We are pleased to announce that our post on multi-tier and unilateral arbitration clauses has been picked by the London Court of International Arbitration (LCIA) and reproduced in an edited form in the LCIA Newsletter Spring Edition (Volume 18, Issue 1, 2013), a copy of which can be found here.
The article examines the different thresholds adopted by the English and Singapore courts regarding the enforceability of multi-tier / escalation clauses and, in particular, how explicit these pre-conditions to arbitration have to be before the English and Singapore courts will enforce them. We also look at unilateral clauses and the different approaches that have been taken by various jurisdictions as to their enforceability.
