Enforceability Of Multi-tiered Dispute Resolution Clauses

As international trade becomes more and more frequently, more and more disputes arise, on the other hand, the disputes become more and more complex, so the parties try to find a new appropriate set of dispute resolution mechanism. On this ground, the multi-tiered dispute resolution clause attracts the parties' s attention. In recent years, the multi-tiered dispute resolution clause has became more and more popular, especially in complex and long-term construction or engineering contracts.However, many problems occur regarding the enforceability of these clauses in practical application.This article seeks to analyze the legal issues about the enforceability of the multi-tiered dispute resolution clauses in the light of the different views of scholars, courts and arbitral tribunals, to clarify the essentials tor an effective multi-tiered dispute resolution clause.On the last part of this paper, introduce the practice of Chinese multi-tiered dispute resolution mechanism and China's attitude towards the enforcement of multi-tiered dispute resolution clauses. The lack of the relevant provisions of the legislation and practice experiences resulted in limited application of multi-tiered dispute resolution clauses in our country. There is no doubt that multi-tiered dispute resolution clauses have many advantage and bring a lot of convenience forthe parties, in order to follow the current trends of international commercial, China should also pay attention to the multi-tiered dispute resolution clauses. For this purpose, we should not only pay attention to the drafting of multi-tiered dispute resolution clauses, but also improve the relevant laws and rules,to encourage more parties to apply multi-level dispute resolution provisions.