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25 February 2022 / Masood Ahmed , Syed Naman Ali
Issue: 7968 / Categories: Features , Procedure & practice , ADR , Arbitration
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International arbitration: clause & effect

73197
Admissibility & jurisdiction: Masood Ahmed & Syed Ali report on dispute resolution clauses in international commercial arbitration
  • Two recent High Court decisions have confirmed that pre-arbitral dispute resolution obligations are not matters of jurisdiction; rather they are matters of admissibility, which are for arbitral tribunals to determine and not the national courts.

Dispute resolution clauses (sometimes referred to as ADR clauses or tiered clauses) are becoming an increasingly common feature of international commercial contracts. In essence, a dispute resolution clause (DR clause) requires parties to exhaust a number of alternative dispute resolution procedures (eg negotiation, mediation etc) before the matter can be referred to arbitration or litigation. Therefore, DR clauses provide the parties with opportunities to explore whether their dispute can be settled before launching expensive and time-consuming court or arbitration proceedings.

An issue that may arise in arbitration is whether a party’s failure to comply with a DR clause may give rise to an issue of admissibility for the arbitral tribunal, or whether it is an issue of jurisdiction for the court under

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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