A Study Of Multi-tiered Dispute Resolution Clause

The international trade becomes increasingly frequent, and people's ideas concerned dispute resolution are also updated constantly. Meanwhile, the multi-tiered dispute resolution clause in practice has been widely used in international commercial arbitration activities, especially in complex international commercial contract. The multi-tiered dispute resolution clause in the contract provides different ways of resolving the disputes in discussed, such as negotiation or mediation, conciliation, expert decision-making and arbitration. Generally, the final step of the multi-tiered dispute resolution clause is arbitration. Moreover, more and more disputes arising from the case involve the enforcement of the multi-tiered dispute resolution clause. It is implied that multi-tiered dispute resolution clause plays an increasingly important role in international commercial activities. However, in practical application it is accompanied with a lot of dilemmas, and this kind of issues concerned have not been paid enough attention, Therefore, the author here makes a primary study on multi-tiered dispute resolution clause in dealing with such kind of cases.This thesis consists of four chapters. Chapter one introduces the following three aspects:its concept; the reason why to choose such a dispute resolution clause; the social background and current situation of multi-tiered dispute resolution clause. Chapter two of this thesis is about the time of conclusion and the existing problems and corresponding countermeasures in concluding a multi-tiered dispute resolution clause. Chapter three introduces the prerequisite procedure to arbitration in multi-tiered dispute resolution clause, then analyses the enforceability of the multi-tiered dispute resolution clause. The Chapter four analyses whether and how the jurisdiction of Arbitral Tribunal will be affected while the parties have failed to fulfill the arbitration agreement's procedural requirements.