CEU Electronic Theses and Dissertations, 2015
| Author | Mecar, Marko |
|---|---|
| Title | ENFORCEABILITY OF MULTI-TIERED CLAUSES LEADING TO ARBITRATION |
| Summary | The issue of enforceability of multi-tiered clauses leading to arbitration arises when the claim is premature, for example, when it is submitted to arbitral tribunal before the Claimant employed all the stipulated mechanisms in the multi-tiered clause leading to arbitration. In those situations, the arbitral tribunals and courts may decide to enforce the multi-tiered clause by not allowing the Claimant to proceed further in the arbitral proceedings since the arbitral claim is premature, or they may decide not to enforce the multi-tiered clause. This paper will analyze the practice of the arbitral tribunals and the courts and scholarly work with regard to the issue of enforceability of multi-tiered clauses leading to arbitration. Furthermore, this paper will also outline the legal consequences in situations when the arbitral tribunal or the court find that the claim is premature and the multi-tiered clause should be enforced and will answer to the question who has the jurisdiction to decide on the issue whether the claim is premature. After aforementioned, this paper will analyze the issue of enforceability of multi-tiered clauses in Croatia, the legal consequences of enforcement of the multi-tiered clauses and who has the jurisdiction decide on the issue of enforcement of multi-tiered clauses according to Croatian legislation. |
| Supervisor | Várady, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2015/mecar_marko.pdf |
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