Steven Walker QC presented at an evening seminar to the CIArb East Asia in Hong Kong on “Multi-tiered Dispute Resolution Clauses: the enforceability of condition precedents to arbitration”. At the seminar Steven discussed the enforceability of dispute resolution clauses providing for ADR in common law jurisdictions with specific reference to clauses that provide for the parties to undertake one of more of the following before commencing arbitration:
- dispute board decisions; and
- other common condition precedents to arbitration.
During the seminar Steven discussed whether the courts in some common law jurisdictions are more willing to enforce ADR provisions than others and the dangers of commencing arbitration prematurely.