CEU Electronic Theses and Dissertations, 2010
| Author | Kartsivadze, Liana |
|---|---|
| Title | JURISDICTION OF ARBITRAL TRIBUNAL ON THE GROUNDS OF MULTI-TIERED DISPUTE RESOLUTION CLAUSE |
| Summary | Focusing on the arbitral tribunal’s jurisdiction on the grounds of differently drafted multi-tiered dispute resolution clauses, the paper will first address the principle of Party Autonomy due to its high importance in the field; it then will outline in nutshell the ADR techniques used in multi-tiered dispute resolution clauses. On the basis of the relevant case law it will be demonstrated what are the tendencies with regard to the problems of these particular clauses. This thesis will address the issues related to the arbitral tribunal’s jurisdiction in cases when the parties have inserted multi-tiered dispute resolution clause in their contract and only one tier of this clause (usually the final stage) is arbitration. It will be examined whether or not it is of importance to the Arbitral tribunal’s jurisdiction the issue of compliance with the previous stages of escalation sequence. Applicability of the NY convention to the multi-tiered dispute resolution clauses as whole will be discussed further. Finally, some suggestions will be made regarding the drafting of these clauses; as if the clause is drafted properly it should not raise any further complications. |
| Supervisor | Tibor Várady |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2010/kartsivadze_liana.pdf |
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