Multi-Tier Arbitration Clauses: International Trends in Dispute Resolution

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 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.

Chapter 1 Addressing the White Elephant
Chapter 2 The Breaking Dawn: Commencement of the Arbitration Regime
Chapter 3 Decluttering of the Arbitration Practices
Chapter 4 Understanding the Layers of Multi-Tiered Dispute Resolution Clauses
Chapter 5 The Curious Case of Mediation & Arbitration
Chapter 6 Multi-Tiered Resolution in France: A Conundrum of Polyclinique Des Fleurs & Clinique Du Morvan
Chapter 7 The Multiverse of Dispute Resolution: Hybrid Dispute Resolution in the United States
Chapter 8 Enforcement of Multi-Tier Clauses as a Condition Precedent to Arbitration: A Critique of the English System
Chapter 9 A Comprehensive Analysis of Multi-Tier Arbitrations under the Swiss Jurisdiction
Chapter 10 Analysis of the Multi-tiered Dispute Resolution Clauses in Canada
Chapter 11 The interphase between the Law and enforceability of Multi-Tier Resolution: Trend in Australia
Chapter 12 The Changing Narrative of the Multi-Tiered Dispute Resolution System: A German Perspective
Chapter 13 The Singaporean Approach to the Hybrid Clauses: from Jurisdictional Preconditions to Enforceability
Chapter 14 The Narrow Lane of Multi-Tier Dispute Resolution Clauses: Overview of Hong Kong
Chapter 15 Multi-Tier Dispute Resolution in the East: Chinese Arbitral System
Chapter 16 The Hybrid Dispute Resolution Affairs: Study of Taiwan
Chapter 17 The Multi-Tier Dispute Resolution Influence and Consequences under the Indian Arbitration Framework
Chapter 18 Recommendations for Drafting an Enforceable Multi-Tiered Clause
Chapter 19 Conclusion