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2017 Harmonius: J. Legal & Soc. Stud. Se. Eur. 360 (2017)
Multi-Tiered Dispute Resolution Clauses: Benefits and Drawbacks

handle is hein.journals/harmonius2017 and id is 362 raw text is: UDK 341.63:339.5 Katarina Tomie* MULTI-TIERED DISPUTE RESOLUTION CLAUSES: BENEFITS AND DRAWBACKS** This paper deals with the institute of multi-tiered dispute resolution clauses that appear as an alternative to typical arbitration clauses in international business practice. In particular, the aim of this paper is to explore how the multi-tiered dispute resolution clauses work in practi- ce through assessing their positive and negative sides. One of the most convincing positive sides appears to be the possibility of avoiding arbitra- tion which is costly. On the other hand, the biggest disadvantage of these clauses is that they are often inoperable in practice because of the bad drafting. Key words: Multi-tiered dispute resolution clauses. - ADR procedures. - Mediation. - Arbitration. 1. INTRODUCTION Parties often opt for dispute resolution mechanisms which in- clude going through different stages such as negotiation, mediation, ex- pert determination, etc. and finally, as a last resort, arbitration.1 These The author is an associate in commercial law firm Karanovi6 & Nikoli6 and a student of master studies at the University of Belgrade, Faculty of Law, laktrn- tomic@gmail. com. The paper was awarded with the first prize in the Gaso Kneevi6 essay com- petition for the best student paper from the area of alternative dispute resolu- tion in September 2017. 1 M. Pryles, Multi-tiered dispute resolution clauses, International Arbitration and National Courts: The Never Ending Story (ed. J. van den Berg), ICCA Congress Series Volume 10 2001, 24; J. H. Carter, Part I-Issues Arising from Integrated Dispute Resolution Clauses, New Horizons in International Com- mercial Arbitration and Beyond (ed. J. van den Berg), ICCA Congress Series Volume 12 2005, 446; C. Wallgren-Lindholm, Chapter 1: ADR and Business, ADR in Business, Practice and Issues across Countries and Cultures (eds. J.C. Goldsmith, A. Ingen-Housz, et al.), Kluwer Law International 2006, 11; J. D.M.

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