What is multi tier clause?

Multi-tiered, or multi-step, clauses are dispute resolution clauses in agreements containing a phased process to resolve differences, which starts with a number of alternative dispute resolution steps which start with negotiation between senior managers, mediation, dispute boards, etc.

What is an example of a dispute resolution clause?

“Catch All” Dispute Resolution Clause “The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same.

What is multi-tiered dispute resolution?

A multi-tiered dispute resolution clause is one which might say that in the event of a dispute arising, the parties must follow a sequence of processes. For example, the clause might provide that, first off, the parties must arrange for director representatives of each party to meet to seek to resolve the dispute.

What is consolidation clause?

If the Parties initiate multiple arbitration proceedings, the subject matters of which are related by common questions of law or fact and which could result in conflicting awards or obligations, then all such proceedings may be consolidated into a single arbitral proceeding. See All (38) Consolidation.

What is force majeure clause?

Force majeure is a provision in a contract that frees both parties from obligation if an extraordinary event directly prevents one or both parties from performing.

What are two dispute resolution clauses?

Common contracts with dispute resolution clauses include: Arbitration agreements. Settlement agreements. Insurance contracts.

What is a pathological arbitration clause?

The term “pathological clauses”, coined by Frédéric Eisemann, is widely used to describe arbitration clauses with apparent defect(s) liable to disrupt the smooth progress of the arbitration.

What is a mediation clause?

A business contract, lease or other written contract may contain a mediation clause. By using such a clause, the parties to the contract agree to mediate any future disputes.

What is the difference between consolidation and joinder?

(1) Consolidation may occur where two or more parties have cases which should be united because they contain identical or similar issues or in such other circumstances as justice requires. (2) Joinder may occur where one person has two or more petitions pending and they are united for consideration.

What is consolidation in arbitration?

Consolidation is defined in arbitration as “a procedural device which denotes the process whereby two or more claims are united into one single procedure concerning all parties and all disputes”[1] which allows to avoid conflicting awards, to save time and money.[2] To this end, consolidation of arbitration proceedings …

Is COVID-19 considered a force majeure event?

Even without that specific reference, the coronavirus should qualify under most force majeure clauses due to the government-imposed travel bans and quarantines.