Vasilis Pappas and Artem Barsukov have contributed a chapter to Global Arbitration Review's The Guide to Energy Arbitrations (5th Ed.) entitled Five Years Later: Update on Multi-Tier Dispute Resolution Clauses as Jurisdictional Conditions Precedent to Arbitration.
This chapter was originally published in 2017, in an earlier edition of the Guide to Energy Arbitrations to:
- explore the benefits and drawbacks of multi-tier clauses;
- identify how various jurisdictions around the world have addressed whether they constitute jurisdictional conditions precedent to the commencement of arbitration;
- outline considerations for transactional lawyers and parties incorporating multi-tier clauses into their agreements; and
- provide recommendations for how arbitration practitioners should deal with such clauses when they encounter them.
Since then, there have been major developments in this area in a number of jurisdictions, necessitating an update to this chapter.
Vasilis is the Co-Head of Bennett Jones' Arbitration, International Arbitration and Investor-State Arbitration practice groups, practicing out the firm's Vancouver office. Artem is a member of Bennett Jones' Arbitration and International Arbitration practice groups, practicing out of the firm's Edmonton office. Both Vasilis and Artem publish and speak frequently on topics relating to arbitration.