

- View of Indian courts on the nature of MDRC.

- Indian view of MDRC being a prerequisite to arbitration. It further establishes that both tribunal and courts are the competent fora to determine the enforceability of MDRC.

The book covers MDRC in different jurisdictions like UK, USA, France, Canada, Germany, Australia, Singapore, Hong Kong, China, Taiwan, Switzerland and India. It sheds light on the circumstances where MDRC fails to be enforced and provides recommendations and suggestions based on the best practice of international arbitration to draft an enforceable clause.